Policy 06-004 Student Conduct

I.  Purpose

The purpose of this policy is to make clear to a student participating in UCEAP the rights and responsibilities concerning compliance with laws, regulations, policies, and customs of both the institutions and communities with which you engage.

II.  Scope

This policy applies to all applicants and students (defined below) participating in a UCEAP program (Program).

III.  Interaction with UC Policies

While many of UCEAP’s policies and regulations parallel the University of California Policies Applying to Campus Activities, Organizations, and Students (UC Policies), UCEAP standards may be set higher and may be stricter because of the broader consequences of student conduct when you are participating in UCEAP (e.g., your conduct may affect UCEAP’s relations with the host institution and the local community or arouse anti-American sentiments). You are responsible for complying with UC systemwide policies, your home UC campus policies, as well as UCEAP policies.

IV.  Definitions

1. Adjudicator: The “adjudicator” is responsible for the final ruling of a case. Generally, this role is fulfilled by the UCEAP Systemwide Associate Vice Provost and Executive Director.
2. Administrative Withdrawal: An “administrative withdrawal” is a termination of the student’s participation in a UCEAP program, which is initiated when UCEAP representatives determine that a student’s participation is no longer viable for reasons unrelated to the misconduct identified in section V.E. This can take place both pre- and post-departure. No withdrawal form or dismissal letter is required and there is no appeal process.
3. Days: The term “days” is defined as the normal business day and does not include Saturdays, Sundays, legal holidays, or University-designated administrative holidays.
4. Dismissal: A “dismissal” is a permanent termination of a student’s participation in their current program, the individual’s loss of status as a UCEAP student, and loss of eligibility to participate on UCEAP in the future. A dismissal from UCEAP is initiated when a student’s actions, in the judgement of UCEAP representatives, jeopardize a student’s welfare or the program. Misconduct during the probationary period or violation of any conditions of the probation may also result in dismissal.
5. Formal Reprimand: A “formal reprimand” is a notice issued to a student when the student exhibits concerning behavior that is in violation of UC policy and the student agreement, or when the student fails to take corrective action from a prior warning notification.
6. Preponderance of the Evidence: “Preponderance of the evidence” means that it is “more likely than not” (or greater than 50 percent) that the student(s) violated this Code. In this context, the student(s) will be found to be responsible for the alleged violations if the UCEAP Representative and host institution, in consultation with the UCEAP Associate Program Director, conclude that UCEAP has shown that such conduct more likely than not occurred based on careful review of all information presented.
7. Probation: “Probation” is a status applied, and a notification sent, to a student when the student exhibits concerning behavior that is in violation of the student agreement. Probation includes specific conditions, imposed for a specified time, during which a student must demonstrate adherence to the conditions and/or conduct that conforms to UCEAP and host institution standards of conduct. Failure to take corrective action from a formal reprimand can lead to probation. Depending on the student’s misconduct, and at the discretion of the UCEAP representative or Associate Program Director, the following are examples of probation conditions: formal apology; written apology; written analysis of misconduct, with reference to local social norms; community service; alcohol/drug assessment with treatment, as deemed necessary; professional counseling; payment of fines/restitution of property; etc..
8. Student / You: A “student” or “you” refer to an individual for whom UC maintains a student record, and who: (1) is enrolled in or registered with an academic program of the University, and (2) is on an approved educational leave or other approved leave status or is on filing-fee status. This policy also applies to:
   1. applicants, who become students, for offenses committed as part of the application process;
   2. applicants, who become students, for offenses committed on campus and/or while participating in University-related events or activities that take place following a student’s submission of the application through their official enrollment; and
   3. former students for offenses committed while a student.
9. UCEAP Representative: The term “UCEAP representative” refers to staff with various titles responsible for administrative involvement in a UCEAP location.
10. Warning: A “warning” is a notice issued to a student when the student does not adhere to a procedure or directive from a UCEAP Representative.

V.  Responsibilities

A.  Standards of Conduct

1. Ours is a community with high standards and high expectations for those who choose to become a part of it. You are expected to always conduct yourself in a responsible and mature manner. This includes being sensitive to and respectful of members of the UCEAP group, the local community, and the culture and customs of the host country.
2. By participating in a UCEAP program, you assume three statuses: (1) a student of the University of California (UC), (2) a member of UCEAP, and (3) a guest of the host institution/country. As a member of both the local society and the academic community, you will have attendant rights and the responsibility to comply with program host country laws, as well as the policies and regulations of UC, UCEAP, and the host institution. UCEAP may take disciplinary action regardless of whether action is taken or requested by the host institution.

