UCSD Students: Sign AMCHA Initiative Petition Condemning Campus Anti-Semitism, Anti-Israelism

The AMCHA Initiative has a new petition out condemning UCSD’s administration for ignoring the concerns of Jewish students on campus. If you’re Jewish and go to UCSD, I highly suggest you sign it.

Here’s the letter:

Dear Chancellor Fox, Vice Chancellor Rue, and President Yudof:

We are Jewish students at UCSD who are deeply dismayed and offended that the following UCSD academic departments and administrative offices were listed as Endorsers and Sponsors of the Muslim Students Association’s “Justice in Palestine Week: 21st Century Apartheid” (See posters here), which took place 5/14 – 5/17:

African American Studies Minor
Critical Gender Studies
Chican@/Latin@ Arts and Humanities Minor
Ethnic Studies Department
Cross Cultural Center

As in previous years, the MSA’s week of events included numerous speakers and exhibits that demonized Israel through rhetoric and imagery deemed anti-Semitic by the U.S. State Department and promoted efforts to harm the Jewish state through boycott, divestment, and sanctions campaigns.

We feel that these annual events foment hatred and hostility not only towards Israel, but towards Jewish students like ourselves who identify with Israel, causing us to feel uncomfortable and unsafe on our own campus. Moreover, we believe these events violate UCSD’s Principles of Community, which “reject acts of discrimination,” “promote open expression.. within the bounds of courtesy, sensitivity…and respect,” and support a community “where all people can work and learn together in an atmosphere free of abusive or demeaning treatment.”

While we acknowledge the MSA students’ right to freedom of speech, we are outraged and distressed that university departments and administrative offices condone and support such hateful and divisive behavior, which so blatantly violates UCSD’s Principles of Community.

As you may remember, two years ago a delegation of Jewish students met with you and Vice Chancellor Penny Rue to express their distress that so many university departments and administrative offices had endorsed or sponsored the MSA’s “Justice in Palestine Week 2010: End the Apartheid.” Unfortunately, the serious and legitimate concerns which the students raised were not addressed at that meeting, and consequently Jewish students like ourselves continue to feel that faculty and administrative endorsement and sponsorship of anti-Semitic events contribute to a hostile environment for many on our campus.

We are aware that as a result of an investigation by the Department of Justice and the Department of Education into incidents of racist bigotry occurring at UCSD in 2010, the University recently agreed to adopt a comprehensive set of remedial programs and activities directed specifically at addressing racial discrimination and harassment. We believe that nothing less is required for Jewish students, who feel harassed and intimidated not only by the lies, defamation, and anti-Jewish bigotry promoted during the annual “Justice in Palestine” events, but especially by their endorsement and sponsorship by UCSD academic and administrative units.

Therefore, we urge you to do the following:

1) ensure that no University money or endorsement is given to events that are hateful and discriminatory towards a particular group of students or that violate UCSD’s Principles of Community;

2) broaden the scope of the remedial programs and activities outlined in the Resolution Agreement between UCSD, the DOJ, and the DOE to include anti-Semitic discrimination and harassment.

We look forward to hearing from you soon. Sincerely, The Undersigned

Sign the petition here.

Divestment Defeated at UCSD

Due to delays and support behind efforts to rally against anti-Israel bias, we here at UCSD successfully defeated divestment!

Read about this feat from StandWithUs below:

StandWithUs salutes the Tritons for Israel for their strategy and dedication to defeating BDS on their campus.

On April 13th, 2011, the Associated Students (AS), the official student representatives at UC San Diego, passed a resolution authored by Academic Senator Adi Singer, stating that it was not the place of the Associated Students to pass resolutions that will divide the campus community and alienate specific groups. The resolution called for neutrality of the student senate, and reinforced the mission statement of building a cohesive campus community, and representing a diverse but unified voice. Two weeks ago, Student for Justice in Palestine (SJP) submitted a resolution calling upon the UC Regents to divest the retirement and pension funds from General Electric and Northrop Grumman, specifically because of their business dealings with the Israeli Defense Forces. Through intense lobbying of elected representatives and direct, peaceful dialogue with SJP,  the Tritons for Israel, a pro-Israel student group at UCSD, were able to achieve great success when last night, April 27th, SJP actually withdrew their divestment resolution, and it was not raised for consideration at the student senate.

In an opinion piece published in the campus paper today and authored by Tritons for Israel student leadership, “Tritons for Israel has always and will continue to stand for peace, dialogue, and justice. Divestment is not the way to a durable peace. Only by speaking to one another can we achieve a true understanding, and build the bridges necessary for a sustainable coexistence. Tritons for Israel hopes that we will someday have a willing partner in the struggle to achieve a sustainable end to the conflict, both in the Middle East and here on our campus.”

StandWithUs campus professionals and Board of Directors are very proud of the Tritons for Israel for this tremendous effort and achievement.

Thank you for being excellent role models for other campuses!

Read the statement of the Tritons for Israel Executive Board here

Read more divestment coverage from the perspective of the UCSD student newspaper here

UCI “11″ Charged for Last Year’s Antics

The infamous Irvine “11″ have been charged for their antics from last February, when plans to disrupt Israeli Ambassador Michael Oren were discovered to be premeditated.

I am especially pleased to hear that my county DA Tony Rackauckas (a fellow Lithuanian-American and conservative) ruled the UCI MSU in contempt with the law.

The OC Register reports:

“This case is being filed because there was an organized attempt to squelch the speaker, who was invited to speak to a group at UCI,” District Attorney Tony Rackauckas said in a statement. “These defendants meant to stop this speech and stop anyone else from hearing his ideas, and they did so by disrupting a lawful meeting. This is a clear violation of the law and failing to bring charges against this conduct would amount to a failure to uphold the Constitution.”

Each defendant is charged with one misdemeanor count of conspiracy to disturb a meeting and one misdemeanor count of the disturbance of a meeting, according to a news release from the District Attorney’s Office. If convicted, each faces a sentence that could include probation with community service or fines or up to six months in jail.

They are scheduled to be arraigned on the charges March 11.

The defendants are: Mohamed Mohy-Eldeen Abdelgany, 23; Khalid Gahgat Akari, 19; Aslam Abbasi Akhtar, 23; Joseph Tamim Haider, 23; Taher Mutaz Herzallah, 21; Hakim Nasreddine Kebir, 20; Shaheen Waleed Nassar, 21; Mohammad Uns Qureashi, 19; Ali Mohammad Sayeed, 23; Osama Ahmen Shabaik, 22; and Asaad Mohamedidris Traina, 19.

While eight students charged are from UCI, Akari, Herzallah and Nassar were students at UC Riverside.

“We don’t think they deserve to be charged,” said Mohy Abdelgany, 50, of Irvine, Abdelgany’s father. “They simply stood, made a very short statement and left the room peacefully. … In the same event there was heckling and threats by other audience members with the opposite view of the protesters.”

Abdelgany added that his son is on vacation and not available to speak.

The younger Abdelgany, who was president of the Muslim Student Union at UCI, is accused of meeting with other members of the group in the days before Oren’s speech to plan to disrupt it, prosecutors said. He is accused of sending an email to the group’s message board saying “we will be staging a University of Chicago Style disruption of the Ambassador’s speech.”

Two days before the speech, Abdelgany is accused of sending an email to the group’s message board with a “Game Plan” for disrupting the event, and advising in the email that “to the outside,” the disruption was to be portrayed as done by individuals, not the Muslim Student Union, in order to “put up an obstacle” against the UCI administration in case it was to “come after the MSU” afterward, according to prosecutors.

The day before Oren’s speech, Abdelgany sent an email advising “nondisruptors” to cheer after each “disruptor” finished, prosecutors said.

During Oren’s speech, the eleven are accused of standing up, one by one, and shouting statements such as “Michael Oren, propagating murder is not free speech” and “Michael Oren, you are a war criminal.”

All 11 defendants were arrested, cited and released at the time.

More Photos from UCSD: SPACES Embraces “Israel Apartheid Week”

SPACES is an affirmative action-based leftist group at UCSD. Here is evidence why they have that agenda, with their endorsement of the Students for Justice in Palestine’s, “Israel Apartheid Week.” Photos provided by an anonymous source.

UCLA Cuts Off Admission to Islamic Studies Program

Taken from NewsReal Blog on October 25th, 2010:

It looks like another victory against Islamofascism is underway.  UCLA made a daring move to temporarily freeze all admissions into its Islamic Studies program. As a result, several protests broke out on October 22nd, 2010, at the UC campus by the Muslim Students Association in wake of the decision.

