Student Conduct Code
| Policy Administrator: Vice President for Student Affairs
Authority: Title 5, Article 2, Student Conduct, Section 41031, EO 1043
Effective Date: October 15, 2010
Index Cross-References: Student Conduct Procedures
Policy File Number: STU-0116
STUDENT CONDUCT CODE
Explanation of Title 5, Article 2, Student Conduct
Section 41031, Expulsion, Suspension and Probation of Students. Following procedures consonant with due process established pursuant to Section 41301, any student of a campus may be expelled, suspended, placed on probation, or given a lesser sanction for one or more of the following causes which must be campus related:
Unacceptable Student Behaviors
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
- Furnishing false information to a University official, faculty member, or campus office.
- Forgery, alteration, or misuse of a University document or one of its auxiliaries.
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
- Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
- Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus or an off-campus University related activity.
- Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
- Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
- Hazing, or conspiracy to haze, as defined in Education Code Sections 32050 and 32051: "Hazing" includes any method of initiation or pre-initiation into a student organization, or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any student or other person attending any school, community college, college, university or other educational institution in this state; but the term "hazing" does not include customary athletic events or other similar contests or competitions.
- A group of students acting together may be considered a 'student organization' for purposes of this section whether or not they are officially recognized. Neither the express or implied consent of a victim of hazing, nor the lack of active participation while hazing is going on is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
- Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
- Use, possession, manufacture, of distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
- Theft of property or services from the University community, or misappropriation of University resources.
- Unauthorized destruction or damage to University property or other property in the University community.
- Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, or other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or during a University related activity.
- Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file, for any purposes.
- Unauthorized transfer of a file.
- Use of another’s identification or password.
- Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University Community.
- Use of computing facilities and resources to send obscene, intimidating, or abusive messages.
- Use of computing facilities and resources in violation of copyright laws.
- Violation of a campus computer use policy.
- Violation of any published University policy, rule, regulation or presidential order.
- Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
- Any act chargeable as a violation of federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
- Violation of the Student Conduct Procedures, including:
- Falsification, distortion, or misrepresentation of information related to a student discipline matter.
- Disruption or interference with the orderly progress of a student discipline proceeding.
- Initiation of a student discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student discipline matter.
- Attempting to influence the impartiality of any participant in a student discipline matter.
- Verbal or physical harassment or intimidation of any participant in a student discipline matter.
- Failure to comply with the sanction(s) imposed under a student discipline proceeding.
- Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
Application of this Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether is occurs on or off campus. Nothing in this Code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
Procedures for Enforcing this Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
Student Conduct Procedures
Approved by Alexander Gonzalez, President
October 15, 2010