University of California, Education Abroad Program
Director’s Manuel
STUDENT CONDUCT AND DISCIPLINE
500.00
Student Conduct and Discipline, General
A student participating in EAP assumes a dual status as a UC student and as a student of the host university. EAP participants, therefore, must be informed of the student conduct policies of UC, the host university, and laws of the host country relevant to their student status.
500.01
Student Conduct, Host Institution Policies
The Study Center Director should make sure that copies of the host university policies concerning student conduct and discipline are made available to EAP students. Directors should also inform students of the laws of the host country concerning traffic violations, political activities, illegal drugs, etc., and of the consequences of infractions in these cases. If possible, copies of relevant host country laws and policies should be sent to UOEAP International Academic Programs with translations attached.
500.02
Student Conduct and Discipline, UC Policies
The Director should also make sure that EAP participants have access to a copy of the booklet entitled "Policies Applying to Campus Activities, Organizations, and Students, UC." This is a UC systemwide document updated and revised in August, 1994.
Most cases of misconduct for which UG students are subject to discipline, including dismissal from the Program, and for which UC readmission may be denied, fall into the types enumerated in Section 100.00-106.00 in the policy handbook noted above.
500.03
Student Conduct and Discipline, Student Agreement
Before departure, EAP students, by signing their agreement with the Regents (see Section 500, Agreement 1) acknowledge their understanding that their conduct while abroad has international implications for UC. The Student Agreement states:
"It is understood between the parties hereto that the international implications of this Agreement are such that the conduct of Student during the course of the Program is of utmost importance. Student, therefore, agrees to conform to standards of conduct consistent with the maintenance of the reputation of the Host University and the University of California, including regular attendance in all classes for which student is registered, and to conform to all applicable rules, regulations, and policies of each institution. Misconduct abroad refers to Student's actions which in the judgment of the Study Center Director and/or other officials of EAP, jeopardize Student's own welfare or that of fellow students and/or the Program. Such actions include, but are not limited to, the following: the use of physical or verbal violence, violating the laws of the country or host university, openly abusing the customs and mores of the community, and unauthorized absences from the Study Center."
The Study Center Director should remind participants that some kinds of student conduct abroad may result in serious consequences. This is particularly the case in countries where an international incident might arouse popular sentiments, so that UG students could become targets for anti-American feelings. While, for example, student participation in a demonstration or strike might cause physical harm to the student, it might also be harmful to UC's relationship with the host country and university. One effect of the latter consequence is that disciplinary action could be taken by UOEAP even if no action is taken or requested by the host university (refer to Section 100.00-106.00 of the policy handbook noted in Section 500.02).
500.04
Substance Abuse
Student use or possession of controlled substances may be punishable by severe penalties. Students caught with illegal drugs are subject to local laws. In addition, personal involvement or association with others involved with drugs of any kind is considered misconduct abroad and a direct violation of the Student Agreement (see Section 500, Policy 1). Students receive a copy of EAP's Substance Abuse Policy in their Student Guide (see Section 500, Policy 1).
500.05
Student Conduct and Discipline, Investigation
and Pre-Hearing Procedures
1. The Study Center Director is responsible for carrying out the investigation of all alleged violations of EAP and/or UC/host university regulations or policies. Normally, this investigation should consist of interviews with the reporting party, witnesses, and the person alleged to have violated a regulation or standard of conduct. When the person alleged to have violated a regulation or standard of conduct is interviewed, he/she should be informed of the nature of the allegation, the regulations or policy allegedly violated, his/her rights, and the procedures to be followed.
2. If the Director, in consultation with an official of the host university involved in disciplinary procedures, believes that the incident can best be administered as part of a normal counseling process, the student should be counseled as needed and the matter concluded. In such cases the Study Center Director should report the incident to the relevant UCEAP Regional Director.
3. If, however, following the preliminary investigation, the Director believes that disciplinary action may be appropriate, he/she should contact the Regional Director to report the specific charges, the basis for them, and ask for UCEAP concurrence or non-concurrence with the action recommended.
If UCEAP concurs with the recommended action, the Study Center Director should so inform the student, but assure him/her that "due process" will be followed. However, if the student feels that the disciplinary action which UCEAP has preliminarily approved is not fair and therefore requests a hearing, the Director should initiate the procedure noted below. The student must be informed of the following in writing at least five days prior to the hearing:
4. The hearings should be conducted by an ad hoc "hearing committee" appointed by the Study Center Director, consisting of no more than five student members of the Study Center and, where appropriate, at least two faculty members of the host institution. The student members should include a graduate student, if one is present, and, if possible, should represent five different UC campuses, not including the campus of the student being charged.
The Director needs to appoint one of the committee members to act as the committee chairperson. This person will then preside at all committee meetings and rule on all questions of order and procedure, although these rulings are subject to appeal by any member of the committee. Such an appeal will be upheld by a majority vote of the committee members present. A quorum consists of three students and one of the host university faculty members, if they are participating in the committee.