Most individuals assume that Islamic Studies is a respectable program that gives a fair account about the Middle East and Islam to contrast it to our highly Westernized, “Islamophobic” society. As a program greatly entrenched in teaching students that America and Israel are evil, Middle Eastern Studies and its ugly cousin Islamic Studies need to be brought into scope.  Lovely how our tax paying dollars are funding these anti-American projects.  Nevertheless, the decision to cease admissions into the Islamic Studies program is deeply rooted in the following sentiment:

The Academic Senate recommended the admissions freeze at the end of an external review that took place during the 2007-2008 school year…“In general, the Academic Senate will review programs to ensure that there are no problems that impact the quality of student learning,” Garrell said.

The Daily Bruin recounts that the outside review committee — consisting of UCLA and non-UCLA  faculty independent of the Academic Senate — felt compelled to investigate the program after students cited complaints with management and availability of resources.

“The review committee found that students felt that they were not well-taken care…the program was not managed well…”

Stanley Kurtz notes the sobering demise of Middle Eastern Studies as a sham to be reckoned with.

The story begins in the late 1940s, when Middle East “area studies” sprouted in American universities. The founders of this discipline made a pitch for government funding on grounds of national interest…To a degree, their pitch was self-interested. By breaking with the European model of learning based on the command of ancient and modern languages, and instead framing their object of study as a region of strategic value to the nation, apolitical scholars could contemplate fifteenth-century Islamic architecture and still do it on the government’s dime… The decline of Middle Eastern studies is a sobering story of intellectual failure–of the persistent inability of scholars to predict or explain real-world developments in the region of their supposed expertise.

Why waste money on an ineffective program that breeds contempt for our nation? These “educational” programs are largely sympathetic to anti-American views that have proven dismal and dangerous in America.

UCI’s MSU Will Stop At Nothing to Advance “Free Speech”

Taken from NewsReal Blog on October 1st, 2010:

Following the suspension of the University of California—Irvine’s Muslim Student Union this past June, members of the MSU are bitter about the university’s decision. I reported on NewsReal Blog back in June  about the suspension as it was a milestone in suppressing their antics. Obviously, their reaction to the decision has only prompted their hate and schemes more. Do not buy into their lie of wanting free speech, as they wish to deny it to their opponents.

A writer for New University—UC-Irvine’s paper—lamented how sad it was that the Muslim Student Union’s presence was sorely missed during Welcome Week festivities. This girl—including other fanatics—failed to register in their brains that the Muslim Student Union breached university rules when interrupting Michael Oren’s speech in February. UC-Irvine’s administration stressed civility and respect at the event—standard protocol expected when speakers come to campus to engage in dialogue. Let this be known: the Muslim Student Union’s cries of having their free speech “deprived of them” is hypocritical, as they heckled Oren by showing their continual efforts to suppress the speech of pro-Israel views.

The suspension of the MSU for the duration of the school year, including a two-year period of probation, is obviously “unjust” for this group according to Madiha Shahabuddin. She points out:

Or is it that this apparent trend of the university shutting down student voices and actions is somehow here to stay?

Since when are other Muslim Student groups on universities being shut down on a routine basis? The UC-Irvine MSU’s suspension is the only action of its kind in existence! The only groups that could justify their voices being shut down are conservative and Republican organizations.

An event or protest in which a few individuals take part is not reason enough to suspend an entire group on which so many Muslims on campus rely for their social, spiritual and humanitarian needs.

When a group fails to respect the wishes laid out by administrative officials—regardless of the number of people involved— association will be noted and collective punishment will result. Universities ruthlessly punish right-leaning groups in high frequency compared to any radical Muslim group. You can thank the leftist agenda at universities for this endless persecution of conservatives on campus.

The MSU is not an honest group, as it disguises its anti-American efforts as free speech and derides those “impairing” them.

Help Young Conservatives Fight Liberal Injustices With Your Support!

Hi everyone!

Thank you to those who have viewed my introduction speech and to those of you who supported (and continue to do so) us in this ordeal versus Islamofascism and political correctness following the David Horowitz event. I truly appreciate your attention and concern for our likelihood here at UCSD and with Young Americans for Freedom, as with the nation as a whole. It is instrumental that the youth be supported in this grave time in our nation’s history with the takeover of socialists, communists, and progressives.

If you’d like for our cause to be further outreached and grown, please consider donating to our cause at http://www.yaf.com. It is especially difficult to garner any finances in this critical time, and like any promising cause, we need the funds in order to have speakers and the RIGHT perspective at UCSD. Anything you give to us, regardless of the type of support, is greatly appreciated. Please confide in us here at UCSD YAF for curing society’s liberal ills. To combat this evil and fend it off permanently, we need a solid foundation in funds, membership, and support.

Thank you for everything and G-d bless!

Best regards,

Gabriella Hoffman
Chair, YAF at UCSD

Student Admits to Supporting Hamas at Horowitz Lecture

Student Admits to Supporting Hamas at Horowitz Lecture

Permanent link

By Gabriella Hoffman

Planning a high-profile event at any university is always an interesting and noteworthy feat, especially when it falls during a week filled with crazy liberals, anti-Semites, and communists. With this being my first of many speaking engagements, I feel that hosting David Horowitz at University of California-San Diego proved very successful. To my knowledge UC-San Diego has never hosted a well-known conservative figure, albeit the school has recently hosted a parade of high profile liberals including Al Gore, Ralph Nader, and as of late Van Jones.

I mobilized various groups here at UCSD to fund David Horowitz’s speaking event.  Preparations went awry when Tritons for Israel pulled their funding at the last minute. The board members of this group initially voted to pitch in $1000 to help my group, Young Americans for Freedom, to support Mr. Horowitz’s lecture.   However, the Hillel director argued that Tritons for Israel, which she called “a sect” of Hillel, cannot take a stances in supporting speakers from either side of the ideological spectrum. When Horowitz arrived at on campus, he went to meet with the Hillel director about the reversal of their co-sponsorship for his event. Unfortunately, they did not budge and instead adopted a more ambiguous stance by just promoting peace on campus.

Apartheid Wall at UCSDMr. Horowitz toured various parts of my campus, but was particularly drawn to the “Apartheid Wall” erected by the Students for Justice in Palestine and Muslim Students’ Association. When observing the wall filled with its nuances and its false, incriminating lies about Israel, Horowitz and everyone with us were greatly appalled and disgusted by the information presented. When time came for Horowitz to lecture to UCSD and the outside community, the night grew interesting and eventful.

In his speech Mr. Horowitz discussed the problems surrounding Israel and its feat in combating Islamo-fascists. He drew a parallel to the two anti-Israel groups at UCSD to the youth involved in Hitler’s movement to eradicate Jews. His speech went smoothly, yet, the most interesting and equally frightening part of the night comprised the question and answer session.

Horowitz received a question from a member of the UCSD Muslim Student Association, Jumanah Imad Albahri, that during their discussion she revealed that she supported a second Holocaust and is a supporter for Hamas. Mr. Horowitz first read a statement by the founder of Hamas regarding the terrorist organization’s charter, stating that it called for Jews to be rounded up in Israel to meet their undoing. After this, Horowitz asked the student to answer whether she was“for or against” the founder’s statement. She blatantly and unremorsefully answered, “For it.” Video footage of the girl making this remark became an internet sensation, with   conservative blogs and newsmakers like Glenn Beck and Sean Hannity picking it up and exposing the girl for her answer.

Jumanah has issued a statement addressing her comments online. She did not apologize for her remarks but stated how her feelings of nervousness and inability to think cogently reflected the answer to her statement. As a member of the audience and after watching the video, I can say that Ms. Albahri was confident in her remarks and eager to provoke Horowitz and agitate the audience. She also failed to acknowledge her organization’s reaping of $40,000 from UCSD student fees that went towards the MSA and SJP’s hate week and other related activities.

This chilling experience underscores that anti-Semitism is still abundant among radical groups like the Muslim Student Association and Students for Justice in Palestine.  Certain individuals are calling for me to stop efforts to expose Jumanah because appeasement is essentially better in their eyes. Let’s just say that more is to come out of this and I have no regrets in bringing David Horowitz to UCSD.

Gabriella Hoffman will be interning this summer with Young America’s Foundation at the Reagan Ranch Center and she is a conservative activist at the University of California – San Diego.

UCSD Student Code of Conduct- Read It and Know that Hate Speech is Addressed!

UCSD Student Conduct Regulations Approved for Implementation, Date of Last Revision August 29, 2008

22.00. Student Conduct and Discipline: Students are members of both society and the University community, with attendant rights and responsibilities. Students are expected to comply with all laws and with UC Policies Applying to Campus Activities, Organization and Students (“UC Policies”) and UCSD Policies and Procedures Applying to Student Activities, (“these Policies”).

