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CHAPTER VI: STUDENT CONDUCT AND DISCIPLINE

  1. Student Rights

    1. Procedural Due Process

      Students who are subject to University discipline shall be afforded procedural due process which is a basic principle underpinning the proper enforcement of University policies and campus regulations. The primary purpose of any University disciplinary proceeding is to determine the guilt or innocence of the accused student. Deviations from the established procedures shall not invalidate a finding of the hearing body, unless there is a showing that the deviation that the deviation significantly affected the result. It is recognized that the University faculty, staff, and students are principally engaged in the business and pursuit of education, and are not legally trained personnel. As such they should be guided more by principles of fairness and common sense than by formal rules of evidence or procedure. The Chancellor, or designee, is responsible for determining whether a student accused of violating campus policies or regulations has been treated in a fair and equitable manner, and whether the fundamental precepts of due process were followed. Through the publication of these regulations, the Chancellor has established procedures which are appropriate for adjudicating charges against students while providing a full range of sanctions to ensure appropriate options in response to each case.

    2. Student Grievance Procedures

      Students who feel their rights have been violated shall have access to grievance procedures which will provide them opportunities to resolve their grievances.

      1. The following grievances may be resolved through procedures outlined in the Campus Policies and Procedures Manual. Additional information on student grievance procedures may be found in Sections 91.00 through 93.00 of University of California Policies Applying to Campus Activities, Organizations, and Students (Part A).

        1. Violations of the privacy rights accorded by the Federal Family Educational Rights and Privacy Act of 1974 (P-1710) and the California Donahoe Higher Education Act set forth in the Education Code section 67100 et seq.

        2. Discrimination based on sex as covered in Title IX of the Education Amendments of 1972 (P-1520).

        3. Discrimination based on handicap as covered under Section 504 of the Rehabilitation Act of 1973 (P-1520).

        4. Discriminatory practices based on race, color, or national origin as defined in Title VI of the Civil Rights Act of 1964 (P-1520).

        5. Discriminatory practices based on sexual orientation as defined in Appendix C, ``Nondiscrimination Statement,'' of University of California Policies Applying to Campus Activities, Organizations, and Students, (Part A).

      2. Procedures for resolving grade-related grievances are covered under regulation A25 (contested grades) of the Academic Senate Manual. The provisions of this regulation are included in the UCSB General Catalog.

      3. One form of sex discrimination is sexual harassment. A policy prohibiting sexual harassment and providing a grievance procedure specifically for this form of discrimination has been developed. Copies of this procedure may be obtained at the office of the Vice Chancellor, Student Affairs.

      4. Procedures for resolving grievances against an instructor which fall outside the above mentioned areas shall be as follows. The student should report the incident immediately, in writing, to the department chairperson, which a copy to the Dean of the College concerned. If the department chairperson determines the issue to be substantial, s/he will notify the Dean of the College concerned, and the appropriate Academic Senate officers. The Academic Senate officers may be requested to designate a committee to investigate the matter and recommend further action. If the department chairperson believes that no action is necessary or if it is a matter that s/he can handle administratively, s/he will respond to the student, in writing, with a copy to the Dean of the College. If the student is not satisfied with the response, s/he can appeal in writing to the Dean of the College concerned.

      5. Procedures for resolving grievances against non-instructional personnel--staff, administrative officers, and management--which fall outside the above listed areas are as follows:

        The student should immediately report the incident, in writing, to the offending party's immediate supervisor with a copy to the department manager. The supervisor will review the information and determine whether s/he should take appropriate corrective action or refer the matter to the department manager. In either event, the supervisor/manager will insure that appropriate staff personnel practices for resolving such grievances are used. The supervisor/manager will provide a written response to the student outlining the actions taken. If the student is not satisfied with this response s/he may appeal the response of the supervisor/manager in writing to the appropriate Vice Chancellor.

      6. The process for resolving allegations of harassment against students begins by reporting the incident to the office of the Dean of Students. A preliminary investigation into the circumstances of the incident in question will then be conducted. Depending on the findings of the preliminary investigation, the Dean of Students may attempt informal resolution of the matter as provided for in section D.1.d.(1)(b) of these policies.

        Alternatively, one of the following courses of action may be taken:

        1. The investigation may be dropped and no charges filed;
        2. The case may be reviewed in the light of other related University policies (e.g., discrimination) and referred appropriately;
        3. The student may be charged with violating Section 51.17 (``fighting words'' provision) and/or other appropriate sections of the Campus Regulations Applying to Campus Activities, Organizations, and Students.
The above is excerpted from the January, 1991 revision of the University of California, Santa Barbara Campus Regulations Applying to Campus Activities, Organizations, and Students. That document is available from the Office of the Dean of Students (893-4467).
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Notice: This is official University of California, Santa Barbara information. Please read the Policies and Procedures regarding this server. Comments & questions are encouraged; please send mail to webmaster@ucsb.edu.
Author: Harry Nelson, hnn@charm.physics.ucsb.edu
Last modified: Monday, 17-Oct-95 18:42 PDT.