Student Conduct & Health

Academic Dishonesty

1. Academic dishonesty includes such things as cheating, inventing false information or citations, plagiarism and helping someone else commit an act of academic dishonesty. It usually involves an attempt by a student to show possession of a level of knowledge or skill that he/she does not possess.
2. Course instructors have the initial responsibility for detecting and dealing with academic dishonesty. Instructors who believe that an act of academic dishonesty has occurred are obligated to discuss the matter with the student(s) involved. Instructors should possess reasonable evidence of academic dishonesty. However, if circumstances prevent consultation with student(s), instructors may take whatever action (subject to student appeal) they deem appropriate.
3. Instructors who are convinced by the evidence that a student is guilty of academic dishonesty shall assign an appropriate academic penalty. If the instructors believe that the academic dishonesty reflects on the student’s academic performance or the academic integrity in a course, the student’s grade should be adversely affected. Suggested guidelines for appropriate actions are: an oral reprimand in cases where there is reasonable doubt that the student knew his/her action constituted academic dishonesty; a failing grade on the particular paper, project or examination where the act of dishonesty was unpremeditated, or where there were significant mitigating circumstances; a failing grade in the course where the dishonesty was premeditated or planned. The instructors will file incident reports with the Vice Presidents for Academic Affairs and for Student Affairs or their designees. These reports shall include a description of the alleged incident of academic dishonesty, any relevant documentation, and any recommendations for action that he/she deems appropriate.
4. The Vice President for Student Affairs shall maintain an Academic Dishonesty File of all cases of academic dishonesty with the appropriate documentation.
5. Students may appeal any actions taken on charges of academic dishonesty to the Academic Appeals Board.
6. The Academic Appeals Board shall consist of faculty and at least one student.
7. Individuals may not participate as members of the Academic Appeals Board if they are participants in an appeal.
8. The decision of the Academic Appeals Board will be forwarded to the President of CI, whose decision is final.

(SP02-01)

Alcohol at CI

Accountability

For students: The Dean of Students; for staff: the Associate Vice President for Human Resources Programs; for faculty: the Associate Vice President for Faculty Affairs; for campus events and visitors: the University Police Department.

Applicability

All CI students, faculty, staff, tenants, and visitors, on-campus organizations, and off-campus sponsored organizations and events. This policy does not apply to University Glen residential areas. This policy does not supersede any provision within any CSU collective bargaining agreement.

Definition(s)

Alcoholic Beverage — Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Sale — The exchanging of any consideration, either directly or indirectly, for an alcoholic beverage. The term “sale” also includes the imposition of any admission charge to, or any other charge for the event at which alcoholic beverages will be served exclusively to those who pay such charge. The term “consideration”, as used above, includes money or tickets.

University Property — Any real property, land, facility, or annex property thereof, which is owned, leased, licensed, rented, used, or otherwise controlled by the University.

University-Sponsored Event — Any event, meeting, conference, party, or gathering that is conducted on University property or that is conducted or sponsored off campus by the University, or by a component thereof, or by an official, employee, or agent thereof, acting in his/her capacity as such, or by any club, team, or organization that is permitted to use the name of the University or that is officially affiliated with the University. Off-campus University-sponsored events typically include events funded by the University or the Foundation, or activities offered for academic credit to students.

Appropriate University Official — President, Provost, Vice Presidents, Deans, Directors and Police Officers.

Residence — Any leased apartment or dwelling space on University property (including but not limited to balconies, adjacent sidewalks, parking lots and yards).

Resident — Any person who rents, leases, or resides in a residence.

Student Housing Consumption Zone — Any apartment where all occupants have completed the required Alcohol Education Program, met with the Assistant Director of Housing and Residential Education or designee and has been granted full alcohol privileges.

Text

The intent of this policy is neither to encourage nor to endorse the use of alcoholic beverages, but to describe the permitted and prohibited use of alcoholic beverages on campus. The University is committed to maintaining an environment that is predominantly free of the use of alcoholic beverages and in full compliance with federal and state laws and CSU System-wide mandates and directives. Students, employees, or visitors who violate laws or University policies concerning alcoholic beverages shall be subject to criminal prosecution and/or institutional sanctions. Such sanctions may include behavioral probation, suspension, or termination/expulsion. For discipline, in case of conflict between this policy and any CBA, the language of the CBA is controlling.

