BERKELEY CAMPUS CODE OF STUDENT CONDUCT
General Overview
The University of California at Berkeley is a community of scholars committed to maintaining an environment that encourages personal and intellectual growth. It is a community with high standards and high expectations for those who choose to become a part of it, including established rules of conduct intended to foster behaviors that are consistent with a civil and educational setting. Members of the University community are expected to comply with all laws, University policies and campus regulations, conducting themselves in ways that support a scholarly environment. In this context, faculty are guided by The Faculty Code of Conduct, Section 015 of the Academic Personnel Manual, and students by the Berkeley Campus Code of Student Conduct, articulated here.
Accompanying the Berkeley Campus Code of Student Conduct (Code) is an established process to arrive at a clear understanding of the facts and circumstances surrounding any claim of violation of the Code and to respond appropriately when violations are sustained. Students facing a possible violation of the Code are given an opportunity to meet with a member of the Student Judicial Affairs (SJA) staff and discuss both sides’ understanding of the facts surrounding the incident in question. Ideally, claims can be resolved informally through discussions with SJA staff. If necessary, SJA will conduct an investigation and gather further information relevant to the complaint. Students may also provide any additional information to clarify the facts. If the investigation yields insufficient evidence or if the investigation shows that there was no Code violation, the case may be dropped or a Notification (see Notification) issued with no further action. If the investigation yields evidence of a Code violation, SJA will propose a resolution and students will again be given the opportunity to resolve the case informally. If the student chooses not to accept informal resolution or SJA determines it necessary, the case will be handled formally through an administrative hearing process.
Once the formal process begins, students can expect to be scheduled for a hearing at which they may provide information to a hearing panel composed of faculty, staff and students. SJA staff will present witnesses and evidence to support the case for the campus and students will have the opportunity to testify, present witnesses and evidence on their behalf and cross-examine the campus’ witnesses. The hearing panel will determine whether it is more likely than not that students violated the Code, and if so, will recommend an appropriate sanction to the Dean of Students. If a sanction is imposed, students have the right to appeal their case to the Vice Chancellor of Student Affairs.
Because this is an educational process, students are expected to speak for themselves. They may, however, seek the advice of another person to assist them in either the formal or informal process. In the event that the student chooses not to participate in the hearing process, the hearing panel may choose to proceed in his or her absence.
Sanctions in both the formal and informal processes are intended to have the effect of discouraging violations of the rules of conduct and educating students about appropriate behavior within the community. Sanctions often include such elements as community service, letters of apology, counseling or additional coursework to encourage students to learn from their prior behavior and educate others about the standards of the campus community.
I. STUDENT RIGHTS
B. Presumption of Innocence
C. Choosing not to Participate
D. Hearing
E. Appeal
F. Advisors
II. DISCIPLINARY PROCEDURES
2. Sexual Harassment Complaints
3. Complaints Relating to University Housing
B. Investigation of Misconduct
2. Case Charged
C. Resolution of Charged Cases
2. Formal Hearing Process
D. Appeal of the Hearing Panel and Dean of Students’ Decisions
2. Suspension of Sanctions Before the Appeal
3. Basis for Appeal
4. Final Determination of Appeal
III. DEFINITIONS
B. Notice
C. Student Organization
D. Days
E. Committee on Student Conduct
2. Hearing Panels
3. Duration of Appointment
IV. JURISDICTION
B. Off-Campus Conduct
2. Other Off-Campus Conduct
3. Conduct on Other UC Campuses
V. GROUNDS FOR DISCIPLINE
102.01 Academic Dishonesty
102.02 Other Dishonesty
102.03 Forgery
102.04 Theft
102.05 Electronic Resources
102.06 Unauthorized Conduct
102.07 University Housing
102.08 Physical Abuse
102.09 Sexual Harassment
102.10 Stalking
102.11 Harassment
102.12 Hazing
102.13 Obstruction of University Activities
102.14 Disorderly Conduct
102.15 Disturbing the Peace
102.16 Failure to Comply
102.17 Controlled Substances
102.18 Alcohol
102.19 Destructive Devices
102.20 Weapons
102.21 Disciplinary Actions
102.22 Notice of Emergency Suspension
102.23 Course Materials
102.24 Camping or Lodging
102.25 Other Policies or Regulations
VI. DISCIPLINARY SANCTIONS
105.02 [Rescinded May 17, 2002 by UCOP]
105.04 Loss of Privileges and Exclusion from Activities
105.05 Suspension
105.06 Dismissal
105.07 Exclusion from Areas of the Campus or from Official University Functions
105.08 Interim Suspension
105.09 Restitution
105.10 Revocation of Awarding of Degree
105.11 Other
105.11(b) Monetary fines
105.11(c) Records Hold
105.11(d) Deferral or Withholding of Degree
105.11(e) Stay of Sanction
105.11(f) Counseling
105.11(f) Other Actions
105.11(g) Additional Student Organization Sanctions
VII. MISCELLANEOUS
A. MAINTENANCE OF DISCIPLINARY AND ACADEMIC RECORDS
2. Campus Policy
3. Posting on Transcripts
B. Threats to Health and Safety/Disruptive or Illegal Activity
2. Disruptive and Illegal Activity
C. Application of the Code
D. Revisions of the Code
APPENDIX I: RELATED CAMPUS POLICIES AND REGULATIONS
APPENDIX II: EMERGENCY SUSPENSION
I. STUDENT 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 Student Judicial Affairs staff, and throughout the process, they are entitled to the following procedural protections:
A. Notice of the Charges
If Student Judicial Affairs determines that a student must be charged with violations of the Code, a formal notice is sent to the student within 30 days after a complaint is filed or initiated by Student Judicial Affairs. The Notice of Charges identifies those sections of the Code the student is charged with violating and includes a brief explanation of the facts supporting the charge(s). (See 'Notice of Charges') Click here for a Timeline of the disciplinary process.
