Student Conduct System

The Student Conduct System includes the following conduct officers/boards:

Conduct Officers

Conduct officers are staff members or faculty members whose job descriptions include responsibility for reviewing student conduct cases, or are appointed to be conduct officers by the Dean of Students Office Life. The sanctioning authority of an individual conduct officer ranges from a warning, up to and including, housing contract cancellation. The sanctioning authority of the Assistant Deans, Associate Dean, and Dean of Students is expanded and ranges from a warning, up to and including, expulsion.

University Discipline Council

The University Discipline Council is a board composed of students, faculty, and staff who are appointed as hearing officers on an annual basis by the Dean of Students Office. When a University Discipline Council convenes to review student conduct, the board includes three students, one faculty member, and one staff member selected from the pool of members. The sanctioning authority of the University Discipline Council ranges from a warning, up to and including expulsion.

University Board of Appeals

The University Board of Appeals conducts appellate hearings for cases when directed to do so by the Dean of Students. The board is composed of student(s), staff, and faculty members who are conduct officers or serve as members of the University Discipline Council. The sanctioning authority of the University Board of Appeals ranges from a warning up to and including expulsion.

In any case of alleged misconduct, a student has the following responsibilities and rights:

1. To be notified of student responsibilities and rights.
2. To cooperate throughout the entire conduct process by meeting any deadlines, providing requested information, and abiding by any requests or instructions of the conduct officer/board.
3. To be notified at least three (3) business days prior to the hearing of the alleged violation of the Student Conduct Code and/or University standards, policies, and procedures and to be notified of the date, time, and location of  the hearing.
4. To object to the conduct officer or member(s) of the conduct board if the student believes the officer/board member cannot act in a fair and impartial manner. The student must explain the reason(s) for their objection. The University reserves the right to either honor or deny the request to assign a new conduct officer or conduct  board member.
5. To discuss the incident and their alleged involvement in it, and to review the policies that were allegedly violated with the conduct officer/board.
6. To respond to information used in determining the outcome of the hearing.
7. To present pertinent information and witnesses on  their behalf.
8. To identify witnesses on their own behalf and submit anticipated testimony to the conduct officer/board in advance of the hearing. It is the student’s responsibility to ensure witness participation in the hearing process.
9. To submit questions for the conduct officer/board to ask  of the complainant or witnesses. The conduct officer/board can refuse to ask a submitted question if the conduct  officer/board determines the question is irrelevant to  the proceedings.
10. To be accompanied by one support person. (See “Support Person” for further explanation.)
11. To be notified in writing within five (5) business days of the outcome of the hearing. Notification could include the finding, disciplinary sanctions, or information concerning the date, time, and location of a secondary hearing in the event the case is forwarded to a different conduct officer/board.
12. To be informed of the appeal process and given the opportunity to file a request for appeal within five (5) business days of the date of the hearing outcome document. (See “Appeal Process” for further explanation.)

The Student Conduct System is an educational process. University officials communicate and engage with the student throughout the conduct process to promote student learning and so the student assumes responsibility for managing their own affairs. University staff interact with the student and their parent or guardian to the degree that it is appropriate and permissible by the Family Educational Rights and Privacy Act of 1974 (FERPA). When doing so, the intent of the interaction with the parent or guardian is to inform the parent or guardian and appropriately engage them in promoting the educational experience of the student. University staff do not interact with legal counsel who is representing a student.

Initial Review or Hearing

1. Incident report: Members of the University community and non affiliate persons may file a report regarding the behavior of a student. If the reported information constitutes a potential violation of the Student Conduct Code and/or University standards, policies and procedures, the University will pursue the matter through the Student Conduct System, beginning with either an initial review or a hearing.
2. Initial review: The assigned University conduct officer/ board reviews the report, notifies the involved student(s) of the report, gathers relevant information, and interviews any witnesses. The conduct officer/board may elect not to interview a witness who does not have first-hand knowledge of the incident, presents information that is deemed to be unnecessary for the deliberation process, or presents information about the involved student’s character. After the conduct officer/board has gathered all relevant information, the conduct officer/board conducts a hearing or refers the case to another conduct officer/board.
3. Hearing: The assigned University conduct officer/board reviews the incident report(s) and statements presented by the complainant(s), respondent(s), and witness(es). The conduct officer/board may elect not to interview a witness who does not have first-hand knowledge of the incident, presents information that is deemed unnecessary for the deliberation process, or presents information about the involved student’s character. A student is not entitled to be present for every interview related to the case that the conduct officer/board conducts. The conduct officer/board may conduct the hearing in a student’s absence if the student does not report for a scheduled hearing, or if the student does not set an appointment for a hearing as directed. In some circumstances, the hearing process may take place over multiple meetings on multiple days.
4. Burden and standard of proof: The student responding to the reported allegation is presumed not to have violated the Student Conduct Code. The standard for determining a violation of the Student Conduct Code is preponderance of evidence. There must be persuasive information to establish that the involved student(s) “more likely than not” violated the Student Conduct Code.
5. Deliberation: The conduct officer/board may deliberate in private. Sanctioning for a Student Conduct Code violation is based upon the nature of the determined violation and any previous violations of the Student Conduct Code.
6. Notice of outcome: The conduct officer/board notifies the student of the hearing outcome in writing no later than five (5) business days after the conclusion of the hearing. The conduct officer/board must notify the student of the option to file a request for appeal. (See “Appeal Process” for further explanation.)

