If Conduct Violation Community Standards charges are initiated, and there is no Mutual Resolution the Director of Community Standards and Care (or designee) shall email, hand-deliver, mail, or share in-person/via telephone (with a follow-up email or letter) a notification of violation(s) to the Respondent. The date of any meeting, or hearing, will not be less than ten (10) Days after receipt of written notice, unless the Respondent waives the ten-day preparation period in writing. Any notice shall include the following information:
Statement of the specific charges against the Respondent.
Brief description of the information upon which the charges are based.
Date, time, and place for the hearing.
Notice of the right of reasonable access to the allegation information.
Notification that the Student may resolve the case through Mutual Resolution.
Statement indicating that the Respondent may seek assistance from the Office of Community Standards and Care staff in preparation for their hearing.
The Respondent waives all claims of failure to receive adequate notice if the Respondent appears at the hearing and does not formally raise the issue of adequate notice at the first opportunity.
It is the Student’s responsibility to notify staff of any requests to change the scheduling of a hearing. Director of Community Standards and Care (or designee) will determine the validity of the request and determine if a scheduling change will occur. The scheduling of meetings/hearings may be delayed at the discretion of the Director of Community Standards and Care (or designee) during times of heavy caseloads, if the charge occurs close to the end of an academic semester or term, or in the event of the reasonable need of either party for additional time.
If Serious Misconduct Violation charges are initiated, the Director of Community Standards and Care (or designee) shall email, hand-deliver, or mail a written notice, to participants, which includes the following:
Statement that Respondent is afforded a presumption of innocence until the University has established every element of the alleged violation.
Statement that the presumption of innocence shall not be construed to mean that the complainant or any witness has presented false testimony or evidence.
Formal charge of the alleged violation and the specific details of the facts upon which the allegation is based.
Rights of the participant, as set forth below, a copy of Community Standards, and any applicable laws.
Right of the participant to receive notice of the date, time, and location of each phase of the disciplinary process at least 3 business days prior to any scheduled event at which the participant is expected to appear, including any meeting or interview that serves an investigative purpose, and 10 business days prior to any disciplinary hearing.
Notice of the right of reasonable access to the University’s administrative file and ability to make copies of all evidence or documents contained in the file.
Statement that participant may seek assistance from legal counsel, at participant's expense, or an advisor in preparation and during each phase of the disciplinary process.
Statement that participant bears the responsibility to notify Community Standards and Care or any requests to change the scheduling of a hearing. Director of Community Standards and Care (or designee) will determine the validity of the request and determine if a scheduling change will occur.
Administrative/UCB Hearings shall be conducted, as warranted, by the Office of Community Standards and Care to adjudicate cases that cannot come to a Mutual Resolution. Administrative/UCB Hearings will adhere to the following processes and procedures: