UNIVERSITY OF CALIFORNIA POLICIES APPLYING
TO
CAMPUS ACTIVITIES, ORGANIZATIONS, AND STUDENTS
UCI Implementation
August 1996
Revised with 2002 Updates for Sections 100.00
- 106.00,
110.00 - 114.00, 130.00 - 134.00, and Appendicies
A - M
PRINCIPAL POLICY PROVISIONS
- 10.00 PREAMBLE AND GENERAL
PROVISIONS
- 20.00 POLICY ON NONDISCRIMINATION
- 30.00 POLICY ON SPEECH
AND ADVOCACY
- 40.00 POLICY ON USE OF
UNIVERSITY PROPERTIES
- 50.00 POLICY ON CAMPUS
EMERGENCIES
- 60.00 REGISTERED CAMPUS
ORGANIZATIONS
- 70.00 UNIVERSITY OBLIGATIONS
AND STUDENT RIGHTS
- 80.00 POLICY ON STUDENT
GOVERNMENTS
- 90.00 POLICY ON CAMPUS-BASED
STUDENT FEES
- 100.00 POLICY ON STUDENT
CONDUCT AND DISCIPLINE
- 110.00 POLICY ON STUDENT
GRIEVANCE PROCEDURES
- 120.00 POLICY ON STUDENT
PARTICIPATION IN GOVERNANCE
- 130.00 POLICIES APPLYING
TO THE DISCLOSURE OF INFORMATION FROM STUDENT
RECORDS
- 140.00 GUIDELINES APPLYING
TO NONDISCRIMINATION ON THE BASIS OF DISABILITY
- 150.00 STUDENT RELATED
POLICY APPLYING TO NONDISCRIMINATION ON THE
BASIS OF SEX
- 160.00 POLICY ON SEXUAL
HARASSMENT AND COMPLAINT RESOLUTION PROCEDURES
PRINCIPLES OF COMMUNITY
APPENDICES
- Appendix A: Authorized
Student Governments
- Appendix B: Use
of the University's Name
- Appendix C: Nondiscrimination
Policy Statement for University of California
Publications Regarding Student-Related Matters
- Appendix D: Use
of Properties: Consumption of Alcoholic & Malt
Beverages
- Appendix E: Sexual
Assault Policy (Reference to Section 102.08)
- Appendix F: Anti-Hazing
Compliance
- Appendix G: Campus
Policy on Dances Sponsored by Registered Campus
Organizations
- Appendix H: Policy
on Authorized Use of Course Materials for Commercial
Purposes (Reference to Section 102.23)
- Appendix I: Firearms
on Campus
- Appendix J: Policy
of Substance Abuse
- Appendix K: Computer
Use Policy (Reference to Section 102.25)
- Appendix L: Policy
for Student Fee Funded Facilities
- Appendix M: Hate
and Bias Incident Response Protocol (Reference
to Section 102.11)
TABLE OF CONTENTS
- 10.00 PREAMBLE AND GENERAL
PROVISIONS
- 11.00 AUTHORITY
- 12.00 APPLICABILITY
- 13.00 DEVELOPMENT
AND REVIEW OF UNIVERSITYWIDE POLICIES AND
CAMPUS IMPLEMENTING REGULATIONS
- 14.00 DEFINITIONS
- 20.00 POLICY ON NONDISCRIMINATION
- 30.00 POLICY ON SPEECH
AND ADVOCACY
- 40.00 POLICY ON USE OF
UNIVERSITY PROPERTIES
- 41.00 University
Support, Sponsorship, or Endorsement
- 41.10 University
Neutrality on Religious and Political
Matters
- 41.20 Use of
University Name, Insignia, Seal, or
Address
- 42.00 Campus Regulations
- 42.10 Denial
of Requests for Use
- 42.20 Posting
of Noncommercial Materials
- 42.30 Noncommercial
Fund Raising
- 42.40 Use of
University Property for Commercial Purposes
- 50.00 POLICY ON CAMPUS
EMERGENCIES
- 51.00 State of Emergency
- 52.00 Emergency
Regulations and Procedures
- 53.00 Emergency
Suspension
- 60.00 REGISTERED CAMPUS
ORGANIZATIONS
- 60.10 Registration
Requirements
- 60.20 Conduct and
Discipline
- 60.30 Use of University
Name
- 60.40 Use of University
Properties
- 60.50 Fiscal Accountability
- 60.60 University
Sponsorship
- 60.70 Voluntary
Student Fees
- 70.00 UNIVERSITY OBLIGATIONS
AND STUDENT RIGHTS
- 73.00 Student Reciprocity
Privileges
- 80.00 POLICY ON STUDENT
GOVERNMENTS
- 90.00 POLICY ON CAMPUS-BASED
STUDENT FEES
- 91.00 Compulsory
Campus-Based Student Fees
- 92.00 Referenda
Requirements For Establishing or Increasing
- 93.00 Exceptions
To Referenda Requirements
- 94.00 Requirements
For Reducing or Eliminating a Compulsory
Campus-Based Student Fee
- 95.00 Voluntary
Student Fees
- 100.00 POLICY ON STUDENT
CONDUCT AND DISCIPLINE
- 101.00 Student
Conduct
- 102.00 Grounds
for Discipline
- 103.00 Student
Discipline Procedures
- 103.10 Procedural
Due Process
- 104.00 Administration
of Student Discipline
- 105.00 Types of
Student Disciplinary Action
- 106.00 Posting
Suspension or Dismissal on Academic Transcripts
- 110.00 POLICY ON STUDENT
GRIEVANCE PROCEDURES
- 120.00 POLICY ON STUDENT
PARTICIPATION IN GOVERNANCE
- 130.00 POLICIES APPLYING
TO THE DISCLOSURE OF INFORMATION FROM STUDENT
RECORDS
- 130.10 INTRODUCTION
- 130.20 DEFINITIONS
- 130.30 ANNUAL NOTIFICATION
OF RIGHTS
- 130.40 INSPECTION
AND REVIEW OF STUDENT RECORDS BY STUDENTS
- 130.420 Records
Exempt From Inspection and Review By
Students
- 130.50 INSPECTION
AND REVIEW OF ADMISSIONS RECORDS BY APPLICANTS
- 130.60 WAIVERS
OF ACCESS RIGHTS TO STUDENT RECORDS BY STUDENTS
AND LIMITATIONS ON SUCH WAIVERS
- 130.70 DISCLOSURE
OF PERSONALLY IDENTIFIABLE INFORMATION FROM
STUDENT RECORDS TO PERSONS OTHER THAN THE
STUDENT TO WHOM THE INFORMATION PERTAINS
- 130.710 Disclosure
of Public Information
- 130.715 Public
Information About Former Students
- 130.720 Disclosure
of Personally Identifiable Information
- 130.721 Permissible
Disclosures