Victims of Crimes of Violence and Non-forcible Sex Offenses

Upon written request, the alleged victim of any crime of violence or non-forcible sex offense will be informed of the results of the University disciplinary proceedings against the student who is alleged to have committed the crime. A crime of violence includes arson, assault offenses, burglary, robbery, kidnapping/abduction, forcible sex offense, criminal homicide (manslaughter by negligence, murder, and non-negligent manslaughter), and destruction, damage, and vandalism  of property.

No Contact Directive

In instances such as, though not limited to, a serious dispute involving a student, concern for the safety of a person due to the alleged actions of a student, or a conduct code allegation by a person against a student, the Dean of Students Office reserves the right to institute a No Contact Directive to a student. This action is taken for the purpose of protecting individuals and to minimize the chance that a dispute between persons will escalate in the process of the matter being addressed by the Dean of Students Office.

A No Contact Directive is an official notice restricting a student of any type of contact with an identified person(s). This includes, but is not limited to, person-to-person contact, contact through a third party, and contact by way of mail, email, telephone, voice mail, text messaging, etc. A student who violates a No Contact Directive is subject to disciplinary action by the Dean of Students Office.

A No Contact Directive can be issued at the discretion of the Dean of Students Office outside of the context of the Student Conduct System procedures, or as a sanction at the conclusion of a hearing for a defined period of time.

Support Person

The support person must be a member of the Santa Clara University community who is a current faculty or staff member, or a currently enrolled student. Parents or guardians who are members of the University community are not permitted to act as a support person for cases involving their own son or daughter. A student who is represented by legal counsel is not permitted to have the legal counsel be their support person. A witness is not permitted to serve as a support person.

The role of the support person is to provide emotional support during the hearing. A support person may not review any documents related to a conduct case or present information during the hearing on behalf of the student. If a support person is disruptive to the hearing process, the conduct officer/board may dismiss the support person. In such cases, and only if it is determined reasonable to do so, the student may be given an opportunity to identify a new support person.

1. The outcome of a hearing is subject to one request for appeal. An appeal will be granted only if one or more of the following criteria is met:
   1. The disciplinary action appears to be grossly disproportionate to the conduct infraction.
   2. The procedures provided for in the Student Handbook were not followed in the hearing.
   3. New relevant information is available that was not available at the time of the hearing.
   4. The decision is not supported by substantial information.
2. The online request for appeal form, must be completed by the student and returned to the Dean of Students Office within five (5) business days of the date on the hearing summary. The request for appeal must include answers to the questions on the form, in accordance with the criteria described in No. 1 above.
3. The request for appeal, along with other pertinent information, is reviewed by the designated appeal officer  to determine the validity of the request for appeal in accordance with the criteria described in No. 1 above. In general, a request for appeal is granted only when there is a preponderance of evidence that a procedural or substantive error occurred at the original hearing that effectively denied the student a fair and  reasonable hearing.
4. The student must be informed of the decision pertaining to the request for appeal within five (5) business days of submitting the request. In exceptional circumstances, the five (5) business days notification requirement may be extended to allow adequate consideration of the request  for appeal. If this is the case, the student is notified.
5. If the request for appeal is granted, the case may be referred back to the original conduct officer or board, a new conduct officer (who could be the appeal officer), or  a new conduct board. The appeal officer may also modify the sanction(s) without granting a second hearing.
6. All appellate hearings are conducted in accordance with the general student rights and other Student Conduct System procedures outlined in the Student Handbook.
7. A request for appeal may only be filed one time. If a request for appeal is denied, a second appeal cannot be filed. If a request for appeal is granted, the outcome of any subsequent proceeding may not be appealed.