22.10. Introduction: The UCSD Student Conduct Code, Sections 22.00 through 22.23.17.10. of these Policies (this “Conduct Code”), provides authorization for the administration of Student discipline. It enumerates acceptable standards of Student conduct at UCSD. While this Conduct Code does not include all the definitions or terms found in the University Policies, or UCSD Policies and Procedures Manual, including theStudent-related regulations suchs as the Campus Alcohol Use Policy, Time and the Place and Manner Policy, etc., violations of such policies are, nevertheless, governed by this Conduct Code.

22.11. Scope of Application: This Conduct Code applies to Students as the term Student is defined in Section 11.12 of these Policies. It also applies to:

a. Applicants who become Students, for offenses committed as part of the application process;

b. 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 submittal of the application through his or her official enrollment; and

c. Former Students for offenses committed while a Student.

22.12. Jurisdiction: The Regents of the University of California is a corporation that derives authority from the State of California Constitution, Article IX, Section 9, which prescribes its powers of organization and government. This Conduct Code applies to behavior of Students and UCSD registered Student organizations on UCSD/University-owned or leased properties or functions located or conducted on properties that are owned, leased or administered by UCSD/University. In addition, this Conduct Code applies to alleged incidents of hazing as described below in Section 22.16.10.25., regardless of the location (s) of the alleged hazing incidents. All off-campus conduct attributable to UCSD registered Student organizations are also subject to this Conduct Code. Finally, although the University will not routinely invoke its disciplinary processes over student conduct that occurs off campus, the University has discretion under this policy to exercise jurisdiction over conduct that occurs off campus under limited circumstances.

In determining whether or not to exercise off-campus jurisdiction, the University will consider the totality of the circumstances, including (but are not limited to) the seriousness of the alleged misconduct; the impact of the conduct on any member of the campus community or the campus as a whole; whether the alleged victim is a member of the campus community; the ability of the University to gather information, including the testimony of witnesses; and whether the off-campus conduct is part of a continuing course of conduct that occurred either on or off campus.

For example, the campus may choose to exercise jurisdiction over off-campus incidents meeting the above criteria where the alleged misconduct includes, but is not limited to:

  1. rape or sexual assault, any other physical assault, threats of violence, or conduct that threatens the health or safety of any person;
  2. stalking or sexual harassment;
  3. illegal possession or use of weapons, explosives, or destructive devices;
  4. illegal manufacture, sale, or distribution of controlled substances;
  5. hate crimes as defined by California law.

All decisions to exercise off-campus jurisdiction must first be approved by the Vice-Chancellor-Student Affairs who shall have the sole authority to extend jurisdiction under this policy.

22.12.10. UCSD Authority to Impose Discipline: The Chancellor or designee may impose discipline for violations of University policies or UCSD regulations whether or not such violations are also violations of law, and whether or not proceedings are or have been pending in the courts involving the same act(s). Based on the categories listed in the UCSD non-discrimination policy, sanctions may also be increased for violations connected with, arising from, or motivated by bias or hate. 

22.12.10.10. The Chancellor may appoint faculty, Student, or other advisory committees, or hearing officers, as specified in campus regulations, but the final authority for administration of Student discipline rests with the Chancellor.

22.12.10.11. A Student at one campus of the University, who is accused of violation of UC Policies or campus regulations on another campus of the University or at an official function of that campus, shall be subject to the disciplinary procedures of either the former or the latter campus as an outcome of conferral between designees of both campuses. The imposition of any recommendations for disciplinary sanctions arising from these procedures must be reviewed and approved by both campuses before the sanctions are imposed. 

22.12.10.12. If an alleged violation of University policies occurs in connection with an official University-wide function not on a campus, the Student accused of the violation shall be subject to the disciplinary procedures of the campus at which the individual is a Student, except in those cases in which the President of the University directs otherwise.

22.12.10.13. The loss of University employment shall not be a form of discipline under these Policies. However, when Student status is a condition of employment, the loss of Student status will result in termination of the Student’s employment. This section is not intended to preclude the disclosure to other appropriate University officials of information relating to any Students judicial records if that information may be reasonably construed to have bearing on the Students suitability for a specific employment situation. This section is also not intended to preclude an employer from terminating a Students employment outside the disciplinary process. 

22.12.10.14. In imposing discipline other than Suspension or Dismissal, access to housing and health services shall not be restricted unless the act that occasioned the discipline is appropriately related to the restriction. 

22.12.10.15. If, as a result of an official appeal, it is determined that the Student was improperly disciplined, the Chancellor shall, if requested by the Student, have the record of the hearing sealed, and have any reference to the disciplinary process removed from the Student’s record. In such case, the record of the hearing may be used only in connection with legal proceedings. The Chancellor also may take other reasonable actions to ensure that the status of the Student’s relationship to UCSD or the University shall not be adversely affected.

22.12.10.16. The results of any disciplinary action by the University that alleged a forcible or non-forcible sex offense, as defined in 34 CFR 668.46(c)(7), must be disclosed to both the alleged offender and the alleged victim. The scope of information to be provided under this section shall be: (1) the Universitys final determination with respect to the alleged sex offense; and (2) any sanction that is imposed against the alleged offender.

22.13. Notice of Inappropriate Conduct: Whether or not a hearing is conducted, or disciplinary action is taken, UCSD officials may provide brief written notice to a Student that his or her alleged behavior may have violated University policy or campus regulations and that, if repeated, such behavior will be subject to the disciplinary process. The Student shall be given the right to submit a brief written response to the notice which will be retained with a copy of the notice by the UCSD official. Evidence of the prior alleged behavior as detailed in the          written notice, along with the Students written response, may be introduced in a subsequent disciplinary action in order to enhance the penalty. 

22.14. Amendments and Modifications to the Code: Amendments of this Conduct Code may be proposed to the Director, Student Policies and Judicial Affairs (SPJA), for review in accordance with Section 12.11. of these Policies.

22.15. Location of Copies of Student Conduct Code: The text of this Conduct Code can be found at the SPJA website at http://ugr8.ucsd.edu/judicial/. Copies of this Conduct Code shall be made available to Students, without charge, at any of the following offices:

Student Legal Services Office

Student Organizations and Leadership Opportunities Office (SOLO)

College Deans Offices

Resident Deans Offices

Office of Graduate Studies and Research

Office of the Student Conduct Coordinator

Office of Student Affairs School of Medicine

Office of Student Affairs, School of Pharmacy

AS/GSA Advisors Office

22.16. Standards of Conduct: This Conduct Code applies to behavior of Students and UCSD registered student organizations on UCSD/University owned or leased properties or functions located or conducted on properties that are owned, leased or administered by UCSD/University. Students and registered student organizations assume an obligation to conduct themselves in a manner that is compatible with University policies and UCSD rules and regulations. Failure of Students and registered student organizations to conduct themselves in such a manner may subject them to discipline under this Conduct Code.

22.16.10. Grounds for Discipline: Discipline may be imposed for any violation or attempted violation, or aiding or abetting in a violation or attempted violation of any UC Policies or these Policies.  Violations or attempted violations include, but are not limited to, the following types of misconduct:

22.16.10.10. Academic dishonesty matters will be processed as specified in the UCSD Academic Senate Policy on Integrity of Scholarship. All forms of academic misconduct, including, but not limited to, cheating, fabrication, plagiarism, any form of bribery or facilitating academic dishonesty should be reported to the instructor of the course in which the alleged misconduct occurred and to the Academic Integrity Coordinator (AIC). See http://www-senate.ucsd.edu/manual/appendices/app2.htm#AP14

22.16.10.11. All forms of non-academic dishonesty, including, but not limited to, fabricating information, any form of bribery or knowingly furnishing false information or reporting a false emergency to University or UCSD officials acting in the performance of their duties.

22.16.10.12. Forgery, alteration, or misuse of any UCSD or University document, record, key, electronic device, or identification.

22.16.10.13. Theft of, conversion of, damage to, or destruction of any UC or UCSD property or property of others while on UC or UCSD premises, or possession of any stolen property while on UCSD or University premises when the Student had knowledge or reasonably should have had knowledge that it was stolen.

22.16.10.14. Theft or abuse of University computers and other University electronic resources, such as, computer and electronic communications facilities, systems, and services, and use of University computer and electronic communications facilities, systems, or services that violates other University policies or campus regulations, including the Academic Computing Services (ACS) Acceptable Use Policies. Abuses include (but are not limited to) unauthorized entry, use, transfer, or tampering with the communications of others, and interference with the work of others, and with the operation of computer and electronic communications facilities, systems, and services as well as copyright infringement including illegal file-sharing of copyrighted materials.