- 130.722 Redisclosure
of Personally Identifiable Information
- 130.723 Requests
to Forward Academic Records
- 130.80 RECORD KEEPING
REQUIREMENTS REGARDING REQUESTS FOR AND
DISCLOSURE OF INFORMATION
- 131.00 PROCEDURES
FOR SEEKING THE CORRECTION OF STUDENT RECORDS
- 131.10 Requests
for Correction of Records
- 131.11
Requests for Correction of Grades
Given in a Course of Study
- 131.20 Hearing
Procedures
- 131.30 Hearing
Outcomes
- 131.40 Records
Concerning Disciplinary Action
- 132.00 GRIEVANCE
PROCEDURES
- 133.00 COMPLAINT
PROCEDURE
- 134.00 CIVIL REMEDIES
- 136.00 CRIME AWARENESS
AND CAMPUS SECURITY ACT
- 137.00 DRUG-FREE
SCHOOLS AND COMMUNITIES ACT
- 140.00 GUIDELINES APPLYING
TO NONDISCRIMINATION ON THE BASIS OF DISABILITY
- 141.00 DEFINITIONS
- 141.10 Individual
with a Disability
- 141.20 Qualified
Individual with a Disability
- 141.30 Facility
- 142.00 DISCRIMINATION
PROHIBITED
- 143.00 EDUCATIONAL
PROGRAMS, SERVICES, AND ACTIVITIES
- 143.10
Admissions, Enrollment, and Recruitment
- 143.20
Treatment of Students and Participants
in University Programs, Services,
or Activities
- 143.30
Academic Adjustments
- 143.31
Modification of Academic Requirements
- 143.32
Course Examinations
- 143.33
Auxiliary Support Services and
Devices
- 143.34
Responsibility for Academic
Adjustments
- 143.35
Student-Specific Obligations
in the Provision of Academic
Adjustments
- 143.36
Campus Disability Accommodation
and Mediation Procedures
- 143.40
Housing
- 143.50
Financial Aid
- 143.60
Student Employment
- 143.70
Physical Education, Athletics, and
Similar Activities
- 143.80
Counseling and Placement Services
- 143.90
Social Organizations
- 144.00 EMPLOYMENT
PRACTICES
- 145.00 PROGRAM
ACCESSIBILITY
- 146.00 HEALTH,
WELFARE, AND OTHER SOCIAL SERVICES AND
BENEFITS
- 146.10
Notice
- 146.20
Emergency Treatment for Hearing-Impaired
Persons
- 146.30
Auxiliary Support Services and Devices
- 146.40
Drug and Alcohol Addiction
- 146.50
Education of Persons Admitted to
University Medical Facilities
- 147.00 VOLUNTARY
ACTION
- 148.00 NOTIFICATION
AND PUBLICATION REQUIREMENTS
- 148.10
Content of Publication
- 148.20
Designation of Compliance Officer
- 148.30
Compliance Statement
- 148.40
Frequency of Publication
- 148.50
Medium of Publication
- 149.00 GRIEVANCE
PROCEDURES
- 150.00 STUDENT-RELATED
POLICY APPLYING TO NONDISCRIMINATION ON THE
BASIS OF SEX
- 150.10 INTRODUCTION
- 150.20 GENERAL PROVISIONS
- 150.30 MARITAL AND
PARENTAL STATUS
- 150.40 EXEMPTIONS
- 151.00 ADMISSIONS
- 152.00 RECRUITMENT
- 153.00 EDUCATIONAL
PROGRAMS AND ACTIVITIES
- 153.10 Access
to Course Offerings
- 153.20 FINANCIAL
AID
- 153.21 General
Provisions
- 153.22 Administration
of Sex-Restricted Funds
- 153.221
Types of Awards and Conditions Governing
Their Administration
- 153.222
Acceptance of New Funds
- 153.223
Acceptance of Funds for Opportunities
to Study Abroad
- 153.224
Athletic Grants-in-Aid
- 153.30 ATHLETICS
- 153.31 Federal
Requirements--General
- 153.32 Federal
Requirements--Teams
- 153.321
Level One Activities: Intercollegiate
Teams and Competitive Sports Clubs
- 153.322
Level Two Activities: Intramurals
and Recreational/Noncompetitive
Sports Clubs
- 153.33 Athletic
Grants-in-Aid
- 153.34 Program
Administration
- 153.40 HOUSING
- 153.50 COUNSELING
- 153.60 STUDENT
EMPLOYMENT
- 153.70 HEALTH
INSURANCE AND BENEFITS AND SERVICES
- 154.00 FACILITIES
- 155.00 DESIGNATION
OF RESPONSIBLE EMPLOYEE
- 156.00 GRIEVANCE
PROCEDURES
- 157.00 NOTIFICATION
- 158.00 PUBLICATION
REQUIREMENTS
- 158.10 Frequency
of Publication
- 158.20 Methods
of Publication
- 160.00 POLICY ON SEXUAL
HARASSMENT AND COMPLAINT RESOLUTION PROCEDURES
- 161.00 UNIVERSITY
POLICY
- 162.00 COMPLAINT RESOLUTION
PROCEDURES
- 163.00 DEFINITION
- 164.00 STANDARDS OF
CONDUCT
- 165.00 PRE-GRIEVANCE
COMPLAINT RESOLUTION PROCESS
- 165.10 Sexual
Harassment Information Centers
- 165.20 Complaint
Resolution Officers
- 165.30 Participation
in Pre-Grievance Process
- 165.40 Time Limits
- 165.50 Confidentiality
- 166.00 FORMAL GRIEVANCE
PROCEDURES
- 167.00 DISCIPLINARY
ACTION
UNIVERSITY OF CALIFORNIA
POLICIES APPLYING TO
CAMPUS ACTIVITIES, ORGANIZATIONS, AND STUDENTS
UCI Implementation
August 1996
Revised with 2002 Updates
for Sections 100.00 - 106.00,
110.00 - 114.00, 130.00 - 134.00, and Appendicies
A - M
10.00
PREAMBLE AND GENERAL PROVISIONS
In order to carry on its work of teaching,
research, and public service, the University
has an obligation to maintain conditions under
which the work of the University can go forward
freely, in accordance with the highest standards
of quality, institutional integrity, and freedom
of expression, with full recognition by all
concerned of the rights and privileges, as well
as the responsibilities, of those who comprise
the University community.