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 it is proven otherwise or the student admits responsibility. (See 'Burden of Proof')
C. Choosing not to Participate
The judicial affairs process works best when students and staff collaboratively come to resolution of cases. Students may choose not to participate in the resolution of their case, however, the hearing panel may elect to proceed in their absence. When a hearing is held in a student’s absence the decisions of the hearing panel and the Dean of Students will have the same force and effect as if the student had been present. Students may also choose to remain silent during any portion of the judicial process and no inference will be drawn from their silence.
D. Hearing
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 a hearing. (See 'The Hearing')
E. Appeal
Students have a right to appeal the decisions of the hearing committee and the Dean of Students. See 'Appeal of the Hearing Panel and Dean of Students’ Decisions') for a description of the appeals process.
F. Advisors
Students must speak on their own behalf but may be accompanied by one advisor at any stage of the proceedings, at his or her 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 Student Judicial Affairs staff and may meet on behalf of the student to seek an informal resolution. In a formal hearing, the student may consult with his or her advisor throughout the proceedings, however, advisors may only participate directly if the hearing panel, in its discretion, believes such participation would benefit the proceedings. The extent of such participation will be determined by the hearing panel.
II. DISCIPLINARY PROCEDURES
The Office of Student Judicial Affairs is responsible for administering the Code on behalf of the campus. Student Judicial Affairs handles complaints of both academic and non-academic violations of the Code. Faculty members may resolve academic violations separately or in conjunction with Student Judicial Affairs. (See 'Faculty Informal Resolution of Academic Violations') Each case is handled individually and, while due process is always provided, every procedure outlined in the Code may not be employed in a particular case. The timelines set forth in this document may be extended in unusual circumstances as determined by the Dean of Students.
A. Filing a Complaint and Investigation of Allegations
1. Filing a Complaint
Most cases begin with a complaint alleging that a student has committed an academic or non-academic violation of the Code. Any member of the faculty or staff, a student or any other person may file a complaint with Student Judicial Affairs. Complaints alleging violation of certain campus policies, such as the Sexual Harassment Policy, must be filed within time limits prescribed in those policies. Student Judicial Affairs may also independently investigate information concerning student misconduct from any source, such as police and/or press reports, even where no formal complaint has been filed.
2. Sexual Harassment Complaints
In cases involving sexual harassment and/or gender discrimination, the investigation of specific allegations will be conducted by the Title IX Compliance Officer or other officer designated by the Chancellor in accordance with the Berkeley Campus Policy on Sexual Harassment and Complaint Resolution Procedures or the Student Grievance Procedure. In cases involving a complaint of rape or sexual assault, the investigation of specific allegations will be directed by the Title IX Compliance Officer and conducted by Student Judicial Affairs. The Title IX Compliance Officer will decide whether sexual assault and sexual harassment cases should be pursued by Student Judicial Affairs.
3. Complaints Relating to University Housing
Students residing in University-owned and/or operated housing facilities who violate the Residential Code of Conduct may be adjudicated under the process outlined in the Residential Conduct Code or referred directly to Student Judicial Affairs.
B. Investigation of Misconduct
Student Judicial Affairs will conduct an investigation of complaints or reports of misconduct and determine whether sufficient evidence exists to pursue charges against the accused student. One of the following actions will then be taken:
1. Not Pursued
a) Insufficient Evidence
If Student Judicial Affairs determines that there is insufficient evidence to support a charge of violation of the Code, charges against the accused student will not be pursued.
b) Notification
Instead of pursuing charges against a student that has allegedly violated the Code, Student Judicial Affairs may issue a written notification to a student that his or her alleged behavior may have violated University policy, campus regulations or the Code and that, if repeated such behavior will be subject to the disciplinary process. The Notification does not result in a formal disciplinary record and may be issued without conducting a formal hearing. However, in order to enhance the sanction, the prior alleged behavior as detailed in the Notification may be introduced in a subsequent disciplinary action for the purpose of establishing that the student has been warned about such behavior.
