Miscellaneous

Maintenance of Conduct and Academic and Academic Records

• University Policy, State and Federal Law:  Conduct 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.
   
• 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 Conduct and Community Standards for a period of at least seven years from the date of the letter providing notice of final conduct action, unless otherwise determined by the Dean of Students or his/her designee.
   
• 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.

Threats to Health and Safety/Disruptive or Illegal Activity

• 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 conduct action. See Interim Suspension (page 19) of this Code for Interim Suspension policy. See Disruptive and Illegal Activity (page 21) for further information regarding Penal Code Section 626.
   
• 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 in Appendix I for further information).

Application of the Code
Conduct 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.

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 the Student Conduct and Community Standards (2536 Channing Way, Bldg E.), Judicial Affairs and Compliance, Office of Student Development (2610 Channing Way) and the Student Advocate's Office (204 Eshleman), and on-line at http://studentconduct.berkeley.edu
 

Please be aware that the Center for Student Conduct and Community Standards is only accessible by a flight of stairs. For accommodations, please contact Student Conduct and Community Standards at 510-643-9069 or by email at studentconduct@berkeley.edu.