10.00
Where applicable, descriptions of the Irvine
campus implementation follow immediately after
each numbered section of the University of California
policies, and are identified by boldface print
as well as corresponding section numbers. Members
of the University community may propose amendments
to these regulations by filing proposals with
the Vice Chancellor for Student Services for
review.
10.10 These Policies
address the rights and responsibilities of members
of the University community and provide Universitywide
standards for campus implementing regulations
as a means of sustaining this community. Each
member of the University shares the responsibility
in maintaining this unique community so that
the University's mission of teaching, research,
and public service can be achieved.
University policies and campus regulations
are designed to protect and promote the rights
of members of the University, prevent interference
with University functions or activities, and
comply with all pertinent laws and University
policies.
11.00 AUTHORITY
The Regents of the University of California
is a corporation that derives its authority
from the California Constitution, Article IX,
Section 9, which prescribes its powers of organization
and governance. These Policies are issued under
this authority, and they supersede the policies
contained in the booklets entitled University
of California Policies Applying to Campus Activities,
Organizations, and Students, Parts A and B,
dated October 31, 1983, and all previously issued
additions to, and revisions of, those Policies.
11.00
The Chancellor of the Irvine campus has delegated
authority to the Vice Chancellor for Student
Services to develop campus regulations and to
implement and administer University policies
and procedures applying to students.
A. Purposes
The primary purposes of these regulations
are:
1. To facilitate the effective
use of University of California, Irvine,
campus properties for educational purposes;
and
2. To enumerate the procedures that
will be employed if an alleged violation
of policy occurs.
12.00 APPLICABILITY
These Policies, and the campus implementing
regulations adopted to conform with them as
specified in Section 13.00,
apply to all campuses and properties of the
University or functions located on University
property or administered by the University,
unless in special circumstances the President
directs otherwise.
12.10 The provisions
of Sections 10.00 through 60.00 and 130.00 through
160.00 of this document apply to all activities
on University properties and affect all members
of the University community, except employee
organizations as defined in the Higher Education
Employer-Employee Relations Act (HEERA) and
Section 14.20 of these Policies, to the extent
they are inconsistent with HEERA or applicable
collective bargaining agreements. Policies applicable
to such organizations are contained in HEERA
or collective bargaining agreements negotiated
with such organizations.
12.20 For all
pertinent activities involving University students,
employees, and properties, these Policies apply
to the Division of Agriculture and Natural Resources
and to Department of Energy Laboratories operated
by the University of California, subject to
Laboratory implementing regulations and contractual
obligations between The Regents and the Department.
Policies covering such activities in subsequent
sections of this document also apply to the
Laboratories when they refer to the campuses,
and to the Laboratory Directors when they refer
to the Chancellors.
13.00 DEVELOPMENT
AND REVIEW OF UNIVERSITYWIDE POLICIES AND CAMPUS
IMPLEMENTING REGULATIONS
13.10 The President
shall consult with Chancellors, appropriate
Vice Presidents, the Office of the General Counsel,
and Universitywide advisory committees, when
appropriate, prior to amending these Policies.
Chancellors shall consult with faculty, students,
and staff prior to submitting to the President
their recommendations related to any proposed
amendments to these Policies. Amendments which
are specifically mandated by law, however, may
not require consultation with campus representatives
or Universitywide advisory committees.
13.20 Chancellors
shall adopt campus implementing regulations
consistent with these Policies. Chancellors
shall publish and make campus implementing regulations
widely available and free of charge.
13.20
These regulations shall be made widely available,
free of charge. Copies are available from the
Office of Vice Chancellor for Student Services,
the Office of the Dean of Students, student
government offices, the Ombudsman, as well as
other locations on campus.
13.30 Chancellors
shall consult with students, including student
governments when they exist, faculty, and staff
in the development or revision of campus implementing
regulations except when revisions in the campus
implementing regulations result from changes
to these Policies which were specifically mandated
by law. Procedures, including consultation processes,
shall be specified, by which campus implementing
regulations may be considered or revised.
13.30
Proposed revisions to UCI campus regulations
shall be reviewed by an ad hoc committee appointed
by the Dean of Students, and composed of students,
faculty, and staff nominated in consultation
with representatives of the Associated Students
UCI, Associated Graduate Students. Any suggested
modifications shall be recommended to the Chancellor
through the Vice Chancellor for Student Services.
13.40 Prior to
their adoption, all proposed campus implementing
regulations, including modifications, shall
be submitted to the Office of the General Counsel
for review for consistency with these Policies
and the law.
