STUDENT CODE OF CONDUCT

Student Code of Conduct can be viewed online.

In order to carry on its work of teaching, research, and public service, the University has an obligation to maintain conditions under which the work of the University can proceed freely. This is done in accordance with the highest standards of quality, institutional integrity, and freedom of expression and with full recognition by all concerned of the rights and privileges, as well as the responsibilities, of those who comprise the University community. Each member of the UCSC community shares the responsibility of maintaining an environment conducive to the achievement of the University’s purpose.

The University’s standard of conduct consists of system-wide policies, campus regulations, and individual College rules. The Chancellor has delegated authority to the Provosts, College Administrative Officers, Dean of Graduate Studies and Research, and Vice Chancellor of Student Affairs or their designees to impose discipline for violation of these policies, regulations, and rules.

Student Conduct Process

Philosophy of Discipline

Knowledge of the student conduct process begins with a student’s arrival to campus. You are expected to know the information in this handbook, as well as the campus policies outlined in the Student Policies and Regulations Handbook and the Terms and Conditions of Undergraduate Housing 2011-12. Students are held accountable for this information, so it is each student’s responsibility to read and fully understand the campus rules and regulations. These community standards are designed to support the learning environment for every member of our University community.

For students living on campus, the residential staff is another component of the student conduct process. Staff including Community Safety Officers (CSOs), Resident Assistants (RA) and Coordinators for Residential Education (CRE) work together to communicate and model the standards of behavior.

Standards of Proof and Preponderance of Evidence

It is important to remember that the University is not a court of law. Therefore, when adjudicating a possible violation of college or university rules and regulations, college officials will utilize what is called preponderance of evidence. Simply stated, preponderance takes into account the evidence available of both sides of a case and makes a judgment in favor of the evidence which is more convincing and makes the most sense.

College Staff members take an educational approach to the judicial process. They seek to work with and educate students about the importance of following community standards and college policies to insure a safe environment for all. The educational process includes explaining expectations of student conduct and the reasons why the policies and procedures exist so that students will be aware of the repercussions of their actions.

The judicial process is a cumulative one. This means when a student is involved in a policy violation, all previous violations and judicial interactions are taken into account when determining the sanctions or outcomes of the situation. Repeated disciplinary violations may lead to cancellation of a student’s housing contract, exclusion from the college, warnings, suspension or dismissal from the University.

Sanctions

In concurrence with the student conduct process students found responsible for conduct violations will find themselves at some level of discipline in the conduct system, and they may be required to fulfill an educational sanction and/or pay monetary restitution. Sanctions are issued to help educate students about the rationale behind the policy they violated and to make them think about the possible consequences of their actions before repeating a policy violation. Sanctions range in severity from a warning letter to removal from the University. Philosophically, we follow a policy of using educational sanctions rather than simple punitive sanctions or monetary fines, but there are situations where restitution must be made.

Educational sanctions include presenting a program, writing a research paper, or attending an Alcohol and Other Drug workshop. Fines would be levied for vandalism or damage caused to university or personal property, and/or for finable violations (i.e. tampering with fire equipment).

Judicial Process Definitions

• Initial Documentation - Any student, staff or faculty member can submit documentation, generally in the form of an Incident Report (IR), to the Housing and Residential Life Office to report issues of concern or violations of College or University policy.
• Summons - An invitation to discuss incident with Adjudicating Officer (most often a CRE) and contribute to fact finding.
• Fact Finding - An Adjudicating Officer will then proceed with determining finding of fact. This may include meetings with any students, staff or faculty involved in the situation. Additional people may be contacted if information outside the scope of the adjudicating officer is needed (e.g., contacting ITS or ResNet for computing violations).
• Decision - From the information available and using the preponderance of evidence, a determination will be made as to whether or not a person is found responsible for a violation.
• Responsible - If a student is found responsible, then the student will be offered a Voluntary Resolution Agreement that may include University disciplinary sanctions and/or educational sanctions to fulfill. When a student is found responsible s/he may choose to appeal the decision in accordance with the appeal process.
• Appeal - If the student appeals, the case will be reviewed by an Appeal Officer (who will be designated in the decision letter). The Appeal Officer will hear the appeal and may choose to uphold the decision, alter the sanction, or dismiss the case.
• Accept - If the student accepts the decision of the Adjudicating Officer, and completes any assigned sanction, the case is closed.
• Not Responsible - If a student is found not to be responsible, the case is closed, and the student will receive a Case Dropped letter.