The procedures for reporting, investigating, and reviewing allegations of discrimination, harassment, and sexual misconduct are addressed in the University’s Title IX Policy and Equal Opportunity Policy. This information is available at the Office of Equal Opportunity & Title IX website. 

The following sanctions are official University disciplinary actions that may be taken as a result of any conduct hearing. Sanctions include, but are not limited to those listed below. Violations of national, state, or local laws subject a student not only to University disciplinary action but also to action by the appropriate court of law.

1. Warning: Official notification that certain conduct or actions are in violation of University regulations and that continuation of such conduct or actions may result in further disciplinary action.
2. Educational sanctions: Preparation and presentation of a program, preparation of a bulletin board, assigned reading and response paper, attending an alcohol education program, counseling, and/or other educational activities.
3. Contributed service: Contribution of service to the University or a designated community agency consistent with the offense committed.
4. Restitution: Reimbursement by transfer of property or services to the University or a member of the University community in an amount not in excess of the damages or loss incurred.
5. Fines: Financial assessment not to exceed $500.
6. Loss of privileges:
   1. Limitation on University-related services and activities for a specified period of time, which is consistent with the offense committed; including, but not limited to, ineligibility to serve as an officer or member of any University organization, to participate in intercollegiate competition, to receive any award from the University, or to participate in graduation-related ceremonies.
   2. Residence hall relocation, housing contract probation, or housing contract cancellation. Housing contract cancellation will result in being placed on disciplinary probation by the Dean of Students Office.
   3. Restriction from using specific University facilities and services (including parking facilities).
   4. Denial of the on-campus use of a vehicle.
7. No Contact Directive: An official notice restricting a student from any type of contact with an identified person(s). This includes but is not limited to, person-to person contact, contact through a third party, and contact by way of mail, email, telephone, voice mail, text messaging, etc.
8. Disciplinary probation: A specified period of observation and review of behavior, including terms appropriate to the offense committed, during which the student must demonstrate compliance with University regulations and the terms of the probationary period and is ineligible to serve in leadership positions in University co-curricular activities. (Refer to “Eligibility Policy.”)
9. Deferred suspension: A specified period of observation and review of behavior, including terms appropriate to the offense committed, during which time the student is ineligible to participate in University co-curricular activities. (Refer to “Eligibility Policy.”) If an additional violation of University regulations occurs while on deferred suspension, the student is subject to an extension of this status, suspension, or expulsion, depending upon the nature and severity of the violation.
10. Interim suspension: In exceptional circumstances, the Dean of Students may suspend a student or take other disciplinary action pending the hearing, especially in matters of safety or for the good of the community.
11. Suspension: Exclusion from the University for a specific period of time after which application may be made for readmission.
12. Expulsion: Permanent exclusion from the University.

This policy identifies the minimum standard for student conduct hearing outcomes for alcohol, cannabis, and other drug violations in accordance with the Student Conduct Code, University Alcoholic Beverage Policy, and Alcohol and Controlled Substances Within University Housing. The University reserves the right to apply these hearing outcomes for student misconduct that takes place on-campus, in campus-operated facilities, in public, or at non-affiliated properties.

Alcohol, Cannabis, and Other Drugs

The phrase “alcohol, cannabis, and other drugs” broadly includes, without limitation, any stimulant, intoxicant, nervous system depressant, hallucinogen, or other chemical substance, compound, or combination when used to induce  an altered state, including any otherwise lawfully available product used for any purpose other than its intended use  (e.g., the misuse of prescription drugs, over the counter drugs, or household products). 

The operational definitions of the words alcohol, cannabis, and other drugs are:

Alcohol: Intoxicating beverages such as beer, wine,  and liquor.

Cannabis: Refers to all products derived from the plant Cannabis sativa. The cannabis plant contains about 540 chemical substances. Some parts of or products from the plant Cannabis sativa contain substantial amounts of tetrahydrocannabinol (THC). THC is the substance that’s primarily responsible for the effects on a person’s mental state.

Other Drugs:

Illicit Drugs: Cocaine, heroin, ecstasy (MDMA), amphetamines, methamphetamines, hallucinogens (i.e. LSD, psilocybin mushrooms), and similar substances that are considered to be illicit drugs.

Misuse of Prescription Drugs: Misuse of prescription drugs, including opiates/pain-killers (i.e. morphine, oxycodone), stimulants (i.e. Ritalin), sedative-hypnotics (i.e. barbiturates, anxiolytics) and other psychoactive drugs are prohibited. T his includes taking medication that is not prescribed to you, taking more than the prescribed dose of medication, or taking prescription medication for a reason other than the intended use (i.e. to produce a “high”). 