14.00 DEFINITIONS
For the purposes of these Policies and the
campus implementing regulations adopted pursuant
to them, the following definitions are provided:
14.10 CAMPUS
The term "campus" means a University
of California campus. With respect to all pertinent
activities involving University students and
employees, the term "campus" also
applies to the Office of the President, the
Division of Agriculture and Natural Resources,
and the Department of Energy Laboratories operated
by the University.
14.20 EMPLOYEE
ORGANIZATION
As defined by Section 3562(g) of the Higher
Education Employer-Employee Relations Act (HEERA),
the term "employee organization" means
any organization in which employees participate
and which exists for the purpose, in whole or
in part, of dealing with higher education employers
concerning grievances, labor disputes, wages,
hours, and other terms and conditions of employment
of employees.
14.30 PROPERTY
The term "property" means any University-owned,
University-operated, or University-maintained
property, including all University grounds and
structures or such property designated by a
campus as property subject to these policies.
14.40 REGISTERED CAMPUS ORGANIZATION
The term "registered campus organization"
means an organization which is intended primarily
for students, faculty, or staff of a particular
University campus and which has complied with
the registration requirements and procedures
set forth in campus implementing regulations.
14.50 STUDENT
The term "student" means an individual
for whom the University maintains student records
and who: (a) is enrolled in or registered with
an academic program of the University; or (b)
has completed the immediately preceding term
and is eligible for re-enrollment, including
the recess periods between academic terms; or
(c) is on an approved educational leave or other
approved leave status, or is on filing-fee status.
14.60 UNIVERSITY
The term "University" means the University
of California and includes its campuses, the
Office of the President, the Division of Agriculture
and Natural Resources, and the Department of
Energy Laboratories operated by the University.
14.70 DAYS
The Term "Days" shall be defined
as the normal business day and shall not include
Saturdays, Sundays, legal holidays, or University
administrative holidays.
20.00 POLICY ON
NONDISCRIMINATION
The University is committed to a policy against
legally impermissible, arbitrary, or unreasonable
discriminatory practices. All groups operating
under the authority of The Regents, including
administration, faculty, student governments,
University-owned residence halls, and programs
sponsored by the University or any campus, are
governed by this policy of nondiscrimination.
The intent of the University's policy on nondiscrimination
is to reflect fully the spirit of the law. In
carrying out this Policy, the University also
shall be sensitive to the existence of past
and continuing societal discrimination. (See
also Appendix C
[Nondiscrimination Policy Statement for University
of California Publications Regarding Student-Related
Matters]; Section 140.00;
Section 150.00; and Section
160.00.)
30.00 POLICY ON
SPEECH AND ADVOCACY
30.10 The University
is committed to assuring that all persons may
exercise the constitutionally protected rights
of free expression, speech, assembly, and worship.
30.20 It is the
responsibility of the Chancellor to assure an
ongoing opportunity for the expression of a
variety of viewpoints.
30.30 The time,
place, and manner of exercising speech and advocacy
on the campuses are subject to campus regulations
that shall provide for noninterference with
University functions and reasonable protection
to persons against practices which would make
them involuntary audiences.
30.30
Speech and Advocacy
The University has a special obligation
to protect free inquiry and free expression.
On University grounds open to the public generally,
all persons may exercise the constitutionally
protected rights of free expression, speech,
and assembly. Such activities must not, however,
interfere with the right of the University to
conduct its affairs in an orderly manner and
to maintain its property, nor may they interfere
with the University's obligation to protect
rights of all to teach, study, and fully exchange
ideas. Physical force, the threat of force,
or other coercive activities used to subject
anyone to a speech of any kind is expressly
forbidden.
A. Time, Place, and Manner Regulations
Orderly behavior and the normal conduct of
University affairs shall govern time, place,
and manner of exercising free speech and advocacy.
Regard for the privacy of others shall be
observed, and reasonable precautions shall
be taken against practices which would make
persons on campus involuntary audiences.
B. Areas for Public Gatherings
Specific areas and properties available for
public meetings and gathering are assigned
through the UCI Scheduling Center or appropriate
scheduling office on a first-come, first-served
basis.
C. Amplification
Amplification may be used only at specified
times and is prohibited at all other times
and places. Guidelines for amplification and
hours of use are available from the UCI Scheduling
Center, or the appropriate scheduling office.
D. Non-University Speakers
Non-University persons are permitted to speak
in areas of the campus open to the public
without invitation; however, because such
areas are limited, a reservation is advised
through the UCI Scheduling Center or appropriate
scheduling office is suggested.
Except as provided in Section
40.40 and subject to Section
30.00, non-University persons may address
meetings in all other areas only by invitation
from a registered campus organization, ASUCI,
AGS, AMS, University departments, recognized
academic and administrative units, and official
University of California alumni organizations.
Faculty members may invite non-University
persons to appear in classes in accordance
with the academic policy on guest lecturers.
30.40 These Policies
and campus regulations in no way constitute
prohibitions on the right to express political
views by an individual in the University community.
The University recognizes, supports, and shall
not abridge the constitutional rights of faculty,
students, or staff to participate, either as
individuals or as members of groups, in the
political process of supporting candidates for
public office or any other political activity.
30.50 All campus
regulations regarding speech and advocacy also
shall comply with Section 40.00
of these Policies.
40.00 POLICY ON
USE OF UNIVERSITY PROPERTIES
40.00
These regulations do not apply to University
Hills, a residential community on land owned
by The Regents of the University of California.
A. Use by University-Related Persons
and Groups
Registered campus organizations, student governments,
and University personnel, as well as students,
faculty, and staff may use University properties.
Information regarding scheduling of University
properties may be obtained from the appropriate
scheduling office; i.e., UCI Scheduling Center,
Bren Events Center. The sponsoring group has
the responsibility to know and adhere to special
use guidelines, policies, or restrictions
that may pertain to specific facilities. Whenever
an event is sponsored by a registered campus
organization, it must be reviewed by the Office
of the Dean of Students, as appropriate, for
compliance with University policies and procedures.
See Appendix G
for policy regarding dances on campus.