Authorization for the Possession, Sale or Distribution of Alcoholic Beverages

An individual or group may not possess, consume, sell or distribute alcoholic beverages on CI property without the written approval from the President or designee.

On-campus Events

• Any sale, furnishing, use, or consumption of an alcoholic beverage in violation of state or federal law and/or CSU System-wide mandates and directives is prohibited.
• No minors shall be permitted to consume alcoholic beverages at any time. No person under twenty-one (21) years of age shall be in attendance where alcoholic beverages are being sold, furnished, used or consumed unless specific control procedures to prevent service to and consumption by minors is actively employed.
• Attendance at an approved event where alcohol is allowed shall be limited to members of the sponsoring organization and their invited guests. The event shall not be advertised or publicized as an event where alcoholic beverages are to be served.
• The University Chief of Police must be notified in advance of any event where 100 or more people are expected and alcohol is served.
• The sponsoring organization in charge of the approved event where alcohol is used or consumed is responsible for ensuring mechanisms are in place to comply with all applicable laws, regulations, University policies and procedures.
• No resident of Housing and Residential Education, 21 years of age or older, may possess or consume alcoholic beverages within his/her own residence, until the resident obtains alcohol privileges and the room has been designated as a Designated Consumption Zone (DCZ). Residents who have alcohol privileges may only exercise them in their own apartments/suites, or in apartments/ suites which have received authorization from Housing and Residential Education. Guests to Housing and Residential Education must have a resident host at all times. The resident is responsible for ensuring that their guest abides by all laws and policies, including the alcohol policy contained herein. Residents or guests under the age of 21 are not allowed to be present in a DCZ when alcohol consumption is taking place. This restriction does not apply to non-student employees of CI residing in Housing and Residential Education.
• Consumption of alcoholic beverages in a public area is prohibited, except where alcohol at an event is approved in advance by the President or the President’s designee.
• Intoxication in any area of the University is prohibited.

Off-campus Events

• Any sale, furnishing, use or consumption of an alcoholic beverage, at any off-campus event sponsored by a registered/recognized student club or organization without prior approval by the President or designee is prohibited.
• Intoxication by any member of a University registered/recognized student club or organization at any University-sponsored off-campus event is prohibited.

Enforcement of the Policy on Alcohol

• On campus, the CI Police Department exercises police powers in enforcing state laws regarding alcoholic beverages. Violators may be referred to the District Attorney for prosecution. In addition to requesting prosecution under appropriate laws, the University may impose its own sanctions on the students and University employees consistent with the terms of the applicable collective bargaining agreement or Title 5 of the California Code of Regulations.
  Violation of the University Alcohol Policy by students for on and off-campus University events will be referred to the Dean of Students.
• Violation of the Housing and Residential Education alcohol policy as outlined in the Resident ABC Manual will be referred to the Assistant Director for Residential Education or his/her designee. Some alcohol violations in Housing and Residential Education may also be referred to the Dean of Students for adjudication through the University judicial process.
• Violations of University Alcohol Policy will be strictly enforced.

Marketing and Sales of Alcoholic Beverages

• CSU Chancellor’s Office Executive Order No. 966 prohibits the sale of alcoholic beverages at any athletic event held in University owned or operated facilities and limits alcohol advertising to beer and wine on California State University campuses in compliance with policy guidelines consistent with the “Guidelines for Beverage Alcohol Marketing” distributed by the National Inter-Association Task Force on Alcohol Issues, a higher education coalition dedicated to the responsible use and advertising of alcoholic beverages.

(SA.03.003)

Animal Control

The complete policy text can be found on the CI website at http://policy.csuci.edu/FA/30/FA.30.002.htm.

(FA.30.002)

Drug-Free Campus and Workplace

Accountability

Applicability

All students, faculty, staff, volunteers, members of the public, student assistants and vendors contracting with CI including temporary employees and others who perform work for the benefit of CI.

Definition(s)

Controlled Substances — Controlled substances are those substances defined in schedules I through V of the Controlled Substances Act, 21 U.S.C. §812, and by regulation at 21 C.F.R. §1308.

Illegal Substances — Illegal substances are controlled substances listed in the Controlled Substance Act which are obtained illegally.

Legal Substances — Legal substances are (1) controlled substances that are prescribed or administered by a licensed physician or health-care professional; (2) over-the-counter drugs; and (3) alcoholic beverages.

Text

California State University Channel Islands is committed to providing a safe, healthy and productive work and academic environment for all its employees and students. Consistent with its concern for the well-being of its faculty, staff and students, it is the policy of the University to maintain a work and academic environment free from drug and alcohol abuse. The unlawful manufacture, distribution, dispensation, possession, sale, offer to sell, purchase, offer to purchase and/or unlawful use of controlled substances* or alcohol on the CI campus or its offsite locations, or as any part of its activities, is prohibited. Controlled substances include, but are not limited to, marijuana, heroin, cocaine, LSD, and amphetamines. In addition, employees are required to remain free from the influence of controlled substances or alcohol while on duty.

As a condition of employment, all employees of the California State University Channel Islands (this includes faculty, staff and students) are required to comply with this policy. CI employees who violate this policy will be subject to disciplinary action up to and including discharge for cause. For those employees covered by a Collective Bargaining Agreement (CBA), the terms of the CBA shall be controlling.

An employee who is convicted of a criminal drug statute violation occurring in the workplace must, within five (5) calendar days after the conviction, notify CI of such conviction by informing Human Resources Programs at (805) 437-8425 or (805) 437-8490.

Persons who are not employees of California State University Channel Islands, but who volunteer or perform work at the CI for its benefit (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects at CI, etc.) are required to comply with this policy. Violation of this policy is likely to result in being barred from the workplace even for a first offense.

Counseling
Employee and Student Assistance Program

The primary focus of the CI’s substance abuse prevention program is education and counseling. As part of this program, CI will continue to provide educational workshops for faculty, staff, and students, which will address the medical, health, psychological, social and legal ramifications of illicit drug and alcohol use. CI’s Employee Assistance Program (offered through Optum Health at Confidential Phone Number at: 1-800-234-5465) and Student Counseling Programs will continue to provide information, evaluation, counseling and referral services to students of CI seeking help with personal, emotional, substance abuse, or chemical dependency problems. To take advantage of these resources, contact the appropriate office listed below:

CI recognizes drug and alcohol dependency as treatable conditions and offers employee and student support programs for individuals with substance dependency problems. Employees are encouraged, but not required, to seek assistance for drug and alcohol related problems through the confidential counseling provided through Optum Health. Students may seek assistance from the Personal Counseling Services or the Student Health Center. The staff of Personal Counseling Services and the Student Health Center will assist students with identifying appropriate treatment resources and will refer them to counseling, treatment or rehabilitation programs, as appropriate. Information obtained regarding a student or employee during participation in any related program will be treated as confidential.

Students can reach the CI Student Counseling Center at (805) 437-8510

Drug and Alcohol Awareness Program

CI has established and will maintain a drug and alcohol awareness program to educate employees and students about:

1. CI’s substance abuse policy;
2. The dangers of drugs and alcohol in a work and academic environment;
3. Employee and Student Assistance Programs; and
4. Disciplinary action that may be imposed on employees for violations of this policy. (In the case of represented employees, the terms of the CBA prevail in matters of discipline).

On an annual basis, CI will distribute to all faculty, staff and students a copy of this policy.

You are encouraged to read carefully the following Substance Abuse Policy. This policy applies to all members of the CI community consistent with the requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. As a member of the CI community, you are expected to comply with all aspects of this policy.

If you have any questions regarding the policy or resources available, please feel free to contact the following individuals:

CI Sanctions

CI will impose sanctions on individuals and/or organizations that violate this policy. These sanctions will be consistently enforced and penalties will depend on the severity of the offense. Penalties can include termination from CI and referral for prosecution for the most serious violations of the law and this policy. Disciplinary action may be invoked entirely apart from any civil or criminal penalties that the employee might incur.

(FA.31.010)

Honor Code

Academic integrity is the responsibility of all members of the CI community. We, as members of the university community, share equally in the responsibility to ensure that the Honor Code instills self-respect; fosters scholarship and achievement; builds habits of honesty; promotes ethical behavior; inspires mutual fellowship and respect; and confers prestige on CI and members of the university community. All university community members should be familiar with the Honor Code. Students share with faculty and staff the responsibility of sustaining a climate of integrity. These values are to be maintained at all times.

1. Introduction
   
   In a university community, there can be no doubt that honor and the pursuit of knowledge are inexorably intertwined.
   