2. Case Charged
a) Notice of Charges
The written notice of charges advises the student of: the University Policy or campus regulation the student is charged with violating; the factual basis for the charges including, wherever possible, the date, time, and location of the alleged offense; a statement that the student may be accompanied by an advisor at any stage of the disciplinary proceedings at his or her own expense; the opportunity to meet with a staff member of Student Judicial Affairs to discuss resolution of the charges pursuant to 'Informal Resolution of Charges' of this Code; the right to a hearing to contest the allegations; and Student Judicial Affairs' intent to proceed to hearing unless the student meets with Student Judicial Affairs staff and informally resolves the charges. Click here for a Timeline of the disciplinary process.
Notice to student organizations will be addressed 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.
b) Advisory Review Committee
Student Judicial Affairs may seek the advice of an Advisory Review Committee with respect to pursuing or charging a case or with sanctioning pursuant to an informal resolution. Hearing panels may also seek the advice of an Advisory Review Committee for the purpose of determining an appropriate sanction. This committee will also conduct any hearings required in connection with an Interim Suspension (See 'Interim Suspension'). Advisory Review Committees will be formed on an as-needed basis from the members of the Committee on Student Conduct and will include three members: the faculty chair or faculty chair designate, one student and one staff member. Advisory review committee members responsible for making decisions related to pursuing or charging a case will not be seated on the hearing panel for that case.
C. Resolution of Charged Cases
Students may choose to resolve their cases either informally through meetings with Student Judicial Affairs staff or formally through the hearing process. In either case, a student may request a copy of his or her own disciplinary file from Student Judicial Affairs. Student Judicial Affairs must provide a copy within three days of such requests. The release of such information may be subject to limitations imposed by state and federal law. (See Berkeley Campus Policy Governing Disclosure of Information from Student Records for further information.)
1. Informal Resolution of Charges
a) Student Judicial Affairs Informal Resolution
Students charged with Code violations are offered the opportunity to meet with Student Judicial Affairs to resolve their case without a formal hearing. Cases may be resolved informally if the charged student, at any time prior to the hearing, admits violating the Code as charged or otherwise accepts an informal resolution. Informal resolutions generally include sanctions as described in 'Disciplinary Sanctions' combined with enhancements such as community service, additional educational requirements, written assignments, etc. If the Student Judicial Officer and the student reach a mutually acceptable agreement regarding sanctions, no hearing will be held. A student agreeing to an informal resolution must understand that by accepting the informal resolution he or she is waiving his or her rights to a hearing and any further appeal. If no agreement is reached, the matter will proceed to a hearing. (See also 'Faculty Resolution of Academic Violations')
b) Faculty Informal Resolution of Academic Violations
(1) Generally
Faculty members may choose to informally resolve incidents of academic misconduct or may refer such complaints to Student Judicial Affairs. All faculty dispositions will be reported to Student Judicial Affairs, either for adjudication (as described in 'Resolution of Charged Cases' or for record-keeping purposes. If the student has a prior history of misconduct at the University, Student Judicial Affairs may adjudicate the matter after consultation with the instructor or faculty member.
(2) Initial Investigation
Instructors or faculty members attempting to settle academic matters will discuss allegations of academic misconduct with the student directly and, if appropriate, others involved in the suspected academic violation. If the student maintains innocence of the violation and the instructor or faculty member determines that no such violation occurred, he or she may cease investigating the complaint.
(3) Faculty Determined Disposition
If, upon discussion, the student admits the violation, the instructor may impose an appropriate academic sanction after confirming with Student Judicial Affairs that the student has no prior history of academic misconduct. If the student does not admit to the academic misconduct or consent to the sanction proposed by the faculty member, the matter will be adjudicated through Student Judicial Affairs. Academic sanctions may only be imposed by faculty members and include but are not limited to resubmitting assignments and grade adjustments. Faculty members may not impose sanctions as listed in 'Disciplinary Sanctions' (page 18). All faculty dispositions will be reported to Student Judicial Affairs for record-keeping purposes.
(4) Referral to Student Judicial Affairs
If the instructor or faculty member is unable to, or elects not to resolve the complaint with the student, he or she will report the alleged violation to Student Judicial Affairs.
If the student, in discussion with the instructor or faculty member, maintains innocence of the alleged violation and the instructor or faculty member believes a violation did occur, he or she will report the alleged violation to Student Judicial Affairs. If a student is found responsible for academic violations of the Code academic sanctions may be imposed by the faculty member (see 'Faculty Determined Disposition') and non-academic sanctions imposed by Student Judicial Affairs or the hearing panel. (See 'Disciplinary Sanctions')
When an instructor or faculty member reports an alleged academic violation to Student Judicial Affairs, a course grade of "I" (Incomplete) will be noted on the grade sheet pending resolution of the allegation. When the alleged violation is reported to Student Judicial Affairs, it will be handled as outlined in section 'Resolution of Charged Cases' (page 7).
(5) Notice of Final Disposition
The instructor or faculty member will, in all cases, be informed of the disposition of the allegations by Student Judicial Affairs to the extent permitted by applicable law and University policy.