22.16.10.15. Unauthorized entry to, possession of, receipt of, or use of any UCSD or University properties, equipment, resources, or services, including, the use of UCSDs or the University’s name, insignia, or seal.  See Appendix B Use of the University’s Name.

22.16.10.16. Violation of policies, regulations, or rules governing UCSD or University-owned or -operated or leased housing facilities located on UCSD or University property.

22.16.10.17. Physical assault, or threats of violence, or conduct that threatens the health or safety of any person, including ones self.

22.16.10.18. Battery, defined as any unwanted touching, physical abuse, or fighting including, but not limited to, conduct that results in the injury of another.

22.16.10.19. Sex offenses committed by force or without consent, including, but not limited to, rape, sexual assault or sexual battery.

22.16.10.20. Sex offenses committed without force or by consent, but in violation of law, including, but not limited to, statutory rape and incest.

22.16.10.21. Unlawful conduct of a sexual nature including, but not limited to, indecent exposure, prostitution, voyeurism or loitering for the purpose of soliciting or engaging in any lewd act or conduct.

22.16.10.22.  Sexual Harassment (As defined in UC Policies Section 160.00 and UCSD Policies and Procedures Manual, Section 200-10)

a. In any allegation of a violation of the Sexual Harassment Policy by any Student or registered student organization, UCSD officials must consult with the Office of Sexual Harassment Policy and Prevention, and should consult with the Director, SPJA. Incidents of alleged sexual harassment must be assessed in accordance with UCSD PPM 200-10 PROCEDURES FOR SEXUAL HARASSMENT COMPLAINT RESOLUTION, which is incorporated into the UCSD Policies and Procedures Applying to Student Activities as Appendix G available electronically at http://adminrecords.ucsd.edu/ppm/docs/200-10.pdf.

b. In general, a charge of harassing conduct can be addressed under these Policies only when the University can reasonably be expected to have some degree of control over the alleged harasser and over the environment in which the conduct occurred.  Students suspecting that they are the victim of sexual harassment are encouraged to report the matter to University officials, such as the Dean of Students and the Director of the Office of Sexual Harassment Prevention and Policy. For the purposes of this Conduct Code, an act of sexual harassment is defined as follows:

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a persons employment or education, unreasonably interferes with a persons work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. In the interest of preventing sexual harassment, the University will respond to reports of any such conduct.

Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, coaches, housestaff, students, and non-student or non-employee participants in University programs, such as vendors, contractors, visitors, and patients. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.

In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred. This policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the University community are subject to other University policies, for example, those governing faculty-student relationships are detailed in the Faculty Code of Conduct. While romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy.

Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the Universitys nondiscrimination policies if it is sufficiently severe to deny or limit a persons ability to participate in or benefit from University educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the University may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation.

22.16.10.23. Stalking 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, where the threat is reasonably determined by the UCSD Student Conduct Coordinator (“SCC”) or the appropriate Dean of Students (“Dean”) in consultation with the SPJA Director, to seriously alarm, torment, or terrorize the person, and serves no legitimate purpose.

22.16.10.24. Harassment by a Student of any person.

a.  For purposes of this Conduct Code, (“harassment”):

1.            Is the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities;

2.        Must target a specific person or persons; and

3.      Must be addressed directly to that person or persons.

b. Prior to applying this provision of policy to any Student conduct, UCSD officials must consult with the SPJA Director. The Director, in turn, is required to consult with the Office of General Counsel regarding the proper interpretation and application in light of the specific circumstances.

22.16.10.25. Participation in hazing or any method of initiation or pre-initiation into a registered Student or campus organization or other activity engaged in by such organization or members of such organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any Student or other person.

22.16.10.26. Obstruction or disruption of teaching, research, administration, the disciplinary, process or other UCSD or University activities.

22.16.10.27. Disorderly conduct not involving drugs and alcohol, including, but not limited to, unauthorized gambling, loud and unreasonable noise that serves no legitimate purpose, challenges to fight, or conduct which creates a hazardous condition, excluding alcohol and/or drug induced behavior.

22.16.10.28. Participation in a disturbance of the peace or unlawful assembly including, but not limited to, inciting to riot, rioting, or failure to disperse.

22.16.10.29. Failure to identify oneself to, or comply with directions of, an identified UCSD, University official, or other public official acting in the performance of his or her duties while on UCSD or University property or at official UCSD or University functions; or resisting or obstructing such UCSD or University or other public officials in the performance of, or the attempt to perform, their duties.

22.16.10.30. Disorderly conduct involving drugs and alcohol such as, but not limited to, disorderly conduct induced by alcohol and/or a controlled substance as identified in Federal and State law or regulations, or unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol and/or controlled substances, as identified in Federal and State law or regulations.

22.16.10.31. Possession, use, storage, or manufacture, or attempted possession, use, storage, or manufacture, of fireworks.

22.16.10.32. Possession, use, storage, or manufacture, or attempted possession use, storage, or manufacture, of explosives, firebombs, or other destructive devices.

22.16.10.33. Possession, use or manufacture of a firearm or other dangerous weapons without the prior written approval from the UCSD Chief of Police.

22.16.10.34. Violation of the conditions contained in the terms of a disciplinary action imposed under UC Policies Section 100.00, and these Policies Section 22.00.

22.16.10.35. Violation of orders issued pursuant to these PoliciesSection 21.10. or violation of the conditions contained in a written Notice of Emergency Suspension issued pursuant to these PoliciesSection 21.11., during a declared state of emergency.

22.16.10.36. Selling, preparing, or distributing, for any commercial purpose, course lecture notes or video or audio recordings of any course unless authorized by UCSD or the University in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a Student is a violation of UC, Section 100.00, and these Policies, Section 22.00, whether or not it was the Student or someone else who prepared the notes or recordings.

22.17. Reporting Complaints of Alleged Student Misconduct: Anyone may report any alleged Student misconduct.  Cases involving alleged non-academic misconduct of Student shall be referred to the SCC, or Student Conduct Officer (“SCO”), within one year from the date of incident, unless an exception is made by the Vice Chancellor Student Affairs (“VCSA”) due to extenuating circumstances.

22.17.10. Any conduct believed to violate UCSD regulations and/or Federal or state laws or local/municipal codes should be reported directly to the College Dean or SCO, such as Resident Dean or other university officials, e.g., SCO, UCSD Police, or other law enforcement agencies, or the SCC.

22.17.11. Reports/complaints of misconduct relating to Students enrolled at the same college should be processed within the college. If such allegations and supporting information are presented to an official other than the College Dean or designee, then the allegations and supporting information will be forwarded as received to the appropriate College Dean, or designee, for processing.

22.17.12. Reports/complaints of misconduct involving registered UCSD student organizations, or two or more students enrolled at different colleges, or graduate students, will be coordinated centrally through the SCC’s Office. If such allegations and supporting information are presented to an official other than the SCC then the allegations and supporting information will be forwarded as received to this Conduct Code or designee for processing.

22.17.13. Reports/complaints of misconduct relating to students enrolled at the School of Medicine should be reported to the Associate Dean for          Curriculum and Student Affairs for processing in accordance with the procedures set forth in the UCSD School of Medicine Advisor and Student Handbook, available in the Student Affairs Office at the School of Medicine.

22.17.14. Violations relating to academic dishonesty should be reported to the instructor of the course in which the alleged misconduct occurred and to the Academic Integrity Coordinator (AIC). Academic dishonesty matters will be processed in accordance with the Procedures For The Resolution of Academic Dishonesty Cases set forth in the UCSD Academic Senate Policy on Integrity of Scholarship. See http://www-senate.ucsd.edu/manual/appendices/app2.htm#AP14.

22.18. Roles and Responsibilities for Processing Complaints

22.18.10. Delegation of Authority: All disciplinary matters processed by the Dean, or the SCC, are under the authority of, and direct delegation from the Chancellor through the VCSA.

22.18.11. Roles/Responsibilities of the SCC:

22.18.11.10. The SCC shall coordinate central processing of reports/complaints of alleged misconduct involving registered student organizations, graduate students, Extension students, or two or more undergraduate students enrolled at different colleges.  The SCC shall receive, assess, and investigate all such reports/complaints to determine the applicability, if any, of this Conduct Code to the conduct described therein. If necessary to initiate charges, the SCC will meet with the accused Students, complainant(s), witnesses or others to determine if there are sufficient facts to initiate charges for a violation of this Conduct Code by the accused Student.