   An honor system must be believed in, supported, and administered by those who belong to it. Upon enrollment at CI, each student is automatically subject to the provisions of the Honor system. Each student has a duty to become familiar with the Honor Code and the provisions of the Honor system. Ignorance of what constitutes an Honor Code violation cannot be used as a defense in an honor hearing.
   
   The Honor system at CI does not discriminate based upon race, color, religion, national origin, political affiliation, gender, sexual orientation, age, or disability.
   
   A faculty or staff member may require examination, paper, and other written or electronically submitted assignment containing the following pledge or similar pledge approved by the faculty or staff member of the students submitting the work: “This work complies with the CI Honor Code.” The pledge shall be signed by the students unless it is submitted electronically, in which case the faculty or staff member may require a different method of proof of a student’s pledge.
    
2. The Honor Code
   
   Students shall observe complete honesty in all academic matters. All students are strongly urged to ask their faculty or staff members to clarify what types of conduct are authorized or unauthorized in each course. Violations of the Honor Code include, but are not limited to, taking or attempting to take any of the following actions:
   1. Using unauthorized materials or receiving unauthorized assistance during an examination or in connection with any work done for academic credit. Unauthorized materials may include, but are not limited to, notes, textbooks, previous examinations, exhibits, experiments, papers, or other supplementary items.
   2. Giving false or misleading information regarding an academic matter.
   3. Copying information from another student during an examination.
   4. Rendering unauthorized assistance to another student by knowingly permitting him or her to see or copy all or a portion of an examination or any work to be submitted for academic credit.
   5. Obtaining prior knowledge of examination materials including using copies of previously given examinations obtained from files maintained by various groups and organizations in an unauthorized manner.
   6. Providing or obtaining unauthorized copies of any portion of an examination or other course work.
   7. Using a commercially prepared paper or research project, or submitting for academic credit any work completed by someone else.
   8. Falsifying or attempting to falsify class attendance records for oneself, or for someone else, or having another falsify attendance records on your behalf.
   9. Falsifying material relating to course registration or grades, either for oneself or for someone else.
   10. Falsifying reasons why a student did not attend a required class or take a scheduled examination.
   11. Taking an examination in the place of another student.
   12. Making unauthorized changes in any reported grade or on an official academic report form.
   13. Falsifying data submitted for academic credit.
   14. Collaborating in an unauthorized manner with one or more other students on an examination or any work submitted for academic credit.
   15. Committing the act of plagiarism - the deliberate copying, writing, or presenting as one’s own the information, ideas, or phrasing of another person without proper acknowledgment of the true source.
   16. Using University resources in an academically dishonest manner.
   17. Falsifying evidence, intimidating, or influencing someone in connection with an honor violation investigation, hearing, or appeal.

(SP04-38)

Judicial Affairs

Accountability

The Vice President for Student Affairs, Dean of Students and Judicial Officer(s)

Applicability

An applicant, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending.

Definition(s)

Campus and University — used interchangeably and both mean the California State University.

Member of the University Community — means California State University trustees, employees, students, and university guests who are on university property or at a university related activity.

Sexual Misconduct — means any non-consensual sexual intercourse, sexual assault, sexual exploitation, indecent exposure or attempt to commit any of these acts.

Student Conduct Code — means Section 41301 et seq. of Title 5 of the California Code of Regulations.

University Official — means any person employed by a campus, performing administrative or professional duties.

University Property — means:

• real or personal property in the possession, or under the control, of the Board of Trustees of the California State University, and
• all campus facilities whether utilized by the university or a campus auxiliary organization.

University Related Activity — means any event sponsored by, coordinated with, or directly affecting the university’s regular functions.

Working Day — means any day of the academic year, summer session or special session, other than a Saturday, Sunday, or academic holiday as that term is defined in Section 42800 of Title 5 of the California Code of Regulations.

Preponderance — means evidence presented which establishes a majority (51%) in favor of one side or the other.