2. Formal Hearing Process
Cases will be heard by hearing panels comprised of members of the Committee on Student Conduct unless resolved informally (see 'Student Judicial Affairs Informal Resolution') through either Student Judicial Affairs or a faculty disposition (see 'Faculty Informal Resolution of Academic Violations'). Both the student and the Office of Student Judicial Affairs will have an opportunity to present witnesses to the hearing panel for questioning and cross-examination (see 'Presentation of Evidence'). The student may request a copy of his or her disciplinary file at any time in order to prepare for a hearing. Student Judicial Affairs must provide copies within three days of such requests. The release of information pursuant to this section may be subject to limitations imposed by state and federal law. (See 'Berkeley Campus Policy Governing Disclosure of Information from Student Records').
a) Pre-Hearing Conference
The chair or chair designate of the Committee on Student Conduct will conduct a pre-hearing conference with the charged student and Student Judicial Affairs to discuss evidence and procedure in the hearing.
(1) Exchange of Evidence
Prior to any hearing the student and Student Judicial Affairs will provide the chair of the Committee on Student Conduct with copies of all evidence to be presented in the hearing. Early access to these materials allows the hearing panel to review the facts of the case and prepare questions for witnesses. The student and Student Judicial Affairs will also have access to this information in advance of the hearing in order to prepare.
Student Judicial Affairs
No later than five days before the hearing Student Judicial Affairs must provide the chair of the Committee on Student Conduct with two copies of: 1) the student’s disciplinary file including all documentary evidence to be presented at the hearing; 2) a list of witnesses to be presented in support of the charges; and 3) a brief written report summarizing the facts of the case to be heard. (Click here for Guidelines for summary reports) If Student Judicial Affairs wishes to argue any pre-hearing evidentiary or procedural matters, a written summary of such matters must also be included. The release of information pursuant to this section may be subject to limitations imposed by state and federal law. (See 'Berkeley Campus Policy Governing Disclosure of Information from Student Records').
Charged Student
No later than five days before the hearing the charged student must provide the chair of the Committee on Student Conduct with two copies of: 1) a list of witnesses to be presented in support of the student; and 2) documentary evidence to be presented at the hearing. The student is encouraged to also include two copies of a written summary of the facts of case. (Click here for Guidelines for summary reports) If the student wishes to argue any pre-hearing evidentiary or procedural matters, a written summary of such matters must also be included.
The chair of the Committee will keep one copy of all submissions and provide the other to the student and Student Judicial Affairs, respectively. Any evidence received by the accused student or Student Judicial Affairs after compliance with the rules regarding the exchange of evidence described above, will be provided to the other party as soon as possible prior to the hearing. Any evidence received within five days of the hearing will be admissible at the discretion of the chair or chair designate of the Committee on Student Conduct.
(2) Procedural Matters
The chair or chair designate of the Committee on Student Conduct will review arguments and rule upon any procedural questions that arise prior to the hearing.
b) The Hearing
Disciplinary hearings will be held when the case is not resolved informally. Student Conduct hearings begin within 45 days from the date the notice of charges was mailed to the charged student by Student Judicial Affairs. Written notice of the date, time, and location of the hearing will be sent to the student via certified or registered mail at least ten days before the hearing. (See 'Notice'
(1) Presentation of Evidence
Hearings are not conducted according to formal rules of procedure and evidence. Unless otherwise determined by the hearing panel, Student Judicial Affairs will present witnesses and other evidence in support of the charges first and the charged student will present witnesses and evidence thereafter. All witnesses brought before the hearing panel will be questioned first by the members of the panel.
Once the hearing panel has completed it’s questioning, Student Judicial Affairs and the student will each be given the opportunity to ask any remaining questions for purposes of either direct or cross-examination. The student must choose one of the following methods for all follow-up questioning: either 1) all follow-up questions are asked by the student and the Judicial Affairs Officer, or 2) all follow-up questions are submitted by the student and Student Judicial Affairs to the panel in writing as they arise during the course of the hearing. No later than three days prior to the hearing, the student will elect their questioning method in writing. The student’s choice of questioning method is also binding upon Student Judicial Affairs and applies throughout the hearing. The student and Student Judicial Affairs will each be given an opportunity to make both opening and closing statements. (Click here for FAQs about the hearing process)
(2) Rulings during the Hearing
The hearing panel will rule on all questions of procedure and evidence, including but not limited to the order of presentation of evidence, admissibility of evidence, applicability of regulations to a particular case, and relevance of testimony. If a challenge arises concerning the constitutionality or legality of an application of any such regulations or policies to a particular case, the hearing will continue and the challenge may be submitted by the hearing panel in writing to the Vice Chancellor for Student Affairs, who will seek legal advice from the Office of Legal Affairs.
(3) Question and Answer
No person is required to testify against him or herself in any disciplinary proceeding. Testimony is admissible when the opposing party is afforded the right to confront and a reasonable opportunity to cross examine the witness. See 'Presentation of Evidence'. However, if a witness is unavailable or declines to attend, the hearing panel will determine whether written or other recorded statements of such witness will be admitted.