B. Use by Non-University Persons and
Groups
University properties may be used by non-University
organizations and individuals or for commercial
purposes only with the prior approval of the
Associate Vice Chancellor Student Services or
that person's designee and with the provision
that such activities do not interfere with the
normal functioning of the University. Any such
use shall be based upon benefit to the University.
(See Campus Policies and Procedures Manual 900-16.
Official University Policies and Procedures
which can be found on the Web http://www.abs.uci.edu/depts/mailrec/uci-ppm/homepage.html).
C. Addressing Meetings by Non-University
Persons
Non-University persons may address meetings
in campus facilities only pursuant to an invitation
from a registered campus organization, from
ASUCI, AGS or AMS, from University departments
and recognized academic and administrative units,
from organizations of University employees,
or from official University of California alumni
organizations.
D. Financial Responsibility for Use
of University Properties
All individual organizations that apply for
use of University properties shall be liable
for extraordinary expenses incurred on their
behalf by the University above ordinary campus
maintenance and operating costs.
At the discretion of the office approving
the use of University properties and in consultation
with the appropriate scheduling department
and/or the UCI Police Department, ASUCI, AGS
or AMS, the posting of bond may be required
of organizations or individuals prior to use
of University properties under the following
circumstances:
1. Because of the nature of the
event and/or the past practices of the sponsoring
organization, there is reasonable cause
to believe that damage to University property
may occur;
2. If the sponsoring organization
is in debt to the University at the time
of the proposed event program;
3. If the nature and scope of the
event is such that there is reasonable concern
for the ability of the sponsoring organization
to assume all related expenses.
Reimbursement for damage to or misappropriation
of University property may be imposed upon
the responsible individual of the organization
using the University property. The reimbursement
may take the form of monetary payment or appropriate
service to repair or otherwise compensate
for damages.
E. Use of University Properties for
the Consumption of Alcoholic Beverages
Procedures for scheduling use of University
properties for the consumption of alcoholic
and malt beverages on campus are published
as Appendix D of this document and as Section
900.13 of the UCI Policy and Procedures Manual.
The Manual is available in the reference section
of the Library and most campus administrative
offices. It is also available on the Web http://www.abs.uci.edu/depts/mailrec/uci-ppm/homepage.html.
F. Overnight Camping
Neither university-related persons or groups
nor non-University persons or groups are permitted
to camp overnight on University property.
40.10 University
properties shall be used only in accordance
with Federal, State, and local laws and shall
not be used for the purpose of organizing or
carrying out unlawful activity.
40.20 All persons
on University property are required to abide
by University policies and campus regulations
and shall identify themselves upon request to
University officials acting in the performance
of their duties. Violation of University policies
or campus regulations may subject a person to
possible legal penalties; if the person is a
student, faculty member, or staff member of
the University, that person may also be subject
to disciplinary action in accordance with University
policies and campus implementing regulations.
40.20
Violation of University Policies
Students who violate University
and campus policies and procedures may be subject
to procedures published in Section 103.00 of this document.
University employees who violate University
and campus policies and procedures may be subject
to disciplinary procedures published in the
Academic Personnel Manual, the Staff Personnel
Programs Manual, the Manual of the Academic
Senate, or the collective bargaining agreements
as appropriate.
Consent to remain on campus may be
withdrawn pursuant to the procedures set forth
in Section 900-15 of the UCI Policy and Procedures
Manual implementing Penal Code Section 626.4
and 626.6.
40.30 All use
of University properties and services by campus
organizations must conform to applicable campus
time, place, and manner regulations.
40.40 On University
grounds open to the public generally, as may
be described in the campus regulations, all
persons may exercise the constitutionally protected
rights of free expression, speech, assembly,
worship, and distribution and sale of noncommercial
literature incidental to the exercise of these
freedoms; such activities shall not interfere
with the orderly operation of the campus and
must be conducted in accordance with campus
time, place, and manner regulations.
40.40
University Grounds Open to the Public
For the purpose of these
regulations, "grounds open to the public"
are defined as the outdoor areas of the campus
(lawns, patios, plazas) that are at least 20
feet from the entrances/exits of campus buildings
and parking lots, and that do not restrict movement
on campus walkways and are also a safe distance
from the curbs of campus roads. All activity
in these areas must be conducted in such a way
that traffic is not impeded and the normal activity
in classrooms and offices is not disrupted.
Overnight camping on University property is
prohibited. Tables or movable stands may not
be placed in areas where passages to any entrances
or walkways are blocked. Procedures regarding
time, place, and manner are set forth in Section
30.30 of this document.
41.00 UNIVERSITY
SUPPORT, SPONSORSHIP, OR ENDORSEMENT
All individuals or organizations using University
properties and services must avoid any unauthorized
implication that they are sponsored, endorsed,
or favored by the University.
41.10 UNIVERSITY NEUTRALITY ON RELIGIOUS
AND POLITICAL MATTERS
As a State instrumentality, the University must
remain neutral on religious and political matters.
The University cannot sponsor or fund religious
activities, and cannot sponsor or fund political
activities, except when authorized for University
purposes by The Regents or the President or
their designees.
41.11 Religious
and political campus organizations shall have
access to University properties on the same
basis as all other campus organizations, according
to guidelines set forth in campus regulations.
41.11
Campus Neutrality Regarding Religious and Political
Organizations
Religious and political organizations
shall have access to University property on
the same basis as other organizations as set
forth in Section 40.00 of
this document. Political and religious organizations
may be registered by the University and may
sponsor political and religious programs and
events by fulfilling registration requirements
and by following applicable time, place, and
manner regulations. However, to guarantee the
neutrality of the University with regard to
political and religious activities, no University
support is permitted for such activities or
for political and religious programs or events.
Incidental use of University resources in connection
with the use of the property is permitted. Charges
will be assessed for mail, duplicating, supplies,
garage, computing, and similar services.
