This new version of this procedure will be effective on 12/14/23. Until then, please reference the prior policy version.

Chapter:

6 - Student Affairs

Policy:

06-004 Student Conduct

Policy Contact:

Associate Program Director

Approved Date:

1/1/22

Effective Date:

12/14/23

Revisions:

11/10/23

The procedures outlined here represent due process steps employed to reach a resolution in cases of an alleged misconduct.

I.  Definitions

All definitions can be found in UCEAP Policy 06.004 Student Conduct.

II.  Conduct Sanctions

When a student is found in violation of law or the policies of UC, UCEAP, or the host institution, any of the following sanctions or combination thereof may be imposed: warning, formal reprimand, probation, and/or dismissal. All sanctions are defined in UCEAP Policy 06.004 Student Conduct. Any sanction imposed should be appropriate to the violation, taking into consideration the context and seriousness.

III.  Conduct Procedures

A.  Administration of the Student Conduct

  1. The UCEAP Representative is responsible for carrying out any investigation deemed necessary to determine whether alleged violations of UCEAP, UC, or host institution regulations or policies occurred.
  2. The Associate Program Director (APD) is responsible for initiating disciplinary actions for UCEAP students.
  3. The International Health, Safety, and Crisis Management (IHSCM) Director is involved when disciplinary actions have a health and safety component. The IHSCM Director is the Title IX Liaison.
  4. The Director of Global Programming is responsible for issuing notices of dismissal for violations of standards of conduct.
  5. The Associate Vice Provost and Executive Director (AVPED) is the adjudicator of any appeals and also coordinates with legal counsel as necessary.

B.  Filing a Complaint

Any member of the faculty orstaff, or a student or any other person may file a complaint with the UCEAP representative. Complaints may be submitted in person, over the phone, or via email.

C.  Investigation of Misconduct

  1. Notice of Charges: When a formal investigation is deemed by the UCEAP representative to be appropriate for fact finding, the UCEAP representative will provide brief written notice via email to a student (whether or not disciplinary action is taken) that their alleged behavior may have violated UC, UCEAP, or host institution policy and such behavior is subject to the disciplinary process, with a deadline by which the student may decide to respond.
  2. Response to Charges: All written responses from the student will be retained by the Associate Program Director.
  3. Collecting Evidence: All evidence tracked in the case file may be introduced in a subsequent disciplinary action. The investigation may consist of written accounts, interviews with the reporting party, witnesses, and the person alleged to have violated a regulation or standard of conduct. If the person alleged to have violated a regulation or standard of conduct is interviewed, they are reminded of the nature of the alleged misconduct, the regulations or policy allegedly violated, and the procedures to be followed.  The nature of the evidence-gathering will depend on the allegations and the relevant circumstances.
    1. Host Investigation: If the host institution has already conducted the investigation, the UCEAP representative will forward the report to the Associate Program Director. In cases of academic misconduct, the Academic Specialist should be copied as well.
  4. Recommendation: The UCEAP representative canprovide a recommendation on dismissal of charges or disciplinary action to the Associate Program Director. The standard of proof for recommending disciplinary action is a preponderance of the evidence.
    1. UCEAP respects the host institution’s procedures regarding misconduct, which is handled separately from UC procedures. If the host institution’s action is to dismiss the student from the host institution, the student is subject to dismissal from UCEAP.
  5. Title IX Incidents: Upon receiving a report of a Title IX incident, whether through an official report to the UCEAP Title IX Liaison (Liaison) or through a disclosure of a Title IX incident, the Liaison will report to the relevant campus Title IX Office; consult with legal counsel, to determine any in-country legal obligations; and refer the student to campus CARE resources and UCEAP resources. The Liaison is not permitted to investigate Title IX cases.
  6. Involuntary Leave: In rare circumstances where UCEAP determines that there is a strong risk that the student’s continued presence on the program will cause immediate and serious harm to the UCEAP or host university community or impede the investigation of wrongdoing, the student may be placed on involuntary leave from the UCEAP program while the investigation is conducted.

