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The Conduct Division


> Student Judicial Process

> Student Judicial Affairs

> The Code of Conduct


Conduct Resources

About the Conduct Division
The Conduct Division provides assistance with accusations of misconduct – including plagiarism, cheating, hazing, theft, and any other alleged violations of the Student Code of Conduct. Our services include confidential advice and representation at informal meetings with Student Judicial Affairs and/or instructors – depending upon your needs.

Please see below for information on how to handle accusations of misconduct. We encourage you to immediately seek our help when if such a matter arises. Do not hesitate to contact us if you need further assistance.



The Student Judicial Process
Notice of Possible Violation
Student Judicial Affairs (SJA), a division of the Office of Student Life, investigates misconduct claims sent to them by any member of the University faculty or staff. When an investigation begins, the student in question is sent a "Notice of Possible Violation" (NPV) letter. This letter explains what the student is accused of with respect to the Student Code of Conduct. Receiving an NPV does not mean that you are being charged with misconduct by SJA. It simply means a complaint has been filed against you.

Preponderance of Evidence and Notice of Charge
If during the investigation, SJA feels that there is a preponderance of evidence (in other words, that it is “more likely than not”) that you have violated the Code of Conduct, you will be officially charged. This is marked by the receipt of a “Notice of Charges” letter. This letter should specifically statof what you are being accused.

Informal Meeting
Once a charge has been filed, you will be asked to meet with SJA in an informal meeting. This is your opportunity to explain your story to SJA, if you wish to do so. Almost all cases are settled through this informal process. At times, SJA will decide to withdraw the charge. In most situations, a punishment resolution (called an “administrative disposition”) will be negotiated between you and SJA.

During the informal resolution process, a representative (such as from our office) may speak on your behalf, if you wish.

Hearing
If you cannot or refuse to reach an agreeable resolution through informal meetings with SJA, you have the right to a formal hearing, in which a hearing panel (usually comprised of two faculty members and one student) will hear the case. While the procedures of a hearing are similar to those of a court trial (including opening statements, closing statements, and questioning), a hearing is much more flexible and does not need to adhere to many of the rules found in standard legal practice (such as orders of procedure and standards of evidence). The hearing panel will act as a fact-finding body, conducting the majority of the hearing process.

Because of recent changes in the Student Code of Conduct, you may only be represented at a hearing if permission is granted by the hearing panel. You may always bring an advisor (such as from our office) to the hearing, to consult at any time. The advisor may also help you prepare for the hearing.

Appeal
If the hearing panel comes to a ruling that is unfavorable to you, you may appeal the decision to the Vice Chancellor of Student Affairs. Appeals can be made only on the basis of: a) procedural errors that occurred during the judicial process, and/or b) new and compelling evidence.


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Who is Student Judicial Affairs?
Student Judicial Affairs, or SJA, is responsible for investigating student cases, determining appropriate punishments, and prosecuting cases that go to a formal hearing. SJA consists of three officers that investigate campus related offenses, and one officer that deals solely with violations in the Residence Halls. SJA works in cooperation with local police departments (UCPD and Berkeley PD), and it also relies on other campus offices, such as Greek Affairs, Residential and Family Living, and various faculty members to report disciplinary violations to SJA. SJA is usually made aware of potential academic-related violations by a GSI or professor, and non-academic violations are generally reported by students, UCPD, or university officials. It is important to know that anyone, regardless of status, may report alleged violations to SJA. SJA is affiliated with the Office of Student Life, and can be found in 326 Sproul Hall. You can also find their website here.


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Student Code of Conduct
The Student Code of Conduct explains in comprehensive detail the current judicial process on campus, including the array of activities that the University considers misconduct. In short, these activities fall into two categories: academic violations and non-academic violations. Academic violations include cheating and plagiarism. Non-academic violations include vandalism, theft and harassment. You can find the complete Student Code of Conduct here.

Revisions to the Student Code of Conduct:
In September 2004, Chancellor Berdahl approved changes to the Student Code of Conduct. Some of the major changes included:

REPRESENTATION: If you obtain an advisor/representative, this individual will not be able to speak on your behalf during a conduct hearing, unless the hearing panel allows. This person may still speak on your behalf during informal discussions with Student Judicial Affairs.

OPEN HEARING: Hearings will generally be closed, unless the hearing panel and accused student agree to open it to the public. If a student’s request is denied, the hearing panel will provide a reason in writing.

WORKING DAYS: Timelines established in the Code now include all business days for the University, which include parts of winter, spring, and summer vacations.


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Useful Links

Student Code of Conduct

Student Judicial Affairs

Vice Chancellor of Student Affairs