B.  Violations of Policy or Law

You may be disciplined for violation or attempted violation (including aiding, abetting, or participating in a violation) of a law or the policies of a host institution, UC, or UCEAP.

C.  Time Sensitivity

UCEAP’s discipline procedures are time sensitive and more compressed than campus procedures due to the relatively short duration of the program and the circumstances of the overseas context. You should expect a condensed timeline of disciplinary proceedings.

D.  Notices

Whenever this policy or its implementing procedure require giving written notice to you, it will be conclusively presumed to have been furnished if the notice is sent to you via your email address most recently saved in the UCEAP Portal.

E.   Misconduct

Students may be subject to discipline for conduct that violates the provisions of this UCEAP Student Conduct Policy, the Student Participation Agreement, UC campus conduct policies including but not limited to UC Policies Applying to Campus Activities, Organizations and Students (PACAOS), UC Sexual Violence and Sexual Harassment Policy, and UCEAP Sexual Violence and Sexual Harassment Policy, as well as other conduct that, in the judgment of UCEAP officials, jeopardize any individual’s welfare or the program and may lead to disciplinary action, including dismissal from UCEAP. Examples of misconduct that violate this UCEAP Student Conduct Policy include, but are not limited to:

1. acts or threats of verbal or physical abuse or violence, including any action that intimidates, coerces, or otherwise threatens the health or safety of any person associated with the Program;
2. open abuse of the customs and mores of the host community;
3. damage to or destruction of the property of others;
4. attending class under the influence of alcohol or any controlled substance;
5. unlawful attempt or act of manufacturing, distributing, dispensing, possessing, use, or sale of controlled substances (as identified in law) or alcohol, or any such act or attempt that is not in compliance with policy or regulation;
6. harassment, defined as verbal or physical conduct that unreasonably interferes with a person’s work or education or creates an intimidating, hostile, or offensive working or learning environment when that conduct is based on race, color, national origin, religion, sex, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (including cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services;
7. stalking, defined as behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family –
   1. where the threat is reasonably determined by UCEAP to seriously alarm, torment, or terrorize the person;
   2. where the threat is additionally determined by UCEAP to serve no legitimate purpose; and
   3. stalking of a sex-based nature is defined by the UC Policy on Sexual Violence and Sexual Harassment;
   4. a violation of the UC Policy on Sexual Violence and Sexual Harassment Policy;
8. eviction from accommodations, including student housing, homestays, hotels, hostels, or any other kind of accommodations;
9. disorderly or lewd conduct, disturbance of the peace, or participation in disturbance of the peace, including disturbing others with loud, unnecessary, and unreasonable noise or partying or operating any sound amplifying system (particularly at night), intoxicated behavior, fighting or instigating a fight in a public place, destruction of property;
10. conduct that threatens the health or safety of any person including, but not limited to, physical assault, threats that cause a person to reasonably be in sustained fear for one’s own safety or the safety of their immediate family, and incidents involving the use or display of a weapon likely to cause great bodily harm;
11. unauthorized absence from classes or the Program, or exceeding the number of unexcused absences from class allowed by the Program and/or the host institution;
12. withdrawal from the Program without authorization;
13. academic misconduct, including, but not limited to, cheating, fabrication, forgery, plagiarism, and facilitating academic dishonesty;
14. conduct that threatens working relations with local governments and officials, the host institution, and other academic collaborators and educational partners, including UC;
15. forgery, alteration, or misuse of any Program document, record, or identification, as well as a submission of any forged document or record to the Program;
16. other forms of dishonesty, including but not limited to fabrication of information, furnishing false information, or reporting a false emergency;
17. obstruction of the progress of the Program in any way, including, but not limited to, teaching, research, administration, disciplinary procedures, or other Program activities;
18. failure to respond to mandatory emergency management welfare checks and drills; and
19. dismissal by host institution.

VI.  References & Cross-references

The following also govern UCEAP student conduct:

• UC PACAOS-100 Policy on Student Conduct and Discipline
• UCEAP Sexual Violence and Sexual Harassment Policy
• UCEAP Student Travel Policy
• UCEAP Substance Abuse Policy
• UCEAP Student Participation Agreement (UCEAP Student Portal)