22.18.11.11. Upon completion of assessment or investigation of the report/complaint, the SCC shall dismiss the report/complaint or prepare and forward a brief written notice of allegations to the accused Student.  The notice shall include a brief statement of the factual basis of the charges and the University policies or UCSD regulations allegedly violated.  It will also inform the Student of the procedures for processing complaints and of the availability of assistance through the Student Legal Services Office and the A.S. Office of Student Advocacy.  A copy of the notice and the complaint file will be forwarded to the appropriate Dean or SCO for further processing.

22.18.11.12. The SCC or designee shall prepare and present all cases referred by the Dean for formal hearing.

22.18.11.13. The SCC shall have oversight responsibilities for the administration of all Student conduct cases, including, but not limited to, the compilation, reporting and maintenance of statistical data.

22.18.11.14. The SCC shall be responsible for the logistical arrangements of hearings for cases referred to the SCC by the Dean.

22.18.11.15. The SCC, in conjunction with the Council of Deans or designee, the Student Legal Services Director, and the A.S. Commissioner of Student Advocacy will be responsible for the training of hearing board members.

22.18.12. Roles/Responsibilities of the Dean of Student Affairs: The term dean (“Dean”) as used in this Conduct Code means the Dean of Student Affairs or designee of the college where the accused Student is enrolled or registered or, in the case of graduate students, the Assistant Dean for Student Affairs of the Office of Graduate Studies and Research or, in the case of medical students, the Associate Dean for Curriculum and Student Affairs of the School of Medicine or, in the case of pharmacy students, the Associate Dean for Student Affairs at the School of Pharmacy or, in the case of UCSD Extension, the Associate Vice Chancellor for Public Programs or designee.

22.18.12.10. When complaints of alleged misconduct are reported directly to the Dean, the Dean shall assess the complaint(s)/reports of alleged Student misconduct involving Students from her/his jurisdiction.  The Dean shall conduct an informal investigation as deemed necessary to determine if there are sufficient facts to support the charge that a violation of this Conduct Code by the accused Student may have occurred, and schedule a meeting with the Student to attempt to reach an informal resolution.  The Dean may also refer the case to a hearing body or hearing officer for a formal hearing or, in her/his discretion, to the Resident Dean, SCC, or other SCO for disposition in accordance with this Conduct Code.

22.18.12.11. Upon completion of assessment or investigation of the report/complaint, the Dean shall either dismiss the report/complaint or prepare and forward a brief written notice of allegations to the accused Student.  The notice shall include a brief statement of the factual basis of the charges and the University policies or UCSD regulations allegedly violated. It will also inform the Student of the procedures for processing complaints and of the availability of assistance through the Student Legal Services Office and the A.S. Office of Student Advocacy.  When appropriate, a copy of the notice and the complaint file will be forwarded to the appropriate Dean, or SCO, for further processing. The notice shall comply with Section 22.17 of this Conduct Code.

22.18.12.12. The Dean or SCO shall be responsible for the maintenance of disciplinary files, the imposition and administration of sanctions, and the provision of the statistical data to the SCC for the compilation, reporting and maintenance of statistical data on Student misconduct.  Note that PPM 160-2 describes the policies and procedures regarding the circumstances under which Student records may be released and PPM 480-3 describes the policies and procedures regarding the disposition or destruction of records.

22.18.12.13. When cases of alleged misconduct are forwarded from the SCC to the Dean, the Dean will schedule a meeting with the accused Student to review the Student conduct procedures and explore informal resolution.

22.18.12.14. If the accused Student accepts responsibility, the Dean shall then impose sanction(s) as deemed appropriate.

22.18.12.15. If a Student does not accept responsibility, or if informal resolution is not reached, the Dean shall refer the matter to a formal hearing before an appropriate hearing body, or a hearing officer, or return the complaint file to the SCC for disposition as deemed appropriate by the Dean.

22.18.12.16. If, upon the completion of a formal hearing, the accused Student is found responsible by a hearing board or hearing officer, the complaint will be forwarded to the appropriate Dean for imposition of sanction(s).

22.18.12.17. On a rotating basis, a Dean will be designated to serve as the advisor and support staff resource for the Campuswide Judicial Board for a term of two (2) years.

22.18.12.18. The Dean will notify the SCC of the final disposition of all cases at the end of each academic quarter for the compilation, reporting and maintenance of statistical data.

22.19. Procedures for Processing Complaints: These procedures are intended to promote a fair and impartial process.

22.19.10. Notice To Student: Within twenty (20) academic days from the date received, unless circumstances make this unreasonable, the Dean shall determine whether the complaint will be dismissed or will be processed and, if processed, notify the Student either in writing, by U.S. Mail sent to the current address of record at the UCSD Registrar’s Office, or by sending the notice to the Student’s UCSD e-mail address, of the following:Â

22.19.10.10. A brief statement of the factual basis of the charges, including the time, date, and place the conduct is alleged to have occurred, and the University policies or UCSD regulations allegedly violated, and

22.19.10.11. The Student conduct procedures, which may be accomplished by enclosing a copy of these procedures or by providing the URL of this Conduct Code published on-line, and a copy of the Essential Information document containing a summary of these procedures, including the process for the accused Student to access evidence that will be used at a hearing against the Student, and noting the availability of copies of this Conduct Code as described in Section 22.15 of this Conduct Code, and

22.19.10.12. The availability of assistance through Student Legal Services and the A.S. Office of Student Advocacy; and

22.19.10.13. A statement clearly indicating the number of days the Student has to respond to this notice, within ten (10) academic days per Section 22.19.11., below, and the name, telephone number and relevant contact information of the Dean the accused Student is required to contact.

22.19.11. Student Response: The Student has ten (10) academic days from the date appearing on the letter of notification to contact the Dean, or SCO, for the purpose of scheduling an initial interview.

22.19.12. Student Failure To Respond: The Dean may continue to process the case to final disposition in accordance with these regulations, up to and including imposing sanctions, if, after diligent efforts by the Dean to contact the Student, such as attempted phone and e-mail contact, the Student fails to respond or refuses to participate in or cooperate with the disciplinary process, including, but not limited to, withdrawal from the course, or from UCSD, or failing to re-register while his/her case is pending. Where the Student has withdrawn or failed to re-register, the Dean’s decision imposing sanctions shall take effect immediately and/or upon the Student’s re-enrollment, as appropriate. The Student who is subject to such sanction may appeal the decision as provided for in Section 22.20., below. Any such appeal must be in writing and set forth reasonable grounds for the Student’s non-cooperation or failure to respond to the notice from the Dean or the failure to re-register during the original process. The College Provost, the Graduate Dean, or the Dean of School of Medicine, or the Associate Vice Chancellor for Public Programs, may affirm the original sanction for his/her respective Student, or may refer the case back to the appropriate Dean for processing in accordance with this Conduct Code as described beginning in Section 22.19.13., below.

22.19.13. Meeting with the Dean or SCO to Explore Informal Disposition of the Complaint of Student Misconduct: Whenever possible, matters relating to alleged Student misconduct should be resolved informally. Formal hearing procedures shall be used when informal resolution is either not possible or appropriate, or when requested by a Student. In addition, the Dean may, in her/his judgment and discretion, determine that the matter should be submitted directly to the formal hearing process or referred to the SCC for further review and/or investigation.

22.19.14. Initial Meeting/Interview between the Dean or SCO and the Accused Student: The Dean or SCO shall make diligent efforts to meet with the Student to explore informal resolution of the charge(s). At this initial meeting, the Dean or SCO shall;

22.19.14.10. Describe to the Student the factual basis of the charges and the University policies or UCSD regulations allegedly violated, hear the Student’s response to the allegations, and counsel the Student as appropriate.

22.19.14.11. In accordance with UCSD policies relating to the disclosure of University/UCSD records, provide the Student with access to and, if requested by the accused Student, provide copies of documents in the possession of the Dean, including police reports that are to be used as evidence.

22.19.14.12. Provide the Student a written Informal Resolution Agreement of the proposed sanction(s) to be imposed by the Dean.

22.19.14.13. Determine whether the matter should be referred to a hearing board or a hearing officer for formal hearing, or referred to the SCC for further inquiry.

22.19.15. Informal Resolution:

22.19.15.10. Informal resolution is entirely voluntary, intended to promote open dialogue between deans and Student.  Any statement made by the Student to the dean during the informal resolution process regarding the violation(s) at issue may not be used at the formal hearing concerning those violations against that Student. The accused Student may also choose to be assisted by a student advocate appointed by the ASUCSD Commissioner of Student Advocacy from a pool of Student advocates who shall be trained jointly by the SCC and the Director of the Student Legal Services Office. The student advocate may serve as the advisor, consultant and resource person with whom the accused may confer during the meeting.