A. Political Programs or Events
For the purpose of these regulations, a program
or event is defined as political if it involves
one or more of the following:
1. Supporting (financially or through
volunteer support) a candidate or group
of candidates formally running in primary
or general elections for city, county, state,
local, or national office;
2. Supporting or opposing (financially
or through volunteer support) a ballot measure
or a drive to put an issue on the ballot;
3. Raising funds or sponsoring
programs to support any federal or state
registered political party.
B. Religious Programs or Events
For the purpose of these regulations, a program
or event is defined as religious if it involves
activities that are traditionally understood
to be religious, such as:
1. Worship, devotion, prayer, or
the study of religious literature (e.g.,
the Bible or the Koran);
2. The membership in or affiliation
with a group generally recognized as a religious
sect; or
3. Bringing together persons professing
a belief in a divine deity or other belief
encompassing theories of human nature or
place in the universe and occupying a place
in members' lives comparable to recognized
religion.
41.12 In correspondence,
statements, or other material relating to religious
or political activities or issues, the University
title of a faculty or staff member or the title
of a student government official shall be used
only for identification; if such identification
might reasonably be construed as implying the
support, endorsement, or opposition of the University
with regard to any religious or political activity
or issue, the identification shall be accompanied
by an explicit statement that the individual
is speaking for himself or herself and not as
a representative of the University or any of
its offices or units.
41.20 USE OF UNIVERSITY
NAME, INSIGNIA, SEAL, OR ADDRESS
The name, insignia, seal, or address of the
University or any of its offices or units shall
not be used for or in connection with religious,
political, business, or social purposes or activities
except as consistent with University policies
and campus regulations. (See also Appendix
B and Section 60.30.)
41.20
Use of the University Name, Insignia, and Seal
Campus procedures for approval of use
of the University name, insignia, and unofficial
seal are published in Section 700-02 of the
UCI Policy and Procedures Manual. The Manual
is available in the reference section of the
Library and most campus administrative offices.
It is also available on the Web http://www.abs.uci.edu/depts/mailrec/uci-ppm/homepage.html
42.00 CAMPUS REGULATIONS
Chancellors shall develop campus regulations
which provide procedures and criteria for the
use of University properties by student governments
and registered campus organizations. Campus
regulations may provide procedures and criteria,
based upon benefit to the University, permitting
the use of University properties by other persons
or organizations and shall specify the conditions
under which University property may be used
by non-University persons or organizations.
42.10 DENIAL OF
REQUESTS FOR USE
A request for use of University properties
may be denied if the request is not in accordance
with campus regulations implementing these Policies,
and shall be denied if circumstances are such
that the event will present a clear and present
danger to the orderly operation of the campus.
The applicant shall be accorded a review of
any denial of a request for use of University
properties. If a request is denied on the basis
of a clear and present danger to the orderly
operation of the campus, the applicant shall
be accorded a prompt appeal to the Chancellor,
who shall recognize the University's heavy burden
in justifying such a denial. The review processes
shall be set out in campus regulations.
42.10
Denial of Request to Use University Properties
A student whose request to use University properties
is denied may appeal in writing to the Vice
Chancellor for Student Services within three
days of denial notification. The Vice Chancellor
for Student Services shall consult with or refer
the matter to the Office of the Dean of Students
, the appropriate scheduling office, ASUCI,
AGS or AMS to make a recommendation. The Vice
Chancellor for Student Services shall inform
the applicant of the decision in writing within
seven days of receipt of written appeal.
42.20 Posting
of Noncommercial Materials
Campus regulations shall permit University
students, faculty, staff, registered campus
organizations, and University units to post
and exhibit noncommercial materials at locations
designated in campus regulations for that purpose;
posting and exhibiting of noncommercial materials
by others also may be permitted by campus regulations.
All such materials shall clearly indicate the
name of the sponsoring campus, individual, registered
campus organization, University unit, or other
individuals or organizations permitted to post
and exhibit pursuant to campus regulations.
42.20 Policy
on Posting and Distribution of Literature
Campus regulations permit University
student, faculty, staff, registered campus organizations,
and University units to post and exhibit noncommercial
materials at locations designated in this policy.
For the purpose of this policy noncommercial
literature is defined as any printed material
or announcement of any kind in any media or
form which refers to an event, activity, or
service that is not conducted for private business
or personal gain.
The posting or distribution of noncommercial
materials that inform or advertise an event,
activity, or service as one where alcoholic
beverages will be furnished, served, or available
is prohibited. An exception to this policy is
given to those campus facilities in possession
of a license issued by the California Alcohol
Beverage Board. The posting or distribution
of commercial literature and materials, other
than the occasional/incidental sale of personal
property of interest to University students,
faculty, and staff is prohibited.
A. Campus Policy
1. University students, faculty,
staff, registered campus organizations,
and University units may post literature
and printed materials only in areas open
to the public generally.
2. Non-University persons and organizations
may post noncommercial literature and materials
only for events/programs being held on the
campus and only in areas designated for
posting. The UCI Scheduling Center will
assist in providing copies of posting policies.
Non-University persons may distribute such
literature and materials only in areas open
to the public generally.
3. The location of any material
constituting student artwork must be approved
in advance by the committee on Art in Public
Places. The UCI Student Center Administration
is solely responsible for all artwork placed
in the Student Center.
B. Approved Locations for Posters,
Flyers and Announcements
1. Kiosks.
2. University general purpose bulletin
boards.
3. Interior and exterior concrete
surface of Bridge Road overpass.
4. Interior concrete surface of
Humanities and Engineering/Social Science
bridges.
5. Interior of the concrete railing
in each of the lower plazas (i.e., that
surface not exposed to Aldrich Park.)
6. Sites selected and controlled
by the School of the Arts.
7. Sites selected and controlled
by housing guidelines.
C. Approved Locations for Banners
1. Interior and exterior concrete
surface of Bridge Road overpass.
2. Interior concrete surface of
Humanities and Engineering/Social Science
bridges.
3. Interior of the concrete railings
in each of the lower plazas (i.e., that
surface not exposed to Aldrich Park).