Adherence to Local, State, and Federal Laws

Santa Clara University adheres to local, state, and federal laws pertaining to alcohol, cannabis (including its various forms), and other drugs, and requires all University community members to follow local, state, and federal guidelines, laws, and regulations. In instances that may be in violation of local, state, or federal law, the University reserves the right to report such cases to law enforcement.

Alcohol, Cannabis, and Other Drug Programs and Services

The Wellness Center and Student Health, Counseling, and Well-Being provide programs and support for students who are struggling with their use of alcohol, cannabis, and other drugs. These offices can also refer students to nonaffiliated counseling and treatment facilities.

Cumulative Nature of Alcohol, Cannabis, and Other Drug Violations

Through the University conduct process, hearing officers and hearing boards determine outcomes for student conduct hearings. When doing so, they take into account the nature  of the violation and any previous violations of the Student Conduct Code.

When determining the hearing outcome for an alcohol, cannabis, and other drug violation, the University uses an 18 month timeline to identify if a violation is a first, second, third, etc. violation. That is, if 18 months pass from the date of the previous alcohol, cannabis, or other drug violation without the student being found responsible for an additional alcohol, cannabis, or other drug violation then the outcome for an additional violation will be considered the same category as the previous violation. For example, if a student is found responsible for a first alcohol violation in October of their first year on campus and is found responsible for a second alcohol violation during May of their third year on campus, the violation will be considered a first violation because 21 months passed between each violation. It will not be considered a second violation unless the details of the violation are deemed egregious or serious enough to warrant an elevated response from the University. 

Through the conduct process, Santa Clara University takes into account the student’s whole behavior related to the Student Conduct Code. As such, repeated violations of the Student Conduct Code, even if those violations may appear disparate in specific details, will result in an elevated response from the University. Santa Clara University responds to violations of the Student Conduct Code related to alcohol, cannabis, or other drugs using a matrix of impact and occurrence. 

Stages of Alcohol, Cannabis, and Other Drug Violations at Santa Clara University

Santa Clara University recognizes that students are emerging adults and are thus equipped to make their own decisions. At times, these decisions may be incongruent with University expectations and providing for the health, safety, and welfare of individuals. Santa Clara University distinguishes behavior surrounding alcohol, cannabis, and other drugs across the following categories in relation to potential impact to self, others, and property: A, B, and C. Santa Clara University reserves the right to refer violations surrounding controlled substances to local, state, or federal authorities.

It is up to the discretion of the University hearing officer or board to determine the category and outcomes for multiple violations in different categories. 

Gatherings Resulting in Alcohol, Cannabis, and Other Drug Violations

Students found responsible for hosting a gathering involving the illegal and/or University prohibited use of alcohol or cannabis, or for participating in such behavior in public areas will likely be considered a Category C violation. Violations involving controlled substances other than cannabis will be a Category C violation. 

Falsification of Identification for the  Procurement of Alcohol or Cannabis

The possession, procurement, or distribution of falsified United States federal or state government identification documents (“fake ID”), or altering, falsifying, forging, duplicating, or reproducing United States federal or state government identification documents is a serious legal offense and constitutes a crime in the state of California. Students found with falsified identification documents are in violation of the Student Conduct Code and will be subject to outcomes as determined by the hearing officer or hearing board. 

Alcohol

Excessive and Inappropriate Possession and Use of Alcohol

Regardless of a person’s age, Santa Clara University prohibits the excessive and inappropriate use of alcoholic beverages (See Student Conduct Code, item 18). Excessive and inappropriate use is inclusive of, though not limited to, the amount of alcohol in a student’s possession, the amount consumed, and how a student consumes the alcohol.

Amount in Possession

Examples of excessive and inappropriate possession of alcohol include, but are not limited to: establishment of a private bar, storage of excessive quantities of alcohol, or possession and/or use of a tap or keg, kegerators, beer bongs, or other equipment for the sole use of consuming alcohol. Excessive possession of alcohol is prohibited on campus premises and in campus owned facilities, including but not limited to residential facilities.

Amount Consumed

The Centers for Disease Control and Prevention (CDC) and the Dietary Guidelines for Americans define standard drink sizes and moderate and excessive drinking as it pertains to alcohol consumption.

Standard drinks are defined as one 12-ounce beer, one 8-ounce serving of malt liquor, one 5-ounce glass of wine, or one 1.5-ounce shot of distilled spirits.