22.19.15.11. Matters resolved in ormally will be confirmed in writing by the Dean and incorporated into an Informal Resolution Agreement.  A copy of this agreement will be provided to the Student at the informal resolution meeting. The Informal Resolution Agreement will become effective after the fifth (5th) academic day from the date of the Agreement.

22.19.15.12. The Student may, at any time prior to the effective date of the Informal Resolution Agreement, exercise her/his right to a formal hearing by submitting a written request for a hearing to the Dean or SCO.

22.19.15.13. If the Student chooses to accept the informal resolution, but disagrees with the proposed sanction(s), the Student may submit a written request for reduction of the sanction(s) prior to the effective date of the Informal Resolution Agreement.  The written request for reduction of the sanction(s) must be submitted to the appropriate UCSD official as listed in Sections 22.20.10 through 22.20.13., below.

22.19.15.14. Cases arising out of the residence halls that require a formal hearing may be forwarded to residential life judicial board(s) if in existence; otherwise they shall be referred to the college judicial board or a hearing officer at the discretion of the College Dean. These procedures will be viewed as an alternative component of the college-based formal resolution process.  In such instances, the processing of these cases must adhere to the provisions of the UCSD this Conduct Code up to, and including, Section 22.22., below.

22.19.16. Formal Adjudication:

22.19.16.10 Jurisdiction

a. College Judicial Board

1.            The College Judicial Boards will have jurisdiction to hear all non-academic misconduct cases, forwarded by the College Dean, involving Students from their respective college.

2.      College Judicial Boards will not hear cases involving disciplinary action against a registered student organization, graduate students, two or more students from more than one jurisdiction, and Extension students who are not concurrently enrolled; disputes regarding the constitution, by-laws, or other operating documents of the University Centers Advisory Board (UCAB), ASUCSD, the Graduate Student Association; or matters regarding suspected or alleged violations of the UCSD Policy on Integrity of Scholarship.

3.     The composition of the college judicial board shall be determined by the dean of the college in which it operates. The college judicial board is to conduct hearings as set forth in Section 22.17.16.16 of these regulations.

b. Campuswide Judicial Board

1.          Campuswide Judicial Board will have jurisdiction to hear any non-academic misconduct matter referred to it for formal hearing, including, but not limited to, cases involving graduate Students, registered student organizations, or two or more Students from more than one jurisdiction, e.g., two or more colleges, or one college and OGSR, or a college and University Extended Studies, etc.

2.            Campuswide Judicial Board shall be composed of the chair of each college judicial board, and two members appointed by the Graduate Student Association. One (1) member will serve as the non-voting chair, who shall be elected by the existing Campuswide Judicial Board each Spring for a one-year term beginning the following Fall Quarter.  The Dean of the Student elected chair shall appoint a Student to serve on the judicial board as a voting member in place of the Student elected chair. A College Dean appointed by the Council of Deans (“COD”) will serve as an advisor to this board and shall be present during any proceedings.

3.             In the event of the unavailability of a full complement of voting members, formal hearings conducted by the Campuswide Judicial Board may be conducted by less than a full board, but by no fewer than five (5) voting members, plus the chair.

4.             The Dean advising the Board shall not be the Dean of the accused Student.

c.  The Dean, or the Director, SPJA in appropriate cases, in the best interests of a fair and timely hearing, may appoint a hearing officer in lieu of a judicial board.

d. If it becomes necessary for a hearing to be held during the summer session, any vacation period, or whenever it is deemed appropriate, the Dean or the Director, SPJA may appoint additional temporary members to an existing hearing body(ies) to replace unavailable members, allow the hearing to proceed with less than a full judicial board, appoint an ad hoc hearing body, or appoint a hearing officer to conduct the hearing.

22.19.16.11.  Procedures for Conducting the Hearing:

a. This subsection outlines the procedures that apply to non-academic misconduct disciplinary hearings. Specific rights or privileges listed in this subsection may be waived by the person(s) or party to whom they apply. The purpose of these procedures is to fairly determine the facts so that an appropriate decision can be made and, if the student is found to be responsible for the alleged misconduct, an appropriate disciplinary sanction can be imposed. .

b. Notice Requirements: Unless the matter has been dismissed, the Dean, or the SCC in appropriate cases, shall prepare a written notice of the hearing.  This notice shall be delivered in person to the accused Student or sent by U.S. Mail to the current address of record at the UCSD Registrar’s Office. In addition to personal delivery or by U.S. Mail, the Dean, or the SCC in appropriate cases, shall send the notice to the UCSD email address for the accused Student. The notice should include:

1.         A statement of the factual basis of the charges and, when known, the time, date, and place the alleged misconduct to have occurred.

2.         The University policies and/or UCSD rules/regulations alleged to have been violated.

3.         A statement that a hearing has been scheduled before the appropriate hearing body, e.g., College Judicial Board, or a hearing officer, and the time and place of the hearing. If the time and place of the hearing is not known, the notice shall include a statement indicating that a subsequent notice will be sent specifying same.

c.  It shall be conclusively presumed that the notice of hearing was received by the Student if it was sent to the Student in the manner specified in Section 22.19.16.11.b., above. 

22.19.16.12.  Setting A Hearing:

a. The hearing shall be scheduled no sooner than ten (10) academic days from the date of the notice of hearing. The hearing may be held during the summer or a vacation period, if circumstances warrant. Objections to the time, date, or place of the hearing must be made in writing by the Student to the Dean or the SPJA Director in appropriate cases, no later than two (2) academic days prior to the date of the hearing.

b. The accused Student may request a hearing before a hearing board. If the Dean, or the Director, SPJA, deems this an appropriate request, he/she shall make all reasonable efforts to accommodate the request before scheduling a hearing before a hearing officer. Consideration shall be given to issues of complexity, confidentiality and need for privacy.

22.19.16.13. Advocates and Attorneys:

a. In all formal hearings, the accused Student may choose to be represented by a student advocate appointed by the ASUCSD Commissioner of Student Advocacy from a pool of student advocates whom the SCO and the Director of the Student Legal Services Office shall train jointly. The student advocate may serve as the advisor for the accused and may represent the accused Student in hearing, but will be expected to comply with all procedural requirements, including, but not limited to, time, place and date requirements. In the alternative, the Student may choose to be assisted by an attorney or any other person with whom the Student may confer prior to or during the hearing. However, only the accused Student or designated student advocate may take a direct part in hearing. An attorney or any other person assisting the accused Student will be expected to comply with all procedural requirements, including, but not limited to, time and date requirements. An attorney, a student advocate or any other person may also assist the Student in preparing an appeal.

b. The accused Student must inform the Dean, or SCC in appropriate cases, at least five (5) academic days prior to the date of the hearing, of his/her intent to have an attorney or anyone other than the designated student advocate (as established in subsection a) be present at the hearing.

c. Where a Student exercises his/her right to be assisted by an attorney, the Dean, or the SPJA Director in appropriate cases, may refer the matter (or re-refer) for hearing by a hearing officer. The hearing officer may also be appointed to serve as the presiding officer if the hearing is to be conducted before a hearing body as directed by the Dean, or the SPJA Director in appropriate cases. The term (“Presiding Officer”) as used in this Conduct Code shall mean the official appointed to conduct the hearing, either as the hearing officer or as the chair of the hearing body who will conduct the hearing, and make rulings on any motions or procedural matters raised in connection with the hearing.

22.19.16.14.  Access to Evidence By The Accused:

a. Upon request by the accused Student, and in accordance with UCSD policies relating to disclosure of University records, e.g., PPM 160-2, or PPM 480, etc., the Dean or designee, or SCC in appropriate cases, shall provide the accused Student, or their authorized representative, information which will be presented at the hearing, including copies of documents as provided in the UCSD student records policies mentioned above.

b. In compliance with applicable UCSD and University records policies such as, but not limited to, PPM 160-2, the UCSD official preparing and/or presenting the case against the Student shall provide the accused Student, or the Student’s authorized representative, access to any exculpatory information in their possession that is related to the accusations.

22.19.16.15.  Pre-Hearing Conference:

a. Any party to the hearing may request a pre-hearing conference by submitting such a request in writing to the presiding officer, the Dean, or SCC in appropriate cases, at least five (5) academic days prior to the date of the hearing. The presiding officer, the Dean, or the SPJA Director in appropriate cases, may also schedule a pre-hearing conference on his or her own initiative.

b. At the pre-hearing conference, rulings may be made requiring the UCSD representative and the accused Student to submit the list of witnesses, exhibits, and the general facts to which witnesses will testify during the hearing. (The presiding officer may exclude from the hearing testimony that he/she deems irrelevant, or unnecessarily repetitive, and may make other rulings, as he or she deems necessary, to assure that the hearing is conducted fairly and efficiently.)

c. During the pre-hearing conference, the presiding officer may solicit and rule upon any challenges under Section 22.19.16.16., below.

