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The mission of the judicial process at University of the
Pacific is to promote a safe, respectful academic community
by determining in an appropriate manner issues of possible violations
of the Student
Conduct Code; to provide students with the opportunity to
develop into citizen leaders by giving them a central role in establishing
student
judicial policy and adjudicating cases; and, when appropriate,
to offer violators of the code an opportunity to learn from a fair judicial
process
and develop into responsible community members.
The Code identifies the general standards of student behavior,
which are essential to the University’s educational mission
and its community life. The Code is applicable to all
University students, including but not limited to, undergraduate
and graduate
students at all Schools and Colleges. Students are also
responsible, and will be held accountable, for the conduct
of their guests while
the latter are at a University location or facility and/or
participating with the student host in a University-related
activity.
Interpretations of Regulations
The Code is set forth in writing in order to give students
general notice of prohibited conduct. The provisions of the Code are
to be read broadly and are not designed to define prohibited conduct
in exhaustive terms.
The student judicial process is applicable to all University
students, including undergraduate, professional and graduate
students. The jurisdiction of the process extends to behaviors by students
and students’ guests that occur on or adjacent to any of the
three campuses or at any University-operated program, premises or
facility, including study abroad programs, internships, athletic
events and campus trips, and any other activity occurring in the
scope of or fairly related to the students’ relationship with
the University. Issues which arise solely from student
employment with the University and which do not otherwise
affect the student
relationship with the University are not cognizable by
the student judicial process but by University Human
Resources.
Not withstanding any other provisions of the Code, the
University reserves the right to take any action, which in its judgment
is necessary and appropriate to protect the safety and well being
of the campus community.
Students are asked to assume positions of responsibility
in the student judicial system so that they might contribute their
skills and insights toward the resolution of judicial cases. However,
final authority in judicial matters is vested in the appropriate
officers of the University administration, as designated below.
The focus of the inquiry in judicial proceedings will be
to determine if the individual charged (“respondent”)
is responsible or not responsible for violation of the
Code. Formal rules of evidence will not be applicable,
nor will asserted violations
from procedures necessarily invalidate a decision or
proceeding, unless there is significant prejudice to
the respondent or to the
University and a different outcome would have been likely.
Processes under this Code are independent of any governmental
criminal proceedings that are or may become applicable
to the behavior at issue. The determinations of governmental authorities
will not
necessarily be dispositive of the outcome of the student
judicial process. Likewise, the University student judicial system decisions
are not intended to affect decision by governmental authorities.
Students subject to criminal charges and violations of
this Code
may assert their Fifth Amendment privilege during judicial
proceedings. No inference will be drawn because of the student’s
assertion of this constitutional privilege. However, the matter will be
determined
on the basis of the evidence available to the University
judicial body or officer.
The burden of proof will be such that the respondent will
not be presumed guilty and his/her responsibility must be established
to the satisfaction of the judicial body or officer by a preponderance
of the evidence.
The judicial system will communicate with all students
via campus and/or U.S. mail. Students will be held accountable for
retrieving their mail in a timely manner. Failure to do so is not
an acceptable excuse for delaying the judicial process.
Student groups and organizations may be charged with the
violation of any section of the Code or violation of any policies
and procedures included in Tiger Lore. A student group or organization
and its officers may be held collectively or individually responsible
for violations of the Code by those associated with the group or
organization who has received the actual or implied authorization
or ratification of the group, organization, its leaders, officers
or spokespersons. The officers, leader or any identifiable spokesperson
for a student group or organization may be directed by the Vice President
of Student Life or a designee to take appropriate action designed
to prevent, cease or remedy violations of this Code by the group
or organization. Sanctions for group or organization violations may
include revocation or denial of registration as well as other appropriate
sanctions, pursuant to part V (K) of this Code.
One or more of the following sanctions may be imposed for
a violation of the Code. Factors to be considered in determination
of the appropriate penalty may include any one or more of the following:
the judgment of the judicial body or officer as to the severity of
the violation, the behavior of the respondent in the course of the
proceedings under this Code, the past judicial record of the respondent,
the nature of the offense, and the severity of any damage, injury,
or harm resulting from it.
A. Dismissal from the University
The student is permanently separated from the University.
Notification will appear on the student’s academic transcript.