Appeal Process

A student may choose to appeal a decision made by a sanctioning body. The appeal must be received by the Appeal Officer designated in the student’s resolution letter in written form within five days of receiving the decision. Only one level of appeal is permitted. Reasons must be based on the following:

1.     Whether there is substantial evidence that contradicts the finding(s) of violation of University policies or campus regulations for which the discipline was imposed.

2.     Whether there is evidence that could not be adduced at the time of the original hearing that is likely to change the result.

3.     Whether there was not procedural fairness at the conduct of the hearing.

4.     Whether the sanction imposed was too harsh given the findings of fact.

Summary

Keep in mind the process is very fluid. Factors affecting the outcome of the process include but are not limited to: severity of the violation, amount of cooperation given to the staff member addressing the violation, willingness to accept responsibility for actions, or the amount of honesty or remorse shown by the person violating the policy. The range of sanction levels includes administrative resolution, warning, censure, or disciplinary probation. However, a student may be asked to leave campus housing for a first offense. There is a great deal of flexibility in the process that is up to the discretion of the Adjudicating Officer. This flexibility does not take away from the student’s right to due process. Students are given: written notice of violations in advance of a meeting with a staff member, the ability to share their information of the incident with the staff member, and the right to appeal the decision.

RESIDENTIAL POLICIES

The following is by no means a complete list. It simply highlights many policies important to residential life. It is the responsibility of each individual to know and abide by the rules, regulations and policies of Cowell College and the University. Any violation of any College and/or University policy can lead to disciplinary action. You may view and read a complete version of the Student Code of Conduct online.

Alcohol Policy

• State law prohibits the sale and consumption of alcoholic beverages by anyone under age 21.
• College policy complements the University policy on alcohol and both support the State law.
• University policy states that alcohol consumption is not allowed in public areas including the courtyard, dining hall, or any outdoor areas.
• Federal and State laws prohibit alcoholic beverages from being sold, furnished, possessed by, or given to any person under the age of 21.
• In addition, no possession or transport of open containers, or consumption of alcoholic beverages will be allowed in public areas by any person, regardless of age or College affiliation.
• Kegs and other “common source” containers holding alcoholic beverages are not allowed on campus. Violation of this policy will result in cancellation of your housing contract and other disciplinary action.
• Alcohol in a “private” area but visible from a public area, is considered “in public” and therefore is a violation of policy. For example, an open residence hall room door makes the room “public” because it is visible from the hall.
• Alcohol is not allowed in rooms/apartments in which all of the residents are under the age of 21. This means that even if you are over 21, you will not be allowed to consume, store, or be in possession of alcoholic beverages in rooms/apartments in which all residents assigned to that space are under the age of 21.
• If over the age of 21, you may store, possess and consume alcohol for personal use. If guests under the age of 21 are present in the apartment or room, alcohol may not be consumed.
• Any Person under the age of 21 found to be under the influence of alcohol is in violation of University Policy.
• No written notices (posters, ads, etc.) may be circulated announcing the availability of alcohol at an event.

Doors

Doors are considered to be part of your room. It is a violation of College policy to put anything on residence hall room doors or apartment front doors. In addition, dismantling, defeating or tampering with the door closing/ locking mechanisms are also prohibited. Students may be subject to disciplinary action and damage charges.

Drug Policy

The University & College adhere to Federal, State & local laws.

• The University strictly prohibits the possession, sale or transportation of any illicit drugs. Violation of this policy will result in judicial action and possible legal action being taken.
• Any person found to be under the influence of any illicit drug is in violation of College and University policy.
• Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, or sale of controlled substances, identified in Federal and State law regulations, is strictly against University policy.

Drug Paraphernalia

Delivering, furnishing, transferring, manufacturing, and possessing drug paraphernalia is strictly prohibited anywhere on the grounds of Cowell College. Drug paraphernalia is defined here as all equipment, material, and products intended for use or designed for use in growing, processing, harvesting, storing, concealing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

Harassment Policy

Physical and verbal harassment will not be tolerated by students, staff or faculty, and is prohibited on the UCSC campus. If any form of harassment occurs, you should notify a staff member immediately. It is the policy of Cowell College and the University that the working and learning environment shall be free of harassment, including any form of sexual harassment. Cowell College and the University will take action to eliminate harassment. For further information on sexual harassment please refer to the Student Policies and Regulations Handbook or contact Rita Walker, Title IX Officer, at 459-2462 or email at . Her office is located at 29 Kerr Hall.