22.19.16.16.  Hearing Procedures:

a. Hearings will normally be treated as confidential and closed to the public unless othe wise agreed to by all accused Student and participating individuals, including witnesses.

b. The request to have the hearing be open to the public shall be submitted in writing to the hearing board chairperson, hearing officer, Dean, or SCC in appropriate cases, at least five (5) academic days prior to the date of the hearing.

1.                  If the hearing is to be open, the presiding officer, at her or his discretion, will schedule the hearing in a room that provides reasonable space to accommodate the participants in the hearing, including UCSD officials as well as members of the general public.

2.                  In the event of interference with the orderly progress of a hearing, the presiding officer may adjourn the hearing and reconvene it as a closed hearing, or may exclude the public, except representatives of the public press and student press. The presiding officer may make any other reasonable orders concerning the conduct of the hearing.

c. Members of the hearing body or the hearing officer shall have no involvement with the participants in the hearing in this case, or in any other case of misconduct involving the accused Student, or in any other academic or non-academic relationship if such involvement or relationship would interfere with the hearing officer’s or hearing board member’s ability to render a fair and impartial judgment or give the appearance of bias.

1.         A member of the hearing body or the hearing officer shall disqualify himself/herself if he/she believes that, for any reason, he/she cannot render a fair and impartial decision.

2.         Any party to the hearing may challenge a member of the hearing body or the hearing officer for stated reasons. Such challenges must be made prior to the start of the hearing or immediately upon the discovery of the basis for such a challenge.

3.         The presiding officer may disqualify the challenged member (or himself/herself, if he/she is challenged) or may overrule a challenge. Reasons for refusing a challenge shall appear in the record.

4.         In the event disqualifications prevent the convening of the hearing, the accused Student may waive the right to have the required number of members of the hearing board present and allow the hearing to precede.  Otherwise, the appropriate Dean, or the SPJA Director in appropriate cases, shall appoint sufficient alternates who shall serve for the balance of the proceedings. Alternate hearing board members will be selected by someone other than the UCSD official presenting the case.  A hearing officer may be appointed to conduct the hearing in the event that sufficient board members are not available for the hearing. The hearing may be rescheduled to accommodate this need.

d. The accused Student is entitled to be present throughout the hearing. He/she may, however, elect not to appear at the hearing. Failure to appear at the hearing shall not be cause to cancel, postpone, or reschedule the hearing. In such an instance, the hearing shall be conducted in accordance with these regulations. With the signed consent, and authorization of the accused Student, an authorized representative may appear at the hearing in lieu of the accused Student.

e. The hearing body or hearing officer shall receive and consider oral and documentary evidence of the kind on which responsible persons are accustomed to rely in serious matters. Formal rules of evidence, such as, but not limited, to those contained in theCalifornia Evidence Code, do not apply.

f. Constitutional or other legal objections made at the hearing shall either be disposed of promptly by the presiding hearing officer or referred to UCSD Campus Counsel or designee for determination. However, such referral shall not cause undue delay or dismissal of the proceeding.

g. Both the UCSD representative and the accused Student shall have the right to present witnesses and confront and cross-examine those witnesses present at the hearing. Any member of the panel or the hearing officer may also question witnesses. Questions from the panel members shall be limited to clarification of the information presented by the parties to the hearing or provided by the witnesses during their testimony before the hearing board.  The presiding officer may require, or either party may request, that questions for the witnesses be submitted through the presiding officer, who will then ask the questions to the witnesses, unless the questions are inappropriate.

1.         By testifying at the hearing, a witness agrees to submit to cross-examination.

2.         No witness may be compelled to incriminate or bear witness against himself/herself.

3.         Where a witness is or may become unavailable to testify at a hearing, the presiding officer may accept written, telephone, video, or audio recorded statements as evidence in the absence of such witness. Such evidence should receive only that weight which may reasonably be accorded to testimony not subjected to cross- examination.

4.         Witnesses shall be excluded from the hearing, except during the time they are actually giving their testimony.

h. The accused Student may remain silent and his/her silence shall not be taken as inference of guilt.

1.         The Dean’s or SCC’s staff will make a record of the hearing by arranging for the audio or video recording of the hearing, or by keeping written minutes summarizing the hearing.

2.         The record of the proceedings shall be kept by the Dean, or SCC in appropriate cases, and a copy will be provided to the accused Student upon request in accordance with the UCSD student records policy as implemented by PPM 160-2.

3.         At the expense of UCSD, a video or audio recording of the hearing, but not the deliberations, may be made and, if so, must be retained as a part of the permanent record maintained by the Dean, or SCC in appropriate cases.

4.         The accused Student may, at his/her own expense, arrange for the making of a full transcript of the proceedings by a stenographer present at the proceedings or to transcribe any recording. However, the accused Student must submit a written request to the presiding officer, the Dean, or SCC in appropriate cases, at least five (5) academic days prior to the          hearing. In addition, the transcript shall be considered to be a UCSD document subject to the UCSD student records policy and regulations.

5.         If either party makes a transcript, copies shall be made available to the other party for the cost of the copy or ten cents per page, whichever is less.

6.         The failure to record all or part of a proceeding, whether because of a malfunctioning recorder or other reason or reasons, shall not be grounds for invalidating the proceeding or any part thereof.

i. Other than for the purpose of the official record as provided for in Section 22.19.16.16.h., above, mechanical, electronic, or other devices for recording or broadcasting shall be excluded from the hearing.

j. Hearings shall be concluded with reasonable speed so as not to create unnecessary hardship for the hearing body, the accused Student, the UCSD representative(s), or the witnesses.

k. Deliberations of the hearing officer or hearing body shall always be confidential and conducted in private and out of the presence of the public, the accused Student and UCSD officials presenting the case and all others present who are not members of the hearing body.

l. The findings and recommendations of the hearing body or hearing officer shall be based solely upon evidence presented at the hearing prior to the commencement of deliberations by the hearing body.

m. Findings and recommendations of the hearing officer or hearing body shall be based on the “preponderance of the evidence” standard defined as follows:

“Preponderance of the evidence is generally that evidence which, when fairly considered, produces the stronger impression and has the greater weight, and is more convincing as to its truth when weighed against opposing evidence.”

n. The decision of the hearing body shall be determined by a simple majority of voting members. Abstentions are not permitted in the voting process.

22.19.16.17.  Report by Hearing Officer/Hearing Body:

a. Presiding Officer’s Report: Within ten (10) academic days after the conclusion of the hearing, the hearing body, through its presiding officer, shall submit a report to the Dean or the SPJA Director in appropriate cases. The Dean, or SPJA Director, may for good cause, extend the time for submitting the report.  The responsibility of the hearing board, or a hearing officer, is only to determine whether the accused Student violated this Conduct Code, as charged. In appropriate cases, however, the Dean or SPJA Director may request recommendations as to any sanction(s) to be imposed. The report shall include findings as to each of the charges and, when requested, recommended sanction(s) based on the findings.

b. Action on the report: Within five (5) academic days after receipt of the hearing body’s or hearing officer’s findings, when the Student is found not responsible, the Student will be given notice of this fact by the Dean that the matter will be dismissed without any further consequence to the Student. When the Student is found responsible, the Dean has the following options:

1.                  Accept the report and impose a sanction, or

2.                  Return the report to the Presiding Officer of the hearing for reconsideration and/or clarification.

22.19.16.18.  Time limits: Upon a showing of good cause, time limits specified in these procedures may be altered by the presiding officer or SPJA Director The interest of justice, including, but not limited to, prejudice to the accused shall be considered.

22.20. Sanctions

22.20.10. Types of Student Disciplinary Action: When a Student is found in violation of University policies or campus regulations, any of the following types of Student disciplinary action may be imposed. Any sanction imposed should be appropriate to the violation, taking into consideration the context and seriousness of the violation.

22.20.10.10.  Warning/Censure: Written notice or reprimand to the Student that a violation of specified University policies or UCSD campus regulations has occurred, and that continued or repeated violations of University policies or UCSD campus regulations may be cause for further disciplinary action, normally in the form of Disciplinary Probation, and/or Loss of Privileges and Exclusion from Activities, Suspension, or Dismissal.