Text

General Provisions

• Student Conduct Administrator 
  Each campus president assigns a campus official or officials to be the Student Conduct Administrator, whose responsibilities are to determine whether to initiate disciplinary action under the Student Conduct Code and to perform duties as prescribed in these procedures. Student conduct administrators serve at the pleasure of the president.
• Hearing Officers
  Each campus president appoints one or more persons to serve as Hearing Officers. They may be campus officials, attorneys licensed to practice in California, or administrative law judges from the Office of Administrative Hearings. Subordinates of the Student Conduct Administrator, persons with a conflict of interest in the matter, and percipient witnesses to the events giving rise to the case are ineligible to serve as Hearing Officers. The Hearing Officer conducts the hearing, determines whether a student has violated the Student Conduct Code and if so, recommends sanction(s).
• Attorneys
  Student Conduct proceedings are not meant to be formal court-like trials. Although university related sanctions may be imposed, the process is intended to provide an opportunity for learning. Each campus president determines as a matter of standing campus directive whether attorneys are permitted to be present in all or some campus proceedings. The president’s determination regarding the presence of attorneys applies to both the student charged and the campus. Both the student and the campus can consult attorneys outside of the actual proceedings irrespective of the president’s determination. Any person licensed to practice law is considered an attorney for this purpose. At CSU Channel Islands, attorneys are not permitted to be present at campus proceedings as advisors/representatives for the student or the campus.
• Interpretation of the Code or Process
  All issues regarding the hearing described under the section titled Proceedings below, except those specifically noted, are within the purview of the Hearing Officer for final determination. Questions of interpretation or application of the Student Conduct Code or this executive order are outside the purview of the Hearing Officer and are determined by the campus Vice President for Student Affairs or his or her designee.
• Delegation of Duties
  The duties of the president in these proceedings may be delegated to another campus official. **Designation has been granted to the Vice President for Student Affairs (VPSA) for all matters related to Judicial Affairs at CSU Channel Islands.
• Parallel Judicial Proceedings
  Student Conduct Code proceedings are independent from other court proceedings. Student discipline may be instituted against a student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of the Student Conduct Code. The university may proceed before, simultaneously with, or after any other judicial proceedings.
• Time Lines
  All times set in this executive order may be extended by the university when necessary. Extensions shall be determined by the Vice President for Student Affairs.

Proceedings

1. Investigation
   1. Whenever it appears that the Student Conduct Code has been violated, a complaint should be directed to the Student Conduct Administrator as soon as possible after the event takes place. The complaint can be oral or in writing.
   2. The Student Conduct Administrator investigates each complaint submitted and determines whether it is appropriate to charge a student with violation of the Student Conduct Code.
2. Conference
   
   1. The Student Conduct Administrator holds a conference with the student charged, and obtains his or her response to the alleged misconduct, except in instances where the student charged declines to cooperate, in which case the conference requirement is waived. The student may bring a person with him/ her to advise him/her during the conference with the Student Conduct Administrator. The student’s advisor is there to provide support and not to speak on behalf of the student. If agreement can be reached as to an appropriate disposition of the matter, it will be closed and the terms of the disposition shall be put in writing and signed by the student charged and the Student Conduct Administrator.
   2. If the student admits violating the Student Conduct Code but no agreement can be reached on an appropriate sanction, the student charged may request a hearing on the sanction only.
3. Notice of Hearing
   
   1. If the alleged violation of the Student Conduct Code is not resolved at the conference with the Student Conduct Administrator and the Student Conduct Administrator has determined that formal disciplinary action is appropriate, or if the student charged requests a hearing on the sanction only, the Student Conduct Administrator issues a Notice of Hearing.
      
      1. The Notice is sent electronically to the charged student at the university assigned e-mail address linked to the account provided by the California State University (i.e., “xxx.edu.”).
      2. Until June 30, 2010 the Notice is also served on the student charged in person, or by traceable mail (e.g., certified mail) to the last address that student has on record with the university. As of July 1, 2010, CSU Channel Islands utilizes “Dolphin Email” for all judicial related correspondence.
   2. The Notice of Hearing must include:
      
      1. The section(s) of the Student Conduct Code that the student is charged with violating.
      2. A factual description of the student’s conduct that forms the basis for the charge(s).
      3. The proposed sanction.
      4. Notification that neither the Hearing Officer nor the VPSA (as the president’s designee) is bound by the proposed sanction, and either, or both, may set a more severe sanction.
      5. The date, time and place of the hearing.
      6. The location on the campus where the student can view his or her discipline file, including the location (or copies) of the campus policies that were violated.
      7. Notification that the student may be accompanied at the hearing by an advisor as well as the campus directive regarding attorneys.
      8. Notification that the student can waive his/her right to a hearing by accepting the proposed sanction.
      9. Notification of any immediate suspension and/or withdrawal of consent to remain on campus. (See section Interim Suspension below.)
      10. A copy of Executive Order 1043 or notice of where the student may obtain a copy. If consent to remain on campus has already been withdrawn by the time the Notice of Hearing is sent, a copy of the executive order must be enclosed along with any other campus policy referenced in the Notice of Hearing.
   3. The Notice of Hearing is sent to the student at least 10 working days before the hearing.
   4. The charges stated in the Notice of Hearing may be amended at any time. If an amendment would require the student to prepare a different response, the student may request a postponement of the hearing for a reasonable period of time. If the charges are amended after a hearing is underway, the Hearing Officer may postpone the hearing for a reasonable period of time.
4. Hearing
   