The student will also be barred from University premises.
Dismissal requires review and approval by the Vice President
for Student Life.
B. Suspension from the University
The student is temporarily separated from the University
for a specified period of time, with or without conditions
that must be satisfied before resumption of student status is permitted.
The
record of suspension shall appear on the student’s academic
transcript. The student will not participate in any University activity
and in addition could be barred from University premises. Suspended
time will not count against any time limits of the Graduate School
for completion of a degree. Suspension requires the review and approval
of the Vice President for Student Life. Suspension is converted to
dismissal if it is determined that the specified conditions or resumption
of student’s duties have not been satisfied.
C. Probation
The student is restricted from participating in future
student and University activities on a general or specific basis.
This includes but is not limited to ASUOP Positions, Study Abroad
Programs, Student Advising Positions, Housing Staff, Fraternal Organizations,
and other co-curricular activities. Additionally, the student is
given notice that any further violations of University policy may
result in additional discipline. Notification will be sent to the
appropriate University offices.
D. Termination of Eligibility for, or Relocation within Student Housing
University housing accommodations are a privilege. Students
who demonstrate that they are unable to live in community, due to
severe or repeated violations, may be relocated to another housing
facility or have their housing eligibility terminated. If housing
eligibility is terminated, he/she must vacate housing facilities
and is ineligible for further University housing, including during
the summer, for a designated period of time or for an indefinite
period of time.
E. Ineligibility for Graduation
A respondent, otherwise eligible to earn an academic degree
and participate in related commencement proceedings, as to whom there
are pending Code proceedings which, in the judgment of the Vice President
for Student Life, present a realistic possibility of dismissal, shall
not be eligible to receive the degree or participate in commencement
proceedings until judicial proceedings are completed.
F. Restitution
The student is required to make payment to the University
or to other persons, groups, or organizations for damages incurred
as a result of a violation of this Code. Restitution must be made
within 30 days unless otherwise determined by the Judicial Board
or Hearing Officer.
G. Restriction
The student is restricted from entering a specific area
or areas on campus for an indefinite or for a specified period of
time.
H. Community Service/Educational Project
Community work, work on campus, research projects, educational
class or other appropriate learning experiences may be assigned by
the Hearing Officer or Judicial Review Board.
I. Disciplinary Warning
The student is given an oral or written warning that future
violations will result in more severe judicial action. A record shall
be made of any oral warning.
J. Other Sanctions
Hearing officers and judicial boards retain the right to
impose additional or related sanctions according to the specific
needs of a situation.
A. Director of Judicial Affairs
The Director serves as the primary administrator of the
student judicial process. The director trains and advises administrative
hearing officers, student advocates, and judicial review board members;
maintains judicial files and related evidential information; with recommendations
from academic council and student leadership organizations appoints
individuals to serve on review boards and evaluates their ability to
serve without prejudice; and, completes a statistical summary of cases
to the University each semester and conducts regular reviews of University
student codes.
B. Student Advocates
Student Advocates are faculty or staff members. The student
advocate informs respondents about the judicial review
process and the respondent’s rights and responsibilities as it relates
to that process; and may, at the request of the respondent,
communicate for the respondent regarding his/her choice to a hearing by
a single
hearing officer or a review board. Advocates do not advise
or represent the student as to the specifics of the incident under investigation.
C. Hearing Officers and Judicial Review Boards (Adjudication Venues)
Hearing Officers, typically student life or athletics administrators
and/or faculty members, serve as a venue to adjudicate allegations
of student code violations.
Judicial Review Boards may also serve as
a venue to adjudicate allegations of student code violations.
Review boards are comprised of five people – three
students, one faculty and one administrator as the advisor.
Fraternal organizations involved in alleged violations
of University or specific
fraternal policies will be subject to adjudication by the
Greek Judicial Review Board (GJRB). The GJRB will consist
of three students, at least
two of which will be members of Greek Council, one faculty
and one administrator. A student serves as the chair,
convener and administrator
of the hearing. Board members serve a one academic year
term with continuation subject to approval of the Vice
President for Student Life (VPSL).
In the event of a vacancy, the VPSL appoints a replacement.