500.06
Rights and Responsibilities of
Hearing Participants
c. Is entitled to be present throughout the hearing while evidence is being presented and may, remain until the committee begins deliberations. If the student does not attend the hearing or voluntarily leaves during the hearing, the case may be heard in his/her absence.
d. Has the right to produce witnesses and evidence pertaining to the alleged violations.
e. Has the right to confront and cross-examine all witnesses.
f. Should not be required to give self-incriminating evidence. The student's failure to testify on these grounds shall not be used to draw an inference of guilt.
g. Should not make arguments concerning or produce witnesses or evidence having to do with the legality or constitutionality of the EAP regulations or Universitywide policies at any time during the hearing process. Such arguments must be directed to the UC General Counsel's Office or to the U.S. civil courts.
2. Witnesses:
a. Should not be required to incriminate themselves.
b. Should restrict testimony to the charges specified in the written notice and not make arguments about the constitutionality, or legality of the EAP regulations or Universitywide policies.
c. Should be present at the hearing only while giving testimony and while responding to cross examination.
3. The Study Center Director:
a. Should produce witnesses and evidence to substantiate the charges.
b. Has the right to confront and cross-examine witnesses.
c. Is entitled to be present during the entire hearing.
4. The Hearing Committee:
a. Should make all decisions by majority vote.
b. May produce witnesses and evidence at the hearing and may cross-examine any witness
produced by the student or by the Study Center Director.
c. Should ensure, through the chairperson, that discussion is restricted to the issue defined in the written notice of the charges of alleged misconduct.
d. Should disqualify any of its members if there is reasonable cause to believe such member is, or appears to be biased (e.g., if the person has prior knowledge of the case).
e. Should base its findings and recommendations solely upon evidence received at the hearing.
f. Should receive verbal and documentary evidence of the kind on which responsible persons are accustomed to rely in serious matters and may exclude irrelevant or unduly repetitious evidence.
g. Should submit a summary of the hearing and the committee's recommendations within three days following the conclusion of the hearing to the Study Center Director who will fax/airmail a copy to the EAP Director. This report shall set forth its findings with regard to each of the charges separately as well as include its recommendation for disposition of the case. Findings of violations of EAP regulations and/or Universitywide policies shall reflect a preponderance of the evidence produced at the hearing.
h. Should keep either an adequate stenographic summary of the hearing or shall tape record the hearing. At his/her own expense, the student may also obtain the services of a stenographic reporter. If a stenographic summary is taken, the student should be furnished a draft and have the opportunity to submit written comment which, when submitted prior to the final decision, will be considered and incorporated as part of the record. No person other than a member of the hearing body may tape record the hearing.
5. Decision-Making Authority:
a. Although the final decision-making authority concerning all sanctions rests with the EAP Director, he may delegate to the Study Center Director the authority to carry out all sanctions short of suspension or dismissal. However, such delegation of authority and the sanction to be applied will be on the basis of UOEAP consultations with the EAP Campus Director and Dean of Students on the student's home campus, followed by an understanding between the Study Center Director and EAP Director as to the action to be taken.
b. The Study Center Director will inform the student in writing of the recommendations made as a result of the hearing committee deliberations, including sanctions, if applicable, as well as the formal action to be taken.
500.07
Student Conduct, Student Appeal Guidelines
1. Disciplinary action taken by either the Study Center Director or the EAP Director following a recommendation of a hearing committee may be appealed to a higher authority as follows:
a. Appeals must be made in writing and be submitted within five days of the date appearing on the notification of the imposition of sanction(s) mailed to the student.
b. The student's appeal may request that the sanctions be reduced or eliminated or that the case be referred back to the committee for further hearing. Any such appeal must be based upon one or more of the following arguments: lack of substantial basis in fact to support the sanction; incongruity of sanction; alleged unfairness in the proceedings; or upon newly-discovered important evidence not known at the time of the hearing. The appeal must specify in detail any such argument or evidence.
c. A student who has been the object of disciplinary action by the Study Center Director may appeal such action to the EAP Director. After the receipt of the student's written appeal, the EAP Director will make his or her decision if possible within a 48-hour period on the basis of consultations as noted above. His or her decision will be communicated to the student through the Study Center Director by phone, electronic mail, or fax, and confirmed by an airmail letter.
d. A student who has been the object of disciplinary action by the EAP Director (whether directly in the case of suspension or dismissal or as a result of the upholding of a Study Center Director's action concerning lesser sanctions) may appeal such action to UCEAP. Such appeal should be made as rapidly as possible through the Study Center Director and the EAP Director. However, if the Study Center Director does not receive an appeal within five days after the student's notification of disciplinary action, it will be assumed that the student accepts such action. Appeals made more than seven days after the student's notification will not be considered except under special circumstances, which will be determined on a case-by-case basis by the chair of the UCEAP.
2. A member of UCEAP, appointed by the chair of that committee, heads the Appeal Board of the UCEAP. The head of the Appeal Board names the other members of this Board, who represent the faculty and students on the home campus of the appealing student, as well as a cross section of the other UC campuses.
3. The Appeal Board will make its decision within five days after the receipt of the appeal by the UC student involved. The decision will be communicated by fax, electronic mail, or telephone by the UCEAP chair, followed by an airmail letter of confirmation.
500.08
Dismissal for Academic Reasons, Guidelines for
(See Section 530, Dismissal from the Study Center and EAP for Academic Reasons.)