   1. The hearing is closed to all persons except the Hearing Officer, the student charged, the Student Conduct Administrator, one advisor for the student charged, one advisor for the Student Conduct Administrator, appropriate witnesses during the time that they are testifying (including a support person for alleged victims of sexual or physical assault, see section g below), and one person to assist the Hearing Officer in recording the hearing. A police or security officer may also be present if deemed appropriate by the Vice President for Student Affairs. The university will cooperate in providing employee witnesses wherever possible, provided that they are identified at least two working days before the hearing.
   2. The student may be accompanied by one advisor of his or her choice to provide support but not to speak on behalf of the student. Hearing dates will not be changed because of the schedule of the advisor for the student charged.
   3. The Student Conduct Administrator may also be accompanied by one advisor. Hearings are intended to be educational rather than adversarial. The Hearing Officer runs the hearing. The student charged and the Student Conduct Administrator each put on the evidence in their case in whatever manner the Hearing Officer deems appropriate and may each ask questions of the witnesses. The Hearing Officer may also ask questions of any witness, the student charged or the Student Conduct Administrator.
   4. Formal rules of evidence applied in courtroom proceedings do not apply in the hearing (e.g., California Evidence Code). All information that responsible persons are accustomed to rely upon in the conduct of serious affairs including hearsay is considered. Unduly repetitive information may be excluded. The Hearing Officer bases his/her decision only on the information received at the hearing.
   5. The Hearing Officer makes an official audio recording of the hearing. S/he can have someone present to operate any equipment necessary to make the recording. The recording is the property of the university. No other recording of the hearing is permitted.
   6. If the student charged fails to appear at the hearing, the hearing proceeds without him/her. The decision, like every other hearing decision, must be based on the information presented. The student charged may not be found to have violated the Student Conduct Code solely because he/she failed to appear at the hearing.
   7. In cases involving a charge of sexual or physical misconduct, the alleged victim may be accompanied at the hearing by another person. This person is for support only, and is not permitted to participate in the hearing. Questions of the alleged victim are limited to the incident upon which the charge is based and the events surrounding that charge, and may not delve into past sexual behaviors of the alleged victim.
   8. The Hearing Officer is responsible for maintaining order during the hearing and makes whatever rulings are necessary to ensure a fair hearing. Abusive behavior is not tolerated. The Hearing Officer may eject or exclude anyone who refuses to be orderly, including the student charged.
   9. The Hearing Officer’s decisions regarding procedural issues are final.
   10. Where there is more than one student charged arising out of a single occurrence, or related multiple occurrences, the Student Conduct Administrator and the students charged may agree to a single hearing for all of the students. A charged student may request consolidation of his/her case with others. The Student Conduct Administrator makes consolidation decisions, which are subject to review by the Hearing Officer and thereafter are final. The separation of one or more cases from a case previously set for a consolidated hearing shall not be considered to affect the other cases.
   11. At any time during the hearing, the student charged may waive the right to a hearing and accept the proposed sanction. Such a waiver must be in writing.
5. Standard of Proof and Recommendation of the Hearing Officer
   
   1. The Hearing Officer makes decisions only on information presented at the hearing. After the hearing the Hearing Officer makes findings of fact and conclusions about whether the information presented constitutes a violation of the Student Conduct Code. The standard for the Hearing Officer’s decision is whether the university’s charge is sustained by a preponderance of the evidence. It is the university’s burden to show that it is “more likely than not” that the student violated the Student Conduct Code.
   2. The Hearing Officer submits a written report of his/ her findings and conclusions to the VPSA (as the president’s designee), along with any appropriate recommended sanction. This report is submitted within ten working days after the hearing.
6. The Final Decision
   