Hearing officers or review board members who are respondents in proceedings
under this Code or in governmental criminal proceedings are temporarily
ineligible from judicial review board service until those proceedings
are resolved with finality. The Judicial Director may assign the matter
to a different hearing officer or review board in the event of a vacancy
or disqualification of a hearing officer or review board member.
D. Judicial Appeal Committees
Judicial Appeal Committees considers appeals of the decisions
of hearing officers or review boards. The VPSL appoints appeal committee
members following recommendations from the academic council and student
leadership organizations. An appeals committee is comprised of three
student members, one faculty and one staff member. Members serve
a one-year term. Members may be reappointed for additional terms
not to exceed four consecutive years. Prior to appeal deliberations
committee members participate in a judicial orientation session offered
by the Division of Student Life. Committee members charged with any
violation of the Code or with a criminal offense may be disqualified
from any further participation in deliberations by the Judicial Director.
Reports of alleged conduct violations should be submitted
to the Director of Judicial Affairs. Persons submitting
information are required to provide an incident report with information
pertinent
to the case. Alleged violations of Housing policies,
Athletic policies, or Campus Recreation policies will be adjudicated by
the designated
hearing officer or hearing board for that area. All other
alleged violations or Housing, Athletic or Campus Recreation violations
that
may result in a change in student’s university status will
be referred to the Office of Judicial Affairs for adjudication.
A hearing is convened provided that sufficient
evidentiary information suggests a code violation may
have occurred. If a hearing is warranted,
a charge letter will be issued to the respondent(s) from
the appropriate office. A hearing is a meeting between
the student(s) cited on an incident
report (“respondent”) and a hearing officer or review board.
The following violations will be adjudicated by a Judicial
Review Board:
1) Academic honesty violations
2) Student organization event violations
3) Fire Safety violations
4) Repeated violations of any policy
In most other instances, the student may elect from a choice
of hearing venues – either 1) a hearing officer or 2) a review
board. However, the VPSL, at their discretion, may choose
venue in certain instances.
The following procedures are applicable to hearings before a hearing
officer or review board:
1. The hearing officer, review board, judicial director and the respondent
have the right to request attendance of witnesses in person.
2. Hearings are private.
3. Hearing officers or review boards will exercise control
over the hearing to avoid needless consumption of time and to prevent
the harassment or intimidation of witnesses. Any person, including
the advisor, who disrupts a hearing or who fails to adhere to the rulings
of a hearing officer or review board may be excluded from the proceedings.
4. Decisions of a hearing officer or review board must
be in writing and include a summary of findings, decision, and sanctions(s).
Summaries should be sufficiently detailed to permit review on appeal.
5. The student may challenge the designation of a hearing officer
or review board member for cause. The judicial director will determine
if the challenge is valid. If a challenge is valid, the charge will
be referred to another review board or hearing officer.
6. Witnesses will be asked to affirm that their testimony
is truthful and, if false testimony is given, witnesses may be subject
to charges for student code violation.
7. Witnesses, other than the respondent, may, at the discretion
of the hearing officer or review board, be excluded from the hearing
during the testimony of other witnesses.
8. Except as herein provided, formal rules of evidence
and discovery will not be applicable; however, prior to the hearing,
the respondent will be entitled to review all relevant documents in
the possession of the Director or Judicial Affairs.
8. Respondents may be afforded the opportunity to question
those witnesses who testify at the hearing.
9. Written statements may not be admitted into evidence
unless signed by the witness and witnessed by a University employee
or by a person designated by the VPSL. An advance copy of written statements
must be furnished to the respondent.
Respondents are accorded the following procedural protection:
1. A written notice of charges, a copy of the Student Conduct
Code, and a scheduled hearing with a hearing officer or review board.
Students who fail to appear after proper notice will be deemed to
have accepted responsibility for the charges against them and to
submit to sanctions.
2. A hearing during which the hearing officer or review
board reiterates the nature of the alleged violation, including the
time, date, and place where it is alleged to have occurred. Respondents
have the opportunity to hear and to respond to the evidence submitted.
3. The hearing officer or review board will also explain
the judicial process and the fact that the hearing may become part
of a file relating to the case.
4. Reasonable access to the case file prior to and during
the hearing, including a summary of the evidence supporting the charge(s).
Respondent(s) must make this request in writing.
5. The respondent, the hearing officer or review board
may utilize the assistance of an advisor during a judicial hearing.
