Code of Conduct - Definitions
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 the student’s official enrollment; or
c) former students for offenses committed while a student.
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 email to the email address most recently filed with the Registrar’s office. It will be conclusively presumed that written notice to a student organization has been furnished if the notice is sent by email to the email address provided by the student organization to the Center for Student Leadership or sponsoring department.
C. Student Organizaiton
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.
The term “day” is defined as a full business day and does not include Saturdays, Sundays, legal holidays or University designated administrative holidays. With the mutual consent of the student, the Center for Student Conduct and the hearing body, hearings may be held outside of normal business hours, on Saturdays, Sundays or administrative holidays.
E. Committee on Student Conduct
1. Composition of Committee
The Committee on Student Conduct is the body of individuals who serve on hearing panels and consists of faculty, staff and both graduate and undergraduate students. One undergraduate student may be nominated by the recognized student government and one graduate student may be nominated by the Graduate Assembly. 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. Hearings may be heard by a quorum of three members of the Committee on Student Conduct so long as the faculty chair and one student are included on the 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.
F. Independent Hearing Officer
The Independent Hearing Officer is appointed by the Vice Chancellor for Student Affairs. Because it is intended that the Independent Hearing Officer operate independently of the Center for Student Conduct, neither shall report to the other nor to the direct supervisor of the other. The Independent Hearing Officer shall not participate in communications regarding the merits of a pending case with one party without the participation of the other party, except that the Independent Hearing Officer may consult the Office of Legal Affairs for legal advice.