Noise Policy

Noise is any sound, human or otherwise, which is disturbing to a resident. In an effort to provide an atmosphere conducive to studying and group living. Silent Hours are:

• 10pm to 8am on weeknights and Sundays
• 12am to 9am on Fridays and Saturdays

Silent Hours are extended to 24 hours a day during the last two weeks of each quarter in preparation for finals.

Quiet Hours

All remaining hours are designated as Quiet Hours. Residents must assume responsibility for monitoring their own behavior and asking others to practice courtesy if their behavior or noise infringes on one’s right to sleep or study in one’s room, at any time.

Stereos & Amplified/Loud Instruments

No one would want to deny you the pleasure of listening to your favorite music; however, no one wants to be awakened out of a sound sleep by a stereo. Loud playing of stereos and amplified instruments (even drums), is not allowed except for approved events (e.g. dances). Stereo speakers may not be placed in windows facing outside. Any lack of consideration may result in loss of privileges. Please bring headphones. Living in an environment conducive to studying is a resident’s right!

Barbecues

Barbecues are prohibited on all balconies, patios, or within 25 feet of a building.

Pet Policy

In addition to the campus pet policy, no animal, with the exception of fish in a 10 gallon or less tank, are to be taken into or kept in any residential facility. Any resident found to be in possession of an animal, other than above specified fish, shall be subject to appropriate disciplinary action.

Smoking Policy

UCSC is committed to providing a healthy, smoke-free environment for everyone. Smoking is not allowed in any University building, including the residence halls and apartments. No burning of incense is allowed in any residential facility. No smoking is allowed on the porches, balconies, or in stairwells. It is important to know that you are not allowed to smoke within 25 feet of building entrances or air intakes.

Aerial Objects

In order to ensure the safety of all members of the college community and their property, the quad or patio areas, including the apartment common area, are not to be used for play involving ball throwing, water balloons, Frisbees, etc. Residents are responsible for damages or clean-up charges that result from such action.

Roofs and Ledge Areas, Balconies

The unauthorized presence of residents or objects on roof or ledge areas is prohibited at all times. Any items that can fall from balconies and cause personal injury or damage are not to be placed on balconies or railings.

Windows

For safety, throwing anything from or at windows, balconies, or buildings is strictly prohibited. Residents are responsible for damages or clean-up charges that result from this action. To insure your safety, it is prohibited to exit or enter rooms through windows.

Skateboards, Rollerskates, Rollerblades

In order to protect the safety of pedestrians at UCSC, and to comply with noise policies, the use of skateboards, Rollerblades or rollerskates anywhere on campus is strictly prohibited. This campus policy is enforced by the UCSC Police Department. Citations will be issued.

Bicycles, Mopeds and Motorcycles

To comply with fire regulations and for general safety, bicycles may not be parked in walkways, hallways, stairways, or entranceways. Illegally parked bicycles will be impounded at the campus police station. Mopeds and motorcycles must be parked in designated areas. Because they contain flammable liquid, under no circumstances are mopeds and motorcycles allowed in buildings.

Guest Policy

A guest is a student or non-student. A guest is anyone being hosted by residents in rooms or apartments to which the guest is not assigned. A non-student guest must have a hosting UCSC student to be present in residential buildings, rooms or apartments. The hosting individual(s) must be a resident of the room or apartment the guest is staying in. The housing contract limits the stay of any one guest to a maximum of three consecutive days, and a total of fifteen days during any one academic year. The host must have their roommate(s)’ permission before a guest is permitted. It’s also best to notify your RA if you host an overnight guest. Although roommates are encouraged to work out their hosting privileges with one another, the rights of the residents take priority over those of the guest. If your roommate does not want the guest, the guest needs to leave.

Guests must abide by all University and residence hall rules and regulations including but not limited to pets, drug and alcohol, noise, etc. Host students are responsible for their guest and must ensure that they abide by policy and do not interfere with the enjoyment of the residential facilities by other residents. To ensure this, the host student should make every effort to be with the guest whenever possible.

If a guest arrives at UCSC after 8pm, the host must inform the entrance kiosk (831-459-3377) of the guest’s arrival in order for the guest to be allowed on campus.

No overnight guest will be allowed to stay in residence from Tuesday, April 19 through Thursday, April 21, 2011. Limitations and/or restrictions on guest visitation may also be implemented during special occasions or events.

HOUSING AND RESIDENTIAL LIFE

Housing Contract

Pay attention to the provisions of your housing contract. It is a lease agreement and is a binding legal document. The goal of the University is to be a responsible landlord and we expect you to be a responsible tenant in return. Keep your copy of the Terms and Conditions of Undergraduate Housing 2011-12. If you need a copy, pick one up at the Student Life Office.

Cancellation/Modification

All housing contracts are issued for a period of one academic year - not a portion of a year. Students who have signed a housing contract are expected to fully honor the provisions of that contract. Entering into any other housing agreement during the period of your contract will have no effect upon the conditions of the contract, unless specifically agreed to in writing by the student and the University. The contract may be terminated for academic reasons, (graduation, withdrawal, change of college, study abroad/field quarter) or on an exceptional basis. All cancellations of Housing Contracts are not automatic unless approved by the college. If your request for cancellation is denied by the college, you may request a review by the Housing Appeal Board. Cancellation will result in a $500 cancellation-processing fee if the request is approved.

Payments

The Campus Housing Office at 104 Hahn Student Services Building handles all housing payments. They can help you establish a payment plan if quarterly payments pose a financial burden. They can be reached at (831) 459-2394.

Meal Plans

Meal Plans are required by your housing contract. You may upgrade your plan at any time. If you want to change your meal plan for the next quarter you may during the Filing Periods in November and February. Any other modifications may be approved for medical or financial reasons only.

Quarter Breaks

The period of residence between fall and winter quarters is not covered by your housing contract.

Residents are able to stay during spring break. Residents who have canceled their contracts for the end of one quarter must move out at the end of that quarter. Dining services are closed during quarter breaks and the Thanksgiving holiday weekend.

Roommates

The Cowell Housing Staff does all it can to produce the best roommate matches possible. Tools we offer for healthy community living are a Roommate Agreement and Household Living Agreement Forms. These forms are a starting point for discussion and a space to come to agreements.

Conflicts between roommates do still occur. Many can be avoided through discussion. If conflict arises: talk with your roommate(s) and review or renegotiate agreements. Ask a member of the residential staff for ideas on addressing the issues or ask the residential staff to help you and your roommate(s) through a mediated discussion.

Room Changes

The College expects roommates to make positive attempts to resolve issues including a mediation with staff. If all members involved (including staff) are unable to resolve conflicts, you may go to the Housing and Residential Life Office to pick up a Room Change Request Form. Depending on available spaces and urgency, staff will relocate you as possible. Please note that during Fall quarter housing is usually full and it may be difficult to change rooms. As the academic year progresses, there is more flexibility.

At all times, Cowell College reserves the right to change your room assignment at the University’s discretion. If room consolidation is necessary, students are expected to welcome new roommate(s). Please refer to the Terms and Conditions of Undergraduate Housing 2011-12 for more information.

Room Condition

Your room will be your home for the next nine months. Our expectation is that your room be left in the same condition as it was when you moved in. Review the Room Condition Report in your room. Return the signed form to a Residential Staff member. This report will be used to compare the condition of your room when you leave, to the condition of it when you moved in. The Room Condition Report is for your protection and you will be thankful you filled one out. Apartment residents are required to also fill out an Apartment Condition Report. Apartments are inspected for general cleanliness and safety on a quarterly basis, while residence hall room s are inspected for safety over the winter break.

Check Out

All residents will be checked out by a member of staff. They will inspect the room with the resident and do an initial damage assessment. Residents will return keys upon completion of check out. Improper check out (including missed appointment or checking out late) will result in a $50 fee. The maintenance staff expends a considerable amount of time and energy to keep Cowell College as nice as possible and to keep housing costs as low as possible. It’s also up to the residential community to support these efforts.

Charges

Repairs due to damages to college or university property, whether accidentally or intentionally, are billed to the students. Charges for damages are based on the cost of the material and labor needed to repair damage. Missing furniture from rooms or common spaces is considered theft and billed for. (For lock-out charge information, see Safety and Security.) PDFs of the current cleaning and repair charge amounts are posted on the University Housing website.