   1. The VPSA (as the president’s designee) reviews the Hearing Officer’s report and issues a final decision. The VPSA (as the president’s designee) may impose the sanction recommended, adopt a different sanction, reject sanctions altogether, or refer the matter back for further findings on specified issues. If the VPSA (as the president’s designee) adopts a more severe sanction than what is recommended by the Hearing Officer, the VPSA (as the president’s designee) must set forth the reasons in the final decision letter. The VPSAs (as the president’s designee) final decision letter is issued within five working days after receipt of the Hearing Officer’s report.
   2. The VPSA (as the president’s designee) sends notice of his/her decision electronically to the charged student at the university assigned e-mail address linked to the account provided by the California State University (i.e., “xxx.edu.”).
   3. Until June 30, 2010 the notice of decision is also sent by personal delivery or through traceable mail (e.g., certified mail) to the last address that student had on record with the university. After the decision has been sent the Hearing Officer’s report is available for review by the student charged within a reasonable time upon request.
7. Notice to Victims of Crimes of Violence and Sex Offenses In cases involving a “crime of violence” [A “crime of violence” includes: arson, assault offenses, burglary, criminal homicide (manslaughter by negligence), criminal homicide (murder and non-negligent manslaughter), destruction/ damage/vandalism of property, kidnapping/abduction, robbery, and forcible and non-forcible sex offenses. 99 C.F.R. § 99.39.], the university may notify the alleged victim(s) of the final results of a hearing as it relates to those charges regardless of whether or not the  charges are sustained. (34 C.F.R. § 99.31 et seq.)1 If the alleged victim of a “crime of violence” makes a written request for the results of the proceeding the university must provide the outcome of the proceeding related to that charge. Similarly, where the charge relates to a sexual assault the university must notify the alleged victim of the outcome of the proceeding (20 U.S.C. § 1092). This information is only given to the victim(s) and includes the name of the accused student, any violation alleged committed, and any sanction(s) imposed on that student (20 U.S.C. § 1232g).

Sanctions

The following sanctions may be imposed for violation of the Student Conduct Code:

1. Restitution — Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.
2. Loss of Financial Aid — Consistent with California Education Code Sections 69810 et seq., scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, cancelled or denied.
3. Educational and Remedial Sanctions — Assignments, such as work, research, essays, service to the university or the community, training, counseling, or other assignments intended to discourage a repeat of the misconduct or as deemed appropriate based upon the nature of the violation.
4. Denial of Access to Campus — A designated period of time during which the student is not permitted on university property or specified areas of campus. (See California Penal Code § 626.2.)
5. Disciplinary Probation — A designated period of time during which privileges of continuing in student status are conditioned upon future behavior. Conditions may include, for example, the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate any university rule during the probationary period.
6. Suspension — Separation of the student from CSU student status for a certain period of time, after which the student is eligible to reapply to the university. Conditions for readmission may be specified.
7. Expulsion — Permanent separation of the student from CSU student status from the California State University system.
8. Admission or Readmission — Admission or readmission to the California State University may be qualified, revoked or denied to any person found to have violated the Student Conduct Code.

In addition to the sanctions referenced under Article V of Executive Order 1043 and in this policy under the section titled Sanctions, CSU Channel Islands may impose the following University-recognized sanctions:

1. Oral Disciplinary Warning — An oral disciplinary warning is an official warning that the student’s behavior is in violation of the CI Student Code of Conduct. The oral warning is the least severe of all the sanctions and will be documented in the student’s disciplinary file. If the student is found to be in violation of a second charge, subsequent action may be more severe.
2. Written Disciplinary Warning — A written disciplinary warning is an official reprimand for violations of specified University policies or campus regulations. The written warning is placed in the students’ file for a specified period of time. The warning is then removed if the student does not commit any further violations during the specified time. If the student is found to be in violation of a second charge, subsequent action may be more severe.
3. Multiple Sanctions — More than one sanction may be imposed for a single violation.
4. Good Standing — A student is not considered to be in good standing for purposes of admission to the California State University while under a sanction of suspension, or expulsion, or while his or her admission or re-admission has been qualified (Section 40601 (g) of Title 5 of the California Code of Regulations).
5. Administrative Hold and Withholding a Degree — The university may place an administrative hold on registration transactions and release of records and transcripts of a student who has been sent a Notice of Hearing and may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Conduct Code, including the completion of all sanctions imposed.
6. Record of Discipline — Disciplinary probation is entered on a student’s transcript, with beginning and end date, for the period of time that the probation is in effect. Suspension is entered on the student’s transcript, with beginning and end date, for the period of time that the suspension is in effect, but remains on the transcript permanently if the suspension is for longer than one academic year. Expulsion is entered on the student’s transcript permanently along with the date it takes effect.