D. Prohibited Posting Surfaces and
Distribution Areas
1. The ground, paths, and walkways.
2. Glass, wood, painted or finished
surfaces which includes exterior walls of
all buildings and structures.
3. Trash cans, benches, trees,
shrubbery, and landscaping.
4. Inside classrooms, lecture halls,
laboratories, and walls inside buildings.
5. Stairwells and stair railings.
6. Fixed poles, traffic control
devices, guideposts, signposts, campus directional
signs, or historical markers.
7. Automobile windshields.
8. The entrances to the Administration
Building, Library, Gateway Commons, parking
structures, or the UCI Student Center.
9. The bridge connecting the campus
with the University Center.
10. Surfaces of Campus-approved
Artwork.
E. Literature Posting and Distribution
Regulations
1. All literature and printed materials,
both those written in English and those
written in another language, must clearly
show the name of the sponsoring person or
registered organization in English.
2. All literature and printed materials
which refer to a specific event or date
must be removed by the sponsoring individual
or organization within 48 hours after the
event or program.
3. All literature and printed materials
which do not refer to a specific event or
date must bear a removal date not to extend
beyond the last day of the academic quarter.
4. Posting with glue is expressly
prohibited.
5. Only one poster, flyer, or banner
per event is allowed in each posting area.
Unless otherwise approved, banner size may
not exceed 5 feet by 3 feet.
6. Posting on top of or removing
announcements that are current and legally
posted will be considered violations of
these regulations.
7. Material relating to employee
representation is governed by rules established
in accordance with the Higher Education
Employee/ Employer Relations Act. For posting
guidelines, refer to University of California,
Irvine, Implementation of Policies on Regulations
with Employee Organizations.
F. Posting of Literature in Residence
Hall Complexes
In addition to the guidelines listed above,
the following policies also apply. When posting
literature in residence hall complexes:
1. All flyers and/or posters to
be posted in residence hall complexes are
to be submitted for approval to the respective
housing office prior to posting.
2. Flyers/posters publicizing programs
or workshops must include a description
of the program and subject matter to be
discussed.
3. Flyers/posters must include
a telephone number where additional information
concerning the program or sponsoring organization
may be obtained.
G. Residence Hall Mailbox Deposits
Intercampus mail for students living in residence
halls must be addressed with the student's
name and address. Exceptions to the policy
may be made by the various complex directors.
H. Temporary Directional Signs
Temporary directional signs are only for directional
purposes and must be removed within 24 hours
after the event for which they were intended.
I. Sanctions
All unauthorized posted materials will be removed.
Violators will also be subject to additional
sanctions, including fines and/or loss of privileges,
as listed in Section 105.00
of the Policies.
42.30 NONCOMMERCIAL
FUND RAISING
Noncommercial fund raising by student governments
and by registered campus organizations shall
be permitted pursuant to University policies
and campus regulations; noncommercial fund raising
by individuals or by other groups also may be
permitted under regulations developed by the
campus, consistent with University policy. Provisions
may be made governing the collection of donations,
sale of materials, admission charges, and financial
accountability.
42.30
Noncommercial Fund Raising
A. Noncommercial Fund Raising by
Campus Organizations
Noncommercial fund raising by campus organizations
is permitted. The provisions below govern
the collection of moneys, the solicitation
of donations, sale of materials, payment of
dues, admission charges, and the financial
accountability required of fund raising groups.
1. Fund raising is defined as the
collection of moneys on University properties
by means of sales, contributions, donations,
solicitation, membership fees, and/or admission
charges to fund raising events or meetings
on a regular or occasional basis.
2. University properties are not
to be used in fund raising efforts for personal
gain.
3. All fund raising by registered
campus organizations must first be approved
by the Office of the Dean of Students
4. Funds raised may not be used
for illegal purposes; furthermore, use of
the funds raised must be defined and be
consistent with the stated purpose of the
fund raising activity.
5. All food and beverage sales
must receive additional approval from the
UCI Scheduling Center.
6. All registered campus organizations
engaged in fund raising activities are strongly
encouraged to make use of the accounting
services provided by the ASUCI Business
Office.
7. The University reserves the
right to audit the financial records of
any campus organization to determine if
funds are being used in accordance with
University policy.
8. In the event that a fund raising
activity loses money, the sponsoring organization
remains accountable for covering all costs
incurred by that activity.
9. All fund raising activities
sponsored by registered campus organizations
and occurring on University properties must
be conducted entirely by the membership
of the sponsoring group.
10. The occasional sale of manufactured
items is permitted. Unless otherwise approved,
such sales should not compete with items
sold by campus departments or auxiliaries.
11.The active solicitation of credit
card applications on University property,
whether by individual students, student
organizations or University departments
is prohibited. As the campus of the "Anteater"
credit card, the UCI Alumni Association
is exempt from this policy although its
on-site solicitation is limited to one week
per quarter.
12. Registered campus organizations
may not sponsor non-University vendors or
commercial entities that promote the sales
or solicitation of merchandise or products
to the general campus.
B. Noncommercial Fund Raising by
Off-Campus Organizations
Noncommercial off-campus organizations
such as charitable organizations, public service
agencies, noncommercial political organizations,
and University or University-related groups
may engage in fund-raising activities on campus
only if they comply with time, place, and
manner regulations. Fund Raising by commercial,
non-University groups, is prohibited with
the exception of approved off-campus vendors.
(Refer to Section 900-16 of the UCI Policy
and Procedures Manual).
The following time, place and manner regulations
shall apply to fund raising activities by
off-campus, noncommercial organizations:
1. Organization shall provide UCI Scheduling
& Conference Services a copy of its
Internal Revenue Service exemption letter
(or similar document), verifying 501(c)(3)
status, prior to conducting any fund raising
activities on campus.
2. Organization shall complete a “Request
for Use of University Properties” and
submit it to Scheduling & Conference
Services prior to conducting any fund raising
activities on campus.