Moderate drinking is defined as no more than 1 drink per day for women (not to exceed 7 drinks in a week) and no more than 2 drinks per day for men (1 drink per hour and not to exceed 14 drinks in a week).

Excessive drinking includes binge drinking, heavy drinking, any drinking by people younger than age 21, and drinking by anyone who is currently taking prescription or over-the counter medications. 

Nature of Consumption (Drinking Games)

Santa Clara University prohibits drinking practices, including drinking games, that encourage participants to consume alcohol or promote intoxication, and any paraphernalia that supports such activity. Whether or not alcohol is present, drinking games are prohibited. Playing drinking games or participating in activities that promote excessive consumption are prohibited in any campus facility and on campus property, including but not limited to residential housing facilities. Drinking games are incongruent with the University’s mission to promote a healthy learning environment for students. Examples of drinking games include, but are not limited to beer pong, flip cup, king’s cup, and beer die.

Schedule of Minimum Hearing Outcomes Related to Alcohol Violations

Cannabis and Other Drugs: Possession and Consumption

Santa Clara University adheres to local, state, and federal laws surrounding cannabis (including its various forms) and requires community members to follow local, state, and federal guidelines, laws, and regulations related to cannabis. In order to remain in compliance with federal law, Santa Clara University prohibits the possession, consumption, and/or distribution of cannabis (including its various forms) by Santa Clara University community members. For more information, refer to the Cannabis Policy, and the Smoke-Free and Tobacco Free Policy in the Student Handbook.

Schedule of Minimum Hearing Outcomes Related to Cannabis and Other Drug Violations Categories A, B, or C apply to cannabis hearing outcomes.  The prohibited use of controlled drugs other than cannabis  will minimally result in the administration of a Category C hearing outcome.

It is up to the discretion of the University hearing officer or hearing board to determine the category and outcomes for multiple violations in different categories.

*Any subsequent violation outcomes will be at the discretion of the hearing officer or board.

Compliance with Hearing Outcome

Students must comply with all assigned outcomes by the deadline outlined in the hearing outcome letter. Failure to complete or comply with any assigned outcome or failure to meet an assigned deadline (if applicable) may result in further disciplinary action including, but not limited to, a $150 late fee and/or placing a Registration Hold on a student’s University account preventing the student from registering or adding a course until the assigned outcome(s) is completed.

Administrative Sanctions

The administrative sanction gives official notice that a procedural violation has occurred and will advise the student on how the situation is to be corrected.

Disciplinary Disqualification of University Financial Aid

Financial aid may be contingent upon a student remaining in good conduct standing within the University. If a student faces significant disciplinary matters, is placed on disciplinary probation, deferred suspension, or is suspended, the financial aid arrangement is subject to review. The review may be initiated by either the Dean of Students Office or the Office of Financial Aid.

A student who is placed on disciplinary probation for the first time will continue to remain eligible for federal financial aid unless otherwise prohibited by federal, state, or University regulations. If within two years of being placed on disciplinary probation, a student is placed on suspension, deferred suspension, or probation (a second time), the student will automatically lose all eligibility for institutional aid effective the date the suspension, deferred suspension, or second probation  is imposed.

Student Conduct records are educational records, and  are thereby subject to the Family Educational Rights and Privacy Act (FERPA) and the University’s Student Conduct Records Policy.

The conduct record is confidential and is only shared internally with University officials, in instances when the student grants permission to release the record, or there is what FERPA defines as “an educational need to know” basis for the request. The conduct record is maintained throughout the student’s enrollment and thereafter, as indicated below. A student’s conduct record will only be released to a person or party external to the University if the student has granted permission, where the disclosure of the record is permissible under the provisions of FERPA, or where the University is required  to do so by law. 

Retention of Student Conduct Records

1. A student’s entire conduct history is kept for a minimum of one (1) academic year beyond the academic year in which the date of the last violation of the Student Conduct Code occurred. When a student commits an academic integrity violation, the file is retained for the remainder of the student’s academic career.
2. The files of any student who has received one or more of the following sanctions will be maintained for three (3) academic years beyond the academic year in which the student’s tenure in their current degree program at the University has ended:
   1. Removal from University housing
   2. Disciplinary probation
   3. Deferred suspension
   4. Suspension
3. The conduct record of a student who has been expelled will be maintained for seven (7) years beyond the academic year in which the student’s tenure at the University has ended.

The University reserves the right to change this policy at any time at its sole discretion.