This individual may provide advice and counsel, but may not speak on
behalf of, or otherwise represent the respondent, board or officer
during judicial procedures. The following provisions apply to advisors:
i. Current students, faculty, or staff may act as an advisor.
Off-campus individuals and those with no affiliation to the University
may not act as advisors. Current faculty or staff may not act as advisors
to family members who are respondents.
ii. Respondents who wish to have the assistance of an advisor must
inform the Judicial Director in writing at least two days prior to
the scheduled hearing date. Advisors may not appear in lieu of the
student.
6. Respondents may request the attendance of witnesses. The Judicial
Director must be notified prior to the hearing that the respondent
plans to call witnesses. In order to appear at the hearing these witnesses
must have information relating to the case.
7. A sanction will be levied if the hearing officer or
review board determines that the respondent is responsible for the
violation. If not, the charge will be dismissed.
8. A written statement of the hearing decision will be
sent to the student(s) in a timely manner.
Respondents are to be informed, in writing of his/her rights which
are as follows:
1. To be considered not responsible for a violation unless
responsibility by the student is shown by a preponderance of the evidence.
2. To be given due process as provided in this policy.
3. To be allowed a reasonable time to prepare for a judicial
hearing.
4. To have the right to appeal an adverse decision in accordance
with procedures in this document.
5. To refuse to engage in self-incrimination.
6. To be assured of confidentiality, in accordance with
the terms of the Federal Family Educational Rights and Privacy Act.
7. To be given, upon request, access to the official file
of a record of their judicial proceedings.
Students may appeal recommended judicial sanctions to a
Judicial Appeals Committee. Sanctions may be appealed on the following
grounds:
1. The sanction is grossly disproportionate to the offense.
2. The procedures in this Code were not followed, resulting
in prejudice to the student.
3. New relevant evidence is available that could not have
been produced at the time of the hearing, despite the exercise of reasonable
diligence.
4. The decision is not supported by substantial evidence.
Students must submit a written statement in support of an appeal to
the Judicial Director within three days of receiving the final decision
of the hearing officer or review board. The Judicial Director is responsible
for convening the Appeals Committee.
The Appeals Committee will review the hearing
officer or review board summary of the testimony, findings,
and decision as well as the student’s
appeal statement. The committee may request the hearing
officer, or review board, or the respondent to submit
additional information in
writing or to appear at an appeal meeting. The committee
will give deference to the determinations of the hearing
officer or review board,
and may make one of the following recommendations:
1. Recommended sanctions may be reduced or increased, if found to
be grossly disproportionate to the offense.
2. The case may be referred back to the hearing officer
or review board if specified procedural errors in interpretation of
this Code were so substantial as to effectively deny the student a
fair hearing or if new significant evidence became available which
could not have been discovered by a properly diligent student before
or during the original hearing.
3. The case may be dismissed if the decision is not supported
by substantial evidence.
4. The findings and the sanction imposed by the hearing
officer or review board may be affirmed, reduced, or increased.
A. The Vice President for Student Life (VPSL) or a designee
may preliminarily suspend a student pending hearing and
decision, if he/she determines that student’s presence on campus
poses a threat of harm to the student, to others, or to the stability and
continuance of normal University functions. A suspended
student will
be given an opportunity to appear in person before the
VPSL or a designee within three days of the effective interim suspension
date.
B. Hearing officer, review board, or an
appeals committee decisions regarding a suspension or
dismissal will be reviewed by the VPSL, or
the President’s designee in the absence of the Vice President;
whose decision will be final and binding unless the President
chooses to review the matter. This final decision may withdraw,
modify, defer,
suspend or confirm the decision and sanction.
C. The imposition of sanctions will normally be deferred during the
appeal process, unless otherwise decided at the discretion of the VPSL
or his/her designee.
E. Victims of violent crimes on campus will, on request, be notified
of the results of the related judicial hearing. A violent crime is
defined as an offense which uses, attempts to use, or threatens to
use physical force or a significant risk of the use of physical force
against another.
Referrals may result in the development of a student judicial
file, which will be sealed if the student is found not
responsible for the charges. Files of students found responsible for code
violations
will be retained as a judicial record for five year’s following
that student’s graduation. Files may be retained for longer
periods or permanently, if so specified in the sanction.
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