(4) All Evidence Presented at the Hearing; Hearings in Absentia
The hearing panel’s decision will be based only upon evidence introduced at the hearing in the presence of the charged student unless the student: (a) fails to appear after appropriate notice has been given or (b) otherwise waives his or her right to be present. Neither the charged student nor Student Judicial Affairs may communicate information regarding the merits of the case or its disposition to the hearing panel without the other party being afforded an opportunity to respond. However, if the student does not appear at the hearing, the hearing panel may choose to proceed in the student’s absence and the decision of the hearing panel will have the same force and effect as if the student had been present.
(5) Burden of Proof
Student Judicial Affairs bears the burden of proving the charges by a preponderance of evidence. A preponderance of evidence is generally defined as 'greater than 50%' or alternatively 'more likely than not.'
(6) Admissibility of Evidence
Admissible evidence is the sort upon which responsible persons are accustomed to rely in the conduct of serious affairs, and is not restricted to evidence admissible under the strict rules of evidence of a court of law. The hearing panel will not consider evidence that it determines has been obtained by fundamentally unfair means.
(7) Prior Discipline Record
The hearing panel will take into account the student’s prior discipline record, if any, only for purpose of determining an appropriate sanction unless the hearing panel considers the information to be relevant to the charges.
(8) Evidence in Cases of Sexual Assault or Rape
The privacy interests of the parties will be considered by the hearing panel in making decisions about the introduction of evidence. In cases involving allegations of sexual assault or rape, testimony regarding an individual's sexual history and practices will be admitted into evidence only when the hearing panel determines that it is directly relevant to the claims and essential to fair resolution of the matter.
c) Hearing Panel’s Recommendation and Dean of Students’ Decision
The hearing panel’s decision will be memorialized in a report that includes findings of fact and a determination of whether the student has violated the Code of Student Conduct. The hearing panel will also recommend to the Dean of Students specific sanctions to be imposed if it finds the student in violation of the Code. A copy of the report prepared by the hearing panel will be sent by U.S. mail to the student and delivered to the Dean of Students and Student Judicial Affairs within ten days of the hearing.
Based upon the findings of the hearing panel and the panel’s recommendation for sanctioning, the Dean of Students will determine the sanction to be imposed. A written statement of the Dean of Student’s final decision on sanctioning will be sent by U.S. mail to the accused student within ten days of receiving the hearing panel’s report.
d) Recommendation to Revoke Degree Previously Conferred
(1) If the hearing panel determines that a student has committed an act of academic dishonesty or fraud affecting the acquisition of his or her degree, the Dean of Students may forward a recommendation that the degree be revoked to the Committee on Courses of the Academic Senate. A Notice of Intent to Recommend Revocation of Degree will be sent via U.S. mail to the accused student with the written statement of decision, as described in 'Hearing Panel’s Recommendation and Dean of Students’ Decision'.
(2) The Dean of Students’ recommendation will not be forwarded to the Committee on Courses until expiration of the time to file a written appeal as described in 'Appeal of the Hearing Panel and Dean of Students’ Decisions' (page 12), or until determination that the appeal by the Vice Chancellor for Student Affairs has been completed.
(3) The Committee on Courses makes the final decision as to revocation of the degree. This determination is not appealable to the Vice Chancellor for Student Affairs as described below in section 'Appeal of the Hearing Panel and Dean of Students’ Decisions' (page 12).
e) Consolidation of Hearings
Cases in which more than one student is charged with violating the same Code section(s) and which depend on common evidence may, at the discretion of Student Judicial Affairs, either be considered jointly in a single consolidated hearing or be assigned to separate, individual hearings. All charged students must waive their rights to confidentiality before the hearing may be consolidated. See Berkeley Campus Policy Governing Disclosure of Information from Student Records.
f) Record of the Hearing
Student Judicial Affairs will make an official recording of the hearing, a copy of which must be made available to the accused student upon request. The student may, at his or her own expense, use the services of a professional stenographer during the hearing.
g) Hearings Generally Closed to the Public
Hearings are closed unless the accused student and the hearing panel mutually agree to open the hearing to the public. The student must submit a written request for a public hearing to the chair of the hearing panel seven days in advance of the scheduled hearing date. If the request for an open hearing is denied, the chair of the hearing panel will provide a rationale in writing. In a consolidated hearing, all accused students must waive their rights to confidentiality and to a closed hearing before it may be opened to the public. In all hearings, accused students may have a non-participating observer present. The hearing panel may close any hearing to the public when necessary to maintain order or to protect the rights of the participants including the privacy rights of student witnesses. In cases concerning allegations of sexual misconduct or other allegations involving important privacy interests, the hearing panel may close a hearing upon determining that the privacy rights of a party or witness may otherwise be jeopardized.
D. Appeal of the Hearing Panel and Dean of Students’ Decisions
Appeals of the hearing panel and the Dean of Students’ decisions must be addressed to the Vice Chancellor for Student Affairs or his/her designee.
1. Timeline for the Appeal
Within ten days of the mailing of the written notification of the Dean of Students’ final decision, either the charged student or Student Judicial Affairs may submit a written appeal to the Vice Chancellor for Student Affairs or his/her designee. When such an appeal is timely submitted by a party, the Vice Chancellor must promptly send a copy of the appeal to the other party. Within five days of receiving the copy, the other party may submit a written response to the Vice Chancellor.
