Code of Conduct - Conduct Sanctions

VI. CONDUCT SANCTIONS 

When a student is found in violation of University policies or campus regulations, any of the following sanctions or combination thereof may be imposed. Any sanction imposed should be appropriate to the violation, taking into consideration the context, previous violations, and seriousness of the violation.

Sanctions [for any violations of Section 102.00, Grounds for Discipline] may be enhanced where an individual was selected because of the individual's race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications.

105.01 Warning/Censure
Written notice or reprimand to the student that a violation of specified University policies or campus regulations has occurred and that continued or repeated violations of University policies or campus regulations may be cause for further disciplinary action. A warning may be issued in instances of deliberate and serious violations as well as for repeat, non-egregious violations.

105.01(a) Non-Reportable Warning
A warning could be in the form of a non-reportable warning, which is notice that subsequent violations will result in more serious sanctions. A non-reportable warning may be issued when the student’s action formally constitutes a violation, but the circumstances and degree of severity of the action do not warrant the creation of a conduct record. Once issued, records of non-reportable warnings are maintained only for in-house reference in case of subsequent violations.

105.01(b) Reportable Warning
A warning could be in the form of a reportable warning, which is notice, maintained as part of the student’s conduct record.

105.02 [Rescinded May 17, 2002 per UCOP]

105.03 Disciplinary Probation
A status imposed for a specified period of time during which a student must demonstrate conduct that conforms to University standards of conduct. Conditions restricting the student's privileges or eligibility for activities may be imposed. Misconduct during the probationary period or violation of any conditions of the probation may result in further disciplinary action, normally in the form of Suspension or Dismissal. Disciplinary probation will typically be issued in response to more egregious violations and recurring serious violations to communicate to the student that further violations will most likely lead to temporary or permanent removal from campus.

105.04 Loss of Privileges and Exclusion from Activities
Exclusion from participation in designated privileges and activities for a specified period of time. Violation of any conditions in the written Notice of Loss of Privileges and Exclusion from Activities, or violation of University policies or campus regulations during the period of the sanction may be cause for further disciplinary action, normally in the form of Probation, Suspension or Dismissal.

105.05 Suspension
Termination of student status at the campus for a specified period of time with reinstatement thereafter certain, provided that the student has complied with all conditions imposed as part of the suspension and provided that the student is otherwise qualified for reinstatement. Suspensions will typically be issued in cases of extraordinarily serious first-time violations and for subsequent violations of a serious degree after a warning or disciplinary probation has been administered. Violation of the conditions of Suspension or of University policies or campus regulations during the period of Suspension may be cause for further disciplinary action, normally in the form of Dismissal.

105.06 Dismissal
Termination of student status for an indefinite period. Readmission to the University requires the specific approval of the Chancellor of the campus to which a dismissed student has applied. Dismissal will typically be used in cases that cannot be appropriately addressed with a suspension because the recurring nature of multiple violations or the extraordinary caliber of a single violation demonstrates that the student does not deserve an opportunity to return to campus. Readmission after dismissal may be granted only under exceptional circumstances.

105.07 Exclusion from Areas of the Campus or from Official University Functions
Exclusion of a student as part of a disciplinary sanction from specified areas of the campus or other University-owned, -operated, or -leased facilities, or other facilities located on University property, or from official University functions, when there is reasonable cause for the University to believe that the student's presence there will lead to physical abuse, threats of violence, or conduct that threatens the health or safety of any person on University property or at official University functions, or other disruptive activity incompatible with the orderly operation of the campus.

105.08 Interim Suspension
Exclusion from classes, from other specified activities, from areas of the campus, or from the entire campus, as set forth in a Notice of Interim Suspension issued by the Center for Student Conduct. A student will be restricted only to the minimum extent necessary and when there is reasonable cause to believe that the student's participation in University activities or presence at specified areas of the campus will lead to physical abuse, threats of violence, or conduct that threatens the health or safety of any person on University property or at official University functions, or other disruptive activity incompatible with the orderly operation of the campus. A student placed on interim suspension will be given prompt notice of the reason for the interim suspension and the duration of the interim suspension. Any interim suspension will be reviewed by the Chancellor or his/her designee within twenty-four hours of issuance by the Center for Student Conduct. The student will be provided with the opportunity for a prompt hearing before the Independent Hearing Officer regarding the merit of the interim suspension. At the hearing, the Independent Hearing Officer may modify or cancel the interim suspension. If an interim suspension is determined by the Independent Hearing Officer to have been issued improperly, then the University will engage in reasonable efforts to assist an individual who has been disadvantaged with respect to employment or academic status resulting from the suspension.

Notices of Interim Suspension and determinations regarding the validity of an Interim Suspension shall not be maintained in a student’s conduct file nor used as evidence of the occurrence of a conduct violation in a conduct hearing (except with regard to alleged violations of the interim suspension by the student). The Center for Student Conduct will issue an Alleged Violation Letter concerning the alleged conduct that led to the Notice of Interim Suspension within seven (7) days following the issuance of the Notice of Interim Suspension. Failure of a student to comply with the requirements of an interim suspension is a violation of this Code.

105.09 Restitution
A requirement for restitution in the form of reimbursement may be imposed for expenses incurred by the University or other parties resulting from a violation of these policies. Such reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Restitution may be imposed on any student who alone, or through group or concerted activities, participates in causing the damages or costs.

105.10 Revocation of Awarding of Degree
Subject to the concurrence of the Academic Senate, revocation of a degree obtained by fraud or other academic dishonesty. Such revocation is subject to review on appeal by the Chancellor.

105.11 Other
Other disciplinary actions, such as monetary fines, community service, or holds on requests for transcripts, diplomas, or other student records to be sent to third parties, as set forth in campus regulations.

105.11(a) University Service
A designated number of hours of unpaid University service, performed under the direction of an administrative officer of the Berkeley Campus.

105.11(b) Monetary fines
Monetary fines may be imposed.

105.11(c) Records Hold
A hold may be placed on transcripts and/or diploma(s) or other records as a sanction and/or until a student satisfies the terms and conditions of any sanction imposed.

105.11(d) Deferral or Withholding of Degree
An academic degree may be deferred when disciplinary proceedings are pending or when a student's full compliance with disciplinary sanctions is pending, or withheld when academic dishonesty or fraud affected the acquisition of the student's degree (see Recommendation to Revoke Degree Previously Conferred, section II.D.2.f, for further information regarding this procedure).

105.11(e) Stay of Sanction
The imposition of any sanction may be held in abeyance pending future conduct.

105.11(f) Counseling
Appropriate counseling or other professional assistance including but not limited to psychological counseling, drug and alcohol counseling, and anger management workshops may be required.

105.11(g) Other Actions
Other appropriate action, including, but not limited to, additional academic assignments.

105.11(h) Additional Student Organization Sanctions

1. In addition to the sanctions listed above, violations by student organizations may also result in revocation of the organization's recognition or revocation of recognition of the organization's officers.
2. A recognized student organization may be sanctioned where a member or members of the organization violated the Code with the knowledge and consent of the organization's officers, or acted in concert with other members of the organization.