3. Organization shall secure a designated
campus location from Scheduling & Conference
Services prior to conducting any fund raising
activities on campus.
4. Organization shall perform its activities
from an approved location, utilizing a table
and chair(s). Organization may provide its
own table and chair(s) or reserve them in
advance from Scheduling & Conference
Services for a rental fee.
5. Organization shall provide signage,
literature and name badges, identifying
the name and purpose of all fund raising
activities at the designated location.
6. Organization shall provide to donors
receipts, identifying the name, date, address,
phone number of the soliciting organization
and the amount of the donation.
7. Organization shall not interfere
with the right of the University to conduct
its affairs in an orderly manner and to
maintain its property, nor may it interfere
with the University’s obligation to
protect the rights to all to teach, study,
and fully exchange ideas. Physical force,
the threat of force, blocking of ingress
or egress, and/or solicitation of an involuntary
audience is expressly forbidden
8. Fund raising activities shall not
be permitted within University classrooms
or buildings.
42.40 USE OF UNIVERSITY
PROPERTY FOR COMMERCIAL PURPOSES
Except as otherwise provided in these Policies,
campus regulations may adopt narrowly defined
restrictions on the use of University properties
for commercial purposes and personal financial
gain.
42.40
Temporary access to University properties by
off-campus vendors and commercial entities is
permitted to the extent that the activity becomes
a complementary part of the total services and
programs offered to UCI students, faculty, and
staff. (See Section 900-16 of the UCI Policy
and Procedures Manual.)
50.00 POLICY ON
CAMPUS EMERGENCIES
50.00
The California Emergency Plan is promulgated
in accordance with the provisions of the Act,
and provides statewide authority and responsibility,
and describes the functions and operations of
government at all levels during extraordinary
emergencies, including wartime. Article 1, Section
8550 of the California Emergency Services Act
states, in part, that one purpose of the Act
is "to provide for the rendering of mutual
aid by the state government and all its departments
and agencies and by the political subdivisions
of this state." UCI, as a campus of the
only State of California land grant university
system, is considered to be a special entity
of the State of California and under the California
Emergency Services Act should be considered
an extension of the State Emergency Operations
Plan.
Preparedness Planning, Training and
Exercises for UCI Faculty , Students, and Staff
1. Basic steps for personal, home,
and campus earthquake safety.
2. Training and exercises for first
response teams and operations zone captains.
3. Written school/department/unit
plans which detail essential functions, responsibilities,
and records to ensure prompt operations recovery.
4. Campuswide critical function team
training and exercises.
If no trained campus staff are available
when an emergency occurs, the Office of Emergency
Services has developed a brochure, "Campus
Emergency Procedures," which hangs in each
room of each building at UCI.
The publication provides step-by-step
instructions on what to do in the event of:
- Air Raid/Nuclear Alert
- Airplane Crash/Explosion
- Bomb Threat
- Civil Disturbance/Demonstration
- Earthquake
- Evacuation of Disabled Persons
- Fire
- Hazardous Material Incidents
- Medical Emergencies & First Aid
- Utility Failure
- Violence or Crime in Progress
51.00 STATE OF
EMERGENCY
A Chancellor may, after consultation with the
University President, and when possible with
student and faculty representatives, declare
a state of emergency to exist on the campus
when:
a) Extreme conditions exist on or within
the vicinity of the campus, resulting from
natural disasters, civil disorders which pose
a threat of serious injury to persons or damage
to property, or other such seriously disruptive
events; and
b) Extraordinary measures are required immediately
to avert, alleviate, or repair damage to University
property, or to maintain the orderly operation
of the campus.
52.00 EMERGENCY
REGULATIONS AND PROCEDURES
Chancellors shall adopt campus emergency regulations
and procedures, consistent with the provisions
of Section 13.30 of these
Policies.
53.00 EMERGENCY
SUSPENSION
53.10 During a
state of emergency, Chancellors or their designated
representatives are empowered to impose Emergency
Suspension on any student, faculty member, or
employee when there is a reasonable cause to
believe:
a) The individual has participated in a disturbance
of the peace or unlawful assembly, or has
acted in violation of the campus emergency
orders, has committed an act of physical violence
or has threatened to commit such an act, or
has committed a theft or has damaged property;
or
b) The individual's presence on campus will
lead to violation of campus emergency orders,
violence, intimidation, damage to property,
or other disruptive activity incompatible
with the orderly operation of the campus.
53.11 If Emergency
Suspension is imposed by a designated representative
of the Chancellor, such representative shall
immediately inform the Chancellor and shall
submit a written report on the action to the
Chancellor as soon as is reasonably possible.
The report shall contain a description of the
person suspended, including the person's name
and, if available, address and phone number,
and a statement of the facts giving rise to
the suspension. If the Chancellor does not affirm
the action of the designated representative
within twenty-four hours after being informed
that the suspension has been imposed, the suspension
shall be deemed void and a reasonable effort
shall be made to inform the person who was suspended
that the suspension is void.
53.12 Any individual
placed on Emergency Suspension shall be given
written confirmation of the suspension, either
by delivering it to the individual personally
or by mailing it to the individual's last known
address of record. The confirmation shall inform
the individual of the procedures by which the
validity of the Emergency Suspension can be
appealed, including the opportunity to obtain
a special hearing on the Emergency Suspension
in accordance with applicable campus procedures.
If an individual is found to have been unjustifiably
placed on Emergency Suspension, the University
is committed to a policy whereby reasonable
efforts are taken to assist an individual who
has been disadvantaged in employment or academic
status.
53.12
The outcome of the appeal shall have no bearing
on University disciplinary proceedings arising
from the conduct which gave rise to the Emergency
Suspension.
53.13 Any individual
placed under Emergency Suspension shall not,
during the period of suspension, enter upon
specified areas of the campus or engage in specified
activities, as set forth in the written Notice
of Emergency Suspension. The exclusion or restriction
shall be limited to the minimum extent necessary
to protect the health and safety of persons
or property, or to