Code of Conduct - Students Rights
I. STUDENTS RIGHTS
Students charged with violations of the Berkeley Campus Code of Student Conduct (Code) are advised of their due process rights when they meet with Center for Student Conduct staff, and throughout the process, they are entitled to the following procedural protections:
A. Notice of Conduct Charges
If the Center for Student Conduct determines that a student will be charged with violations of the Code, a notice is emailed to the student within seven (7) days after a complaint is filed or initiated by Student Conduct (unless the seven day period is extended by the Independent Hearing Officer (see Procedures and Timelines, Section II.A.4). The Alleged Violation Letter identifies those sections of the Code the student is charged with violating and includes a detailed description of the facts supporting the charge(s) (see Notice of Charges, section 2.C.2.a).
The University may bring charges against a former student, for offenses committed while a student, within six months after termination of student or student organization status. This limitation does not apply to cases that involve academic dishonesty or fraud affecting the acquisition of a degree, over which the University maintains indefinite jurisdiction.
B. Presumption of Innocence
It is presumed that a student charged with a violation of the Code is not responsible for such violations unless the student admits responsibility or it is determined otherwise following a hearing (see Standard of Proof, section II.D.2.d.5).
C. Choosing Not to Participate
The conduct process works best when students and staff collaboratively come to an informal resolution of cases. Students may choose not to participate in the resolution of their charges. In this situation the Center for Student Conduct will proceed to resolve the charge without the participation of the student (see Response to Charges, section II.C.2.b.2). When a hearing is held without the student’s participation, the decisions of the Independent Hearing Officer, the hearing body and the Dean of Students or his/her designee will have the same force and effect as if the student had participated. Students may also choose to remain silent during any portion of the conduct process and no inference will be drawn from the decision of the student to remain silent.
Students charged with violations of the Code are encouraged to fully explore informal resolution of their case. They may, however, elect to have formal resolution of the case through an administrative or panel hearing (see The Hearing, section II.D.2.d).
Students have a right to appeal the decisions of the hearing body and the Dean of Students or his/her designee. See Appeal of the Hearing Body and Dean of Students’ Decisions (section II.E) for a description of the appeals process.
Students may be accompanied by one advisor at any stage of the process, at the student’s own expense. An advisor’s role in the student conduct process is to provide students with assistance in preparing for and conducting meetings and hearings. In meetings prior to the commencement of a formal hearing process, students are encouraged to fully participate but may be assisted by an advisor who, with the written permission of the student, may interact directly with Center for Student Conduct staff and may meet on behalf of the student to seek an informal resolution. In a formal hearing, the student may consult with the advisor throughout the proceedings. A charged student may request that the advisor be allowed to make arguments and/or question witnesses on the student’s behalf during the hearing, and the Independent Hearing Officer will decide whether or not to grant that request after considering: whether granting the request will promote the fair, efficient and timely completion of the hearing; the ability of the charged student to effectively present the case; the complexity and seriousness of the case; the advisor’s familiarity with and willingness to abide by applicable procedures; cultural or language barriers that prevent the students from expressing themselves during the hearing; and such other factors as may be relevant in the particular case. The Independent Hearing Officer may limit the speaking role of the advisor during the hearing if necessary to prevent disruption.