2. Suspension of Sanctions Before the Appeal
The filing of a timely appeal suspends the imposition of sanctions until the appeal is decided, but interim action may be taken as determined by the Dean of Students. Grades or degrees may be withheld pending conclusion of the appeal.
3. Basis for Appeal
An appeal must be based on newly discovered evidence that was not available at the time of the hearing, significant procedural error, or upon other evidence or arguments which, for good cause, should be considered.
4. Final Determination of Appeal
The Vice Chancellor for Student Affairs, or his/her designee, will make the final determination of all cases appealed under these regulations. Except in cases where the appeal is based upon newly discovered evidence, the Vice Chancellor or his/her designee will review the record of the hearing and will not consider evidence that was not part of that record, other than the student's prior discipline record, if any. The Vice Chancellor for Student Affairs or his/her designee may approve, reject, or modify the decision and sanction in question, or require that the original hearing be re-opened. Where the appeal is based upon new evidence, the case may be referred back to the hearing panel for further consideration. The action taken will be communicated in writing to the student and Student Judicial Affairs within fifteen days after receipt of the appeal and related documents.
III. Definitions
A. Student
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 his or her official enrollment; or
c) former students for offenses committed while a student.
B. Notice
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 U.S. mail to the address provided by him or her to Student Judicial Affairs, the address most recently filed with the Registrar’s office, or at the permanent address of record. It will be conclusively presumed that written notice to a student organization has been furnished if the notice is sent by U.S. mail to the address provided by the student organization to Student Judicial Affairs or the address most recently filed with the Office of Student Life or sponsoring department.
C. Student Organization
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.
D. Days
The term 'days' is defined as the normal business day and does not include Saturdays, Sundays, legal holidays or University designated administrative holidays. With the mutual consent of the student, Student Judicial Affairs and the hearing panel, hearings may be held outside of normal business hours, on Saturdays, Sundays or administrative holidays. Timelines set forth in this document may be extended in unusual circumstances as determined by the Dean of Students.
E. Committee on Student Conduct
1. Composition of Committee
The Committee on Student Conduct consists of ten members: four students; two staff members, two faculty members, a faculty chair designate and a faculty chair. One undergraduate student is nominated by the recognized student government and one graduate student is nominated by the Graduate Assembly. Two 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 or faculty chair designate. Hearings may be heard by a quorum of three members of the Committee on Student Conduct so long as the faculty chair or chair designate and one student are included on the panel. Students may voluntarily waive the quorum requirement and have their case heard by fewer than three panel members. The faculty chair is responsible for final determinations related to seating a hearing 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.
IV. Jurisdiction
A. Generally
These provisions govern student conduct on, or as it relates to University property, or at official University functions and University-sponsored programs conducted away from the campus. University property is defined for purposes of this Code as all land, buildings, facilities or other grounds or structures, or any item in possession of or owned, used, maintained or controlled by the University or designated by the campus as subject to these policies, including the International House. University property also includes computers and network systems owned, maintained or controlled by the University or funded by University budgets or designated by the campus as subject to these policies.
B. Off-Campus Conduct
1. The Geographic 'Box'
Student conduct that occurs off University property but within the geographic area immediately adjacent to the campus is subject to the Code. This includes all property bounded by Virginia Street on the north, Shattuck Avenue on the west, and Derby Street on the south. The eastern boundary, as it runs from north to south, is comprised of La Loma Avenue, Gayley Road, Prospect Street (between Orchard Steps and Dwight Way) and Warring Street, and includes property situated along both the east and west sides of said streets.
2. Other Off-Campus Conduct
Student conduct that occurs off University property and not within the area described in 'Geographic Box' (page 15) and 'Conduct on Other UC Campuses' (page 15) is subject to the Code where it a) adversely affects the health, safety, or security of any member of the University community, or the mission of the University, or b) involves academic work or any records, or documents of the University.
In determining whether or not to exercise jurisdiction over such conduct, Student Judicial Affairs will consider the seriousness of the alleged offense, the risk of harm involved, whether the victim(s) are members of the campus community and/or whether the off-campus conduct is part of a series of actions that occurred both on and off University property.
3. Conduct on Other UC Campuses
A student at one campus of the University, who is accused of violation of University policies or campus regulations on another campus of the University, or at an official function of that campus, shall be subject to the disciplinary procedures of either the former or the latter campus as agreed by designees of both campuses. The imposition of any recommendations for disciplinary sanctions arising from these procedures must be reviewed and approved by both campuses before the sanctions are imposed.
V. GROUNDS FOR DISCIPLINE
The Chancellor may impose discipline for the commission or attempted commission (including aiding or abetting in the commission or attempted commission) of the following types of violations by students (as specified by University Policy 100.00), as well as such other violations as may be specified in campus regulations:
102.01 Academic Dishonesty
All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty.
102.02 Other Dishonesty
Other forms of dishonesty including but not limited to fabricating information, bribery, furnishing false information, or reporting a false emergency to the University.
