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Student FAQ's

I just received a letter from the Office of Student Conduct, what is the process?

If you have received a notification from our office, please follow the instructions denoted in your letter closely in order to schedule a meeting. Please wait for confirmation of your appointment before arriving, walk-ins are difficult to grant depending on staff availability.

At the time of your meeting, we will seek information regarding the circumstances of the incident from your point of view. We will also answer any questions you have about your rights, due process, possible sanctions, appeals, etc.

At the end of the appropriate fact finding process, a decision is made as to whether the student is responsible for the student conduct code sections cited in the original letter. The University uses the preponderance of evidence standard as the measure by which a decision is made.

Does the Office of Student Conduct offer any support or advice for students going through the conduct process?

If you are experiencing any distress regarding this process, please know that students can receive free and confidential counseling at Counseling and Psychological Services (CAPS). Counselors are available for same-day walk-in appointments during business hours. The CAPS building is located across from Storke Tower. Additionally, you can speak to a counselor after hours—24 hours a day, seven days a week—by calling 805-893-4411. That same number can be used during the day to set up an appointment at CAPS.

You can also meet with a social worker at Student Health if you are interested in finding a counselor off campus or need services at Student Health. They can help connect you with either, and it is free to meet with them as well. They can be reached by calling 805-893-3087.

Additionally, Conduct  Process Advisors (CPAs) are volunteer staff members from UCSB who are trained to assist students going through the conduct process. You will be given the option of working with a CPA if a hearing is scheduled.

Can I be charged with a violation of the Student Conduct Code for something that happened off campus?

Yes. Jurisdiction of campus regulations can be extended off-campus to include: physical abuse, threats of violence, arson-related offenses, or any conduct that threatens the health or safety of any persons including DUI; sexual harassment; stalking; or hazing.

Do I have to attend my hearing?

No, but it is strongly recommended. Even if you do not attend, your hearing will be held in your absence, and a sanction will be determined based on the preponderance of the evidence available.

Do I need to hire a lawyer?

Students have the right to obtain legal counsel if they are charged with a violation of the Student Conduct Code, however, the advisor may not speak on behalf of the student at a hearing. Students must represent themselves. The role of the attorney or advisor is therefore limited to assistance and support of the student in making his/her own case.

The Office of Student Conduct must be notified at least three (3) working days prior to the hearing if the student will be accompanied by an attorney or advisor.

Will I be dismissed from the University?

Sanctions depend on the severity of the offense. They can range from University Warning to Dismissal from the University. For more information about sanctions, refer to the Campus Regulations (http://www.sa.ucsb.edu/regulations).

Individuals found responsible for violating University policies or regulations may receive the following sanctions:

      Warning

Written notice to the student that continued or repeated violations of specified policies or regulations may be cause for further disciplinary action.

 

      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.

      Loss of Privileges and Exclusion from Activities

Specific exclusions or loss of privileges will be at the Dean’s discretion and will be for a specified academic term or terms.

      Suspension

Termination of student status for a specified term or terms.

      Dismissal

Termination of student status for an indefinite period. Students who are dismissed may not return to the UC System without the express permission of the respective Chancellor.

 

What if I don’t agree with my sanctions? Can I appeal?

Yes. Appeals must be made within 10 working days of the date on your sanction letter. The student's appeal may request that the sanctions be reduced or eliminated or that the case be referred back to a committee for further hearing. Any such appeal must specify in detail one or more of the following alleged conditions: lack of substantial bases of fact to support the sanction (invoked or proposed), incongruity of sanction with the offense, unfairness in the proceedings, or newly discovered important evidence not known at the time of the hearing. For more information about appeals, refer to the Campus Regulations (http://www.sa.ucsb.edu/regulations)

Will a sanction from UCSB affect me after I graduate?/Expungement Requests

Sanctions of suspension or dismissal will be noted on your academic transcript (suspensions will be noted only for the term of your suspension), and will be reported as requested by graduate programs and employers. Conduct records from University housing are generally not reported. 

Discipline records are kept for five years, seven years if the incident was also a Clery crime, and fifty years for any disciplinary action resulting in dismissal.

Any schools or companies to which you give permission to inquire about your records will be notified that you have a conduct record. Graduate schools may request records, as can government agencies as part of hiring practices. A student may submit a written request for record expungement at approximately two years from the date of the imposition of the sanction or upon graduation from the University, whichever comes first.

What does the process for submitting a request for record expungement look like?

As a part of this process, you must write a letter to the Student-Faculty Committee on Student Conduct (SFCC) or designee (e.g., a hearing officer), who will review your written request as it relates to your student conduct record.The Committee or designee will vote to determine whether to expunge your record earlier than the five-designated years. If they approve, your record will be purged immediately. If they deny your request, it will remain on record. If the latter is the case, you may submit a new request each quarter. These requests are reviewed by the Committee after scheduled hearings and you will receive a letter from the Office of Student Conduct noting the Committee’s/designee’s decision.

Who has access to my records?

The Office of Student Conduct maintains the confidentiality of student records in accordance with FERPA (Family Educational Rights and Privacy Act). In cases involving acts of violence, the complainant may be notified of the outcome of the judicial proceedings, when appropriate. Otherwise, no information will be released without the written consent of the student whose file is in question, or by a court order or subpoena.

I am the victim of a crime such as sexual assault, harassment, dating or domestic violence or stalking, and I want to report it. What should I do? What if it occurred off campus?

If you are the victim of any of these types of incidents and the threat is immediate, call 911. Once you are safe, you may do the following:

  •  Call the CARE Advocacy line at (805) 893-4613 to speak with a confidential advocate who can explain your reporting options and offer support and assistance with any campus accommodations or legal actions (protective orders, evidence exams, etc.).
  • Report to law enforcement (UCPD for on-campus incidents, Isla Vista Foot Patrol for incidents occurring in Isla Vista).
  • Report to the Office of Equal Opportunity, Sexual Harassment, and Title IX Compliance (OEOSH/TC) (3rd Floor of Phelps Hall) for University investigation. You may report both on and off-campus incidents to OEOSH/TC. Some incidents occurring off campus may be considered for investigation, if they fall under the following categories: Section 102.08 (physical abuse and threats of violence, including sexual assault), Section 102.09 (sexual harassment), Section 102.10 (stalking), and Section 102.12 (hazing) of the Campus Regulations. The University will determine whether or not to exercise off-campus jurisdiction on a case-by-case basis.

Will my parents/guardians be notified that I have been charged with a violation of the Student Conduct Code?

The Family Educational Rights and Privacy Act (FERPA) prohibits us from disclosing information about university charges to parents unless the student allows it. We may discuss a case with your parent or guardian if the student signs a FERPA waiver, but we encourage you to talk to your student directly about the case.

Can a parent or guardian be present during my hearing?

Students may request to have their parents at their hearing, however, parents may not represent their student.  Parents may assist students in preparing a defense, and they may be allowed to make a short statement if the Chair of the committee allows and if there is time. The Chair has the authority to limit testimony if he/she finds it irrelevant or redundant.