D.  Resolution of Charged Cases

  1. Determination: The Associate Program Director determines the appropriate conduct sanction up to probation (see the Student Conduct Policy for definitions). Cases for dismissal are determined by the Director for Global Programming. The UCEAP Representative, Associate Program Director, or the Director for Global Progamming will send the UCEAP disciplinary determination notice to the student. At the end of the appeal timeline, UCEAP representative will send a final UCEAP displinary notice to the host institution contact.
  2. UC Campus Disciplinary Procedures: If necessary, the UCEAP representative informs the host institution that the incident will be reported to the student’s UC campus and any further disciplinary action must follow individual UC campus procedures, which may or may not accord with the host institution’s action or request. TUCEAP is unable to inform the host institution of the final action by the UC campus.
  3. Dismissal of Charges, Warning or Reprimand: If the Associate Program Director resolves the case with dismissal of the charges, a warning, or a formal reprimand, then no further action should be taken.
  4. Probation: If the Associate Program Director determines that probation is the appropriate sanction, they will send a probation letter to the student. The Associate Program Director will ensure that the probationary conditions are met. If probation conditions are met and there are no further conduct issues, the student’s case is considered closed at the end of their Program.
  5. Dismissal: If a decision is made to dismiss the student from UCEAP, the Director of Global Programming will issue a dismissal letter to the student. The written notice includes the nature of the misconduct, the UCEAP policies and regulations allegedly violated, and the appeal process available to the student. The letter may include information on disposition of coursework, if appropriate. The letter will inform the student that they are no longer eligible to participate in a future Program with UCEAP.
    1. Host Institution Dismissal: If the host institution dismisses the student, the UCEAP representative notifies the Associate Program Director and Director of Global Programming. The Director of Global Programming will then issue a dismissal in writing to the student. The written notice will cite the UCEAP policy regarding dismissal by the host institution.
    2. Host Appeal Process: If a host appeal process is available to the student, the UCEAP representative will refer the student to the appeal process.

IV.  Appeal of Dismissal

  1. Time for Appeal: If a student decides to exercise their right to appeal a UCEAP dismissal decision, they must do so in writing. The appeal must be initiated within seventy-two (72) hours, in local time, excluding weekends, starting from the time the notification was sent to the student to informed in writing of the action to be taken, or the student’s right to appeal is waived.
  2. Format of Appeal: An appeal must be in the form of a letter to the AVPED, the adjudicator of all dismissal appeals (uceapdirector@uceap.universityofcalifornia.edu). This letter may include any relevant documents and testimonials the student wishes to enter into the record.
  3. Appeal Decision: The AVPED will either concur with or overturn the dismissal decision, ordinarily, within a period of forty-eight (48) hours after receiving the appeal. In cases where the dismissal decision is overturned, but disciplinary action is recommended, the case is referred to the Associate Program Director.
  4. Decision Notification: The AVPED will inform the student in writing of the decision. This decision will also be communicated to the UCEAP Representative, local university officials, Program Director, and UC Campus UCEAP advisor. The UC Campus UCEAP advisor will be responsible to inform any other appropriate campus offices or officials.
  5. Postponement of Sanctions During Appeal: If an appeal is submitted, any disciplinary sanctions ordinarily will not be imposed until the appeal process is completed, unless there is extreme concern about the safety of program participants. Interim measures, such as no contact orders and academic accommodations, will remain in effect during the appeal process. Provided the safety of the student or program participants is not impacted, students on interim sanctions must continue to abide by all UCEAP and partner policies and requirements of participation.
  6. Access to Housing & Program: Access to housing and the Program is not restricted during the appeal, unless the nature of the act that caused the discipline is related to the restriction. Exclusion of housing and the Program occurs when there is reasonable cause for UCEAP to believe that the student’s presence will lead to physical abuse, threats of violence, conduct that threatens the health or safety of any person associated with UCEAP, or other disruptive activity incompatible with the orderly operation of the Program.

V.  Consequences of Dismissal

  1. Termination: If the decision is to dismiss the student from UCEAP, the student’s participation in the Program will be terminated and the student will no longer be eligible to participate in a future Program with UCEAP.
  2. Academic Credit: A student who is dismissed from UCEAP for violation of UCEAP policy does not receive credit for coursework in progress.  In cases of dismissal for violation of the Academic Conduct policy, the Academic Specialist submits grades as “W” (withdrawal) or “F,” depending on the final resolution for each course. For all other violations of policy, the Academic Specialist will submit grades as “W.”
  3. Payment Obligations: Termination of a student’s participation in UCEAP does not diminish or otherwise affect the student’s obligation to make all payments to UCEAP. The student is not entitled to a refund of fees, may be required to reimburse UC for financial aid received, and is responsible for all unrecoverable costs incurred by the host institution or UCEAP, as well as personal financial obligations, including, but not limited to, utility bills and rent. A student’s registration at the UC campus may be blocked until all such financial obligations have been met. A student’s UC campus may, in addition, impose further sanctions, such as suspension or dismissal from UC.
  4. Travel Insurance: A student’s travel insurance coverage through UCEAP ends fourteen (14) days after the effective dismissal date.
  5. Housing Accommodations & Visa/Resident Status: Termination of a student’s participation in UCEAP due to dismissal may result in the loss of student housing accommodations and visa or residence permit status.

VI.  Privacy

Student discipline records are confidential. The disclosure of information from such records is subject to the following:

 

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