102.03 Forgery
Forgery, alteration, or misuse of any University document, record, key, electronic device, or identification.
102.04 Theft
Theft of, conversion of, destruction of, or damage to any property of the University, or any property of others while on University premises, or possession of any property when the student had knowledge or reasonably should have had knowledge that it was stolen.
102.05 Electronic Resources
Theft or abuse of University computers and other University electronic resources such as computer and electronic communications facilities, systems, and services. Abuses include (but are not limited to) unauthorized entry, use, transfer, or tampering with the communications of others, and interference with the work of others and with the operation of computer and electronic communications facilities, systems, and services.
Use of University computer and electronic communications facilities, systems, or services that violates other University policies or campus regulations.
102.06 Unauthorized Conduct
Unauthorized entry to, possession of, receipt of, or use of any University services; equipment; resources; or properties, including the University’s name, insignia, or seal.
102.07 University Housing
Violation of policies, regulations, or rules governing University-owned, -operated, or -leased housing facilities or other housing facilities located on University property.
102.08 Physical Abuse
Physical abuse including but not limited to rape, sexual assault, sex offenses, and other physical assault; threats of violence; or other conduct that threatens the health or safety of any person. (See Berkeley Campus Student Policy and Procedures Regarding Rape and Sexual Assault or the Berkeley Campus Policy on Sexual Harassment and Complaint Resolution Procedures for further information).
102.09 Sexual Harassment
Sexual harassment, as defined in University policy (see Section 160.00 UCOP Policy on Sexual Harassment and Complaint Resolution Procedures). Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when:
A student who is also an employee of the University makes submission to such conduct, either explicitly or implicitly, a term or condition of instruction, employment, or participation in other University activity over which the student has control by virtue of his or her University employment; or
A student who is also an employee of the University makes submission to or rejection of such conduct a basis for evaluation in making academic or personnel decisions affecting an individual, when the student has control over such decisions by virtue of his or her University employment; or
Such conduct by any student has the purpose or effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities.
In determining whether the alleged conduct constitutes sexual harassment, consideration will be given to the record of the incident as a whole and to the totality of the circumstances, including the location of the incident and the context in which the alleged incidents occurred. In general, a charge of harassing conduct can be addressed under these Policies only when the University can reasonably be expected to have some degree of control over the alleged harasser and over the environment in which the conduct occurred.
102.10 Stalking
Stalking behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family; where the threat is reasonably determined by the University to seriously alarm, torment, or terrorize the person; and where the threat is additionally determined by the University to serve no legitimate purpose.
102.11 Harassment
Harassment by a student of any person. For the purposes of these policies, ‘harassment’: (a) is the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities; (b) must target a specific person or persons; and (c) must be addressed directly to that person or persons.
Prior to applying this provision of policy to any student conduct, the campus is required to consult with the Office of General Counsel regarding its proper interpretation and application in light of the specific circumstances.
102.12 Hazing
Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person. (See Statement on Hazing for further information).
102.13 Obstruction of University Activities
Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities.
102.14 Disorderly Conduct
Disorderly or lewd conduct.
102.15 Disturbing the Peace
Participation in a disturbance of the peace or unlawful assembly. (See Berkeley Campus Regulations Implementing University Policies for further information).
102.16 Failure to Comply
Failure to identify oneself to, or comply with the directions of, a University official or other public official acting in the performance of his or her duties while on University property or at official University functions; or resisting or obstructing such University or other public officials in the performance of or the attempt to perform their duties.
102.17 Controlled Substances
Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, identified in federal and state law or regulations.
102.18 Alcohol
Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations.
102.19 Destructive Devices
Possession, use, storage, or manufacture of explosives, firebombs, or other destructive devices.
102.20 Weapons
Possession, use, storage or manufacture of a firearm or other weapon.
102.21 Disciplinary Actions
Violation of the conditions contained in the terms of a disciplinary action imposed under this Code or campus regulations.
102.22 Notice of Emergency Suspension
Violation of the conditions contained in a written Notice of Emergency Suspension issued pursuant to Appendix II ('Emergency Suspension') of this Code or violation of orders issued during a declared state of emergency (see University Policy section 52.00).
102.23 Course Materials
Selling, preparing, or distributing for any commercial purpose course lecture notes or video or audio recordings of any course unless authorized by the University in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a student is a violation of these Policies whether or not it was the student or someone else who prepared the notes or recordings.
Copying for any commercial purpose handouts, readers or other course materials provided by an instructor as part of a University of California course unless authorized by the University in advance and explicitly permitted by the course instructor or the copyright holder in writing (if the instructor is not the copyright holder).
102.24 Camping or Lodging
Camping or lodging on University property other than in authorized facilities.
102.25 Other Policies or Regulations
Violation of any other University policy or campus regulation.
VI. DISCIPLINARY 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 and seriousness of the violation.
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, normally in the form of Disciplinary Probation, and/or Loss of Privileges and Exclusion from Activities, Suspension, or Dismissal.
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.
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. 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. 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 or from other specified activities or areas of the campus, as set forth in the Notice of Interim Suspension, before final determination of an alleged violation. A student will be restricted only to the minimum extent necessary 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, the duration of the Interim Suspension, and the opportunity for a prompt hearing on the Interim Suspension. Interim Suspension will be reviewed by the Chancellor within twenty-four hours. If the Interim Suspension is not upheld by the hearing panel the University is committed to a policy whereby reasonable efforts are taken to assist an individual who has been disadvantaged with respect to employment or academic status.
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') 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(f) Other Actions
Other appropriate action, including, but not limited to additional academic assignments.
105.11(g) 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.
VII. MISCELLANEOUS
A. MAINTENANCE OF DISCIPLINARY AND ACADEMIC RECORDS
1. University Policy, State and Federal Law
Disciplinary 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.
2. 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 Judicial Affairs for a period of at least five years from the date of the letter providing notice of final disciplinary action, unless otherwise determined by the Dean of Students.
3. 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.
B. Threats to Health and Safety/Disruptive or Illegal Activity
1. 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 disciplinary 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.
2. 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 for further information).
C. Application of the Code
Discipline 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.
D. 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 Office of Student Life in 102 Sproul Hall, and at the Office of the Vice Chancellor for Student Affairs, 130 California Hall.
APPENDIX I: RELATED CAMPUS POLICIES AND REGULATIONS
The following list has been compiled for the convenience of members of the campus community in identifying policies, procedures, directives, bulletins, and definitions that are related to these regulations. All are available at the Office of Student Life, 102 Sproul Hall, and at the Office of the Vice Chancellor for Student Affairs, 130 California Hall.
1. Berkeley Campus Policy Governing Disclosure of Information from Student Records
2. Berkeley Campus Policy Governing Student Dances
3. Berkeley Campus Policy Governing the Promotion of Alcoholic Beverages and Tobacco Products on the Campus and at Campus Sponsored Events
4. Berkeley Campus Policy on Sexual Harassment and Complaint Resolution Procedures
5. Berkeley Campus Procedures for Implementing Section 626 of the State Penal Code
6. Berkeley Campus Regulations Implementing University Policies
7. Berkeley Campus Student Grievance Procedure
8. Berkeley Campus Student Policy and Procedures Regarding Rape and Sexual Assault
9. Guide to Student Living in the Residence Halls
10. Guidelines for University Recognition of Individual Chapters of the Interfraternity Council and the College Panhellenic Association
11. Computing and Communications Policies, Governance
12. Policy Governing the Placement of Administrative Blocks (document available from the Office of the Registrar)
13. Policy on Student Disruption of Teaching, Research, Administration or University Activities Due to Extreme Emotional or Dangerous Behavior
14. Policy on the Use of University Names and Seals and Trademarks
15. Policy Statement Concerning Public Nudity and Sexually Offensive Conduct
16. Statement on Hazing
APPENDIX II: EMERGENCY SUSPENSION
During a state of emergency, Chancellors or their designated representatives are empowered to impose Emergency Suspension on any student, faculty member, or employee when there is a reasonable cause to believe:
1. The individual has participated in a disturbance of the peace or unlawful assembly, or has acted in violation of the campus emergency orders, has committed an act of physical violence or has threatened to commit such an act, or has committed a theft or has damaged property; or
2. The individual's presence on campus will lead to violation of campus emergency orders, violence, intimidation, damage to property, or other disruptive activity incompatible with the orderly operation of the campus.
If Emergency Suspension is imposed by a designated representative of the Chancellor, such representative shall immediately inform the Chancellor and submit a written report on the action to the Chancellor as soon as is reasonably possible. The report must contain a description of the person suspended, including the person's name and, if available, address and phone number, and a statement of the facts giving rise to the suspension. If the Chancellor does not affirm the action of the designated representative within twenty-four hours after being informed that the suspension has been imposed, the suspension will be deemed void and a reasonable effort will be made to inform the person who was suspended that the suspension is void.
Any individual placed on Emergency Suspension will be given written confirmation of the suspension, either by delivering it to the individual personally or by mailing it to the individual's last known address of record. The confirmation will inform the individual of the procedures by which the validity of the Emergency Suspension can be appealed, including the opportunity to obtain a special hearing on the Emergency Suspension in accordance with applicable campus procedures. If an individual is found to have been unjustifiably placed on Emergency Suspension, the University is committed to a policy whereby reasonable efforts are taken to assist an individual who has been disadvantaged in employment or academic status.
The outcome of the appeal will have no bearing on University disciplinary proceedings arising from the conduct which gave rise to the Emergency Suspension.
Any individual placed under Emergency Suspension shall not, during the period of suspension, enter upon specified areas of the campus or engage in specified activities, as set forth in the written Notice of Emergency Suspension. The exclusion or restriction will be limited to the minimum extent necessary to protect the health and safety of persons or property, or to maintain the orderly operation of the campus.
Violation of any condition set forth in the Notice of Emergency Suspension will subject the individual to disciplinary proceedings based upon such violation.
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