Interim Suspension

1. Grounds
   The VPSA (as the president’s designee) may impose an interim suspension where there is reasonable cause to believe that separation of a student is necessary to protect the personal safety of persons within the university community, property of the university or to ensure the maintenance of order (Section 41302 of Title 5 of the California Code of Regulations).
2. Notice and Opportunity for Hearing
   A student placed on interim suspension is given prompt notice of the charges pending against him or her as enumerated in Section 41301 of Title 5 of the California Code of Regulations and a factual description of the conduct alleged to form their basis. The opportunity for a hearing within ten working days of the imposition of the suspension is also required. (Section 41302 of Title 5 of the California Code of Regulations). Where a timely request is made, a hearing will be held to determine whether continued suspension is required to protect personal safety or property or to ensure the maintenance of order. This hearing may also serve as the disciplinary hearing in accordance with the procedures outlined in Article IV, provided that proper notice has been given. The hearing is conducted pursuant to the provisions of Article IV, Section 4 of these procedures. If the university proves that there is reasonable cause for the interim suspension to continue it shall remain in effect until the university closes the disciplinary matter, whether by settlement, final decision or dropped charges, but in no case longer than the VPSA (as the president’s designee) has determined is required to protect the personal safety of persons within the university community, property of the university or to ensure the maintenance of order.
3. Denial of Presence on Campus
   During the period of an interim suspension, the student charged may not, without prior written permission from his/ her campus VPSA (as the president’s designee), enter any campus of the California State University other than to attend the hearing regarding the merits of his/her suspension. Violation of any condition of interim suspension shall be grounds for expulsion (Section 41302 of Title 5 of the California Code of Regulations).

Conduct by Applicants for Admission

Admission or readmission may be qualified, revoked or denied to any person who commits acts that would be the basis for disciplinary proceedings pursuant to these procedures. Qualified admission or denial of admission in such case shall be determined by a hearing held pursuant to Article IV of these procedures.

(SA.11.003)

Student Conduct

Title 5, California Code of Regulations, §41301. Standards for Student Conduct.

1. Campus Community Values
   1. The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
2. Grounds for Student Discipline
   Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:
   1. Dishonesty, including:
      1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
      2. Furnishing false information to a University official, faculty member, or campus office.
      3. Forgery, alteration, or misuse of a University document, key, or identification instrument.
      4. Misrepresenting ones’ self to be an authorized agent of the University or one of its auxiliaries.
   2. Unauthorized entry into, presence in, use of, or misuse of University property.
   3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
   4. 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.
   5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University-related activity.
   6. Disorderly, lewd, indecent, or obscene behavior at a University-related activity, or directed toward a member of the University community.
   7. 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.
   8. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
   9. 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.
   10. Use, possession, manufacture, or 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.
   11. Theft of property or services from the University community, or misappropriation of University resources.
   12. Unauthorized destruction or damage to University property or other property in the University community.
   13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
   14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
   15. Misuse of computer facilities or resources, including:
       1. Unauthorized entry into a file, for any purpose.
       2. Unauthorized transfer of a file.
       3. Use of another’s identification or password.
       4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
       5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
       6. Use of computing facilities and resources to interfere with normal University operations.
       7. Use of computing facilities and resources in violation of copyright laws.
       8. Violation of a campus computer use policy.
   16. Violation of any published University policy, rule, regulation or presidential order.
   17. Failure to comply with directions or interference with any University official or any public safety officer while acting in the performance of his/her duties.
   18. Any act chargeable as a violation of a 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.
   19. Violation of the Student Conduct Procedures, including:
       1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
       2. Disruption or interference with the orderly progress of a student discipline proceeding.
       3. Initiation of a student discipline proceeding in bad faith.
       4. Attempting to discourage another from participating in the student discipline matter.
       5. Attempting to influence the impartiality of any participant in a student discipline matter.
       6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
       7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
   20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
3. 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.
4. 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 it 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.
5. Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
   As referenced earlier in Section XXI, Student Conduct (15) (G) the penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.