22.20.10.11.  Loss of Privileges and Exclusion from Activities: Exclusion from participation in designated privileges and activities for a specified period of time. Violation of any conditions in the written notice or disciplinary sanctions, or violation of University policies, or UCSD regulations during the period of the sanction may be cause for further disciplinary action, normally in the form of Probation, Suspension, or Dismissal.

22.20.10.12.  Residential Probation: Written notice to the Student that, for the duration of a specified period of time, any violation of University policies, UCSD regulations, or residential rules may be cause for further disciplinary action. Such action would normally take the form of termination of the Housing Contract plus any “guarantee” of future on-campus domicile, and/or visitation rights within UCSD residential facilities, and/or the imposition of Non-Academic Disciplinary Probation, Suspension, or Dismissal.

22.20.10.13.  Non-Academic Disciplinary Probation: A status imposed for a specified period of time during which a Student must demonstrate          conduct that conforms to University standards of conduct. Conditions restricting the Student’s privileges or eligibility for activities may be imposed. Misconduct during the probationary period or violation of any conditions of the probation may result in further disciplinary action, normally in the form of Suspension or Dismissal.

22.20.10.14.  Suspension: Termination of UCSD Student status for a specified period of time with reinstatement thereafter certain provided that the Student has complied with all conditions imposed as part of the suspension, and provided that the Student is otherwise qualified for reinstatement. Violation of the conditions of suspension or of University policies or UCSD regulations during the period of suspension may be cau e for further disciplinary action, normally in the form of Dismissal. When the Student is suspended, the fact that suspension was imposed must be posted on the transcript for the duration of the suspension.

22.20.10.15.  Dismissal: Termination of Student status for an indefinite period. Re-admission to the University shall require the specific approval of the Chancellor of the campus to which a dismissed Student has applied, and may be granted only under exceptional circumstances. When the Student is dismissed, the fact that dismissal was imposed must be posted on the transcript for the duration of the dismissal.

22.20.10.16.  Exclusion from Areas of the Campus, or Official UCSD or University Functions: Exclusion of a Student as part of a disciplinary sanction from specified areas of the UCSD campus or other University-owned, -operated, or -leased facilities, or other facilities located on UCSD or University property, or from official UCSD or University functions, when there is reasonable cause for UCSD or the University to believe that the Student’s presence there will lead to physical abuse, threats of violence, or conduct that threatens the          health or safety of any person on UCSD or University property, or at official UCSD or University functions, or other disruptive activity incompatible with the orderly operation of the UCSD campus.

22.20.10.17. Restitution: A requirement for restitution in the form of reimbursement may be imposed for expenses incurred by the University or other parties resulting from a violation of these policies. Such reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Restitution may be imposed on any Student who alone, or through group or concerted activities, participates in causing the damages or costs.

22.20.10.18.  Interim sanctions: Exclusion from classes, or from other specified activities or areas of the UCSD, as set forth in the Notice of Interim Suspension, before final determination of an alleged violation. A Student shall be restricted only to the minimum extent necessary when there is reasonable cause to believe that the Student’s participation in UCSD or University activities or presence at specified areas of UCSD will lead to physical abuse, threats of violence, or conduct that threatens the health or safety of any person on UCSD or University property or at official UCSD or University functions, or other disruptive activity incompatible with the orderly operation of UCSD. A Student placed on interim suspension shall be given prompt notice of the charges, the duration of the Interim Suspension, and the opportunity for a prompt hearing on the interim suspension. Under a delegation of authority from the Chancellor, theVice Chancellor of Student Affairs shall review the interim suspension within 24 hours. If a Student is found to have been unjustifiably placed on interim suspension, UCSD is committed to a policy whereby reasonable efforts are taken to assist an individual who has been disadvantaged with respect to employment or academic status.  The Chancellor may impose interim suspension on any Student at any time as described in Section 21.11. of these regulations.

22.20.10.19.  Other Sanctions: Other disciplinary actions, such as but not limited to, those listed below, may be imposed as deemed appropriate by the Dean or other designated University official.

a. Special Assignments (Compensatory Service): Assignment of labor, duties, counseling education programs, or other responsibilities as deemed appropriate by the Dean.

b. Fines: Fines may be imposed in appropriate cases. The proceeds from fines levied against Students may be used to finance seminars, lectures, publications, etc., to educate the UCSD Student body about judicial procedures and other legal rights and responsibilities.

c. De-registration: Registered student organizations, or college organizations may, after notice of charges and an opportunity to be heard, be required to forfeit their registered status with the accompanying loss of rights and privileges. Such forfeiture shall remain in effect for the period of time specified in a Notice of Suspension or Cancellation of Registered Status. 

22.21. Imposition and/or Review of Sanctions and Notice of Final Disposition: All sanctions may be imposed either exclusively or in combination with other disciplinary action. Upon the imposition of any sanction, the appropriate Dean shall immediately notify the Student of the sanction.

22.22. Appeals: Students may appeal the decision or the sanction(s) as described in this section.

22.22.10. Undergraduate Students: Appeals of decisions rendered by a college judicial board or Hearing Officer may be made to the College Provost. Appeal of disciplinary action by the College or Resident Dean goes directly to the College Provost.  Appeals of decisions rendered by the campuswide judicial board or Hearing Officer involving two or more Students from two or more jurisdictions may be made to the Council of Provosts.

22.22.11. Graduate Students: Graduate Students may appeal to the Dean of the Graduate School.

22.22.12. Medical Students: Medical Students may appeal to the Dean of the School of Medicine.

22.22.13. Student Organizations: Student organizations may appeal to the Vice Chancellor-Student Affairs.

22.22.14. Extension and Summer Session Students: Extension and Summer Session Students, not concurrently enrolled at UCSD, may appeal to the Associate Vice Chancellor for Public Programs.

22.22.15. Time for Appeals: All appeals must be made in writing within seven (7) academic days after the date of the notice of the decision has          been sent.

22.22.16. Grounds for Appealing the Decision: If the Student wish(es) to appeal the decision rendered at the formal hearing, the Student must submit the appeal as described in Sections  22.22.10 through 22.22.15., above, and only on the following grounds:

22.22.16.10. The decision is not supported by the findings.

22.22.16.11. There was unfairness in the proceedings such as, but not limited to, the denial of due process that prejudiced the result.

22.22.16.12. There is newly discovered important evidence not known at the time of the hearing.

22.22.17. Appealing the Sanction(s): If the Student accept(s) the decision rendered at the formal hearing, but wish(es) to appeal the sanctions, the Student must submit written request for reduction of the sanctions within seven (7) academic days from the date of the Dean’s written notification of the sanctions. Requests for reduction of the Dean’s sanctions must be submitted to the appropriate UCSD official as listed in Sections 22.22.10 through 22.22.14., above.

22.22.18. Decision on Appeal: The College Provost, Dean of the School of Medicine, Graduate Dean, VCSA, or the Associate Vice Chancellor for Public Programs, as appropriate, may;

22.22.18.10. Deny the appeal, or request for reduction of sanctions, or

22.22.18.11. Grant the appeal or request for reduction of sanctions, in whole or in part, and

a. Send the case back for re -hearing, or

b. Modify the Sanction(s) as she/he deems appropriate

c. Dismiss the case in its entirety.

22.22.18.12. Direct such other relief as he/she deems appropriate.

22.22.19. Notice of the decision on the appeal shall be provided to the Student within ten (10) academic days from the date of the request for appeal or request for reduction of sanctions.

22.22.20. Final review of the denial of the appeal by the provosts or appropriate Vice Chancellor: The request for final review of the denial of the appeal by the provost or appropriate Vice Chancellor must be submitted in writing within seven (7) academic days from the date of the notice of decision of the appeal. The final decision regarding the denial of the appeal may be reviewed by the  VCSA or Chancellor, as appropriate, based solely upon:

22.22.20.10. The reports submitted by or through the Provost, or the appropriate Vice Chancellor as indicated in Section 22.22.18, and,

22.22.20.11. Any written argument submitted by the accused Student based solely on the record of the hearing.

22.22.21. Decision by VCSA/Chancellor: Written notification of the decision by the VCSA/Chancellor shall be mailed to the concerned parties no later than twenty-six (26) academic days after receiving the Provost’s appropriate Vice Chancellor ‘s report mentioned in Section 22.22.20.10., above.

Don’t Let Political Correctness Run Amok at UCSD! Say “NO” to Anti-Semitism and Talks of Genocide

Please sign this to prevent any talks of genocide to any group, whether Jewish, Armenian, etc. But this is a response of the MSA girl wanting death to the Jews. This was a threat and should not be judged otherwise. Encourage family and friends to sign.

http://www.thepetitionsite.com/petition/949/723/640

Follow

Get every new post delivered to your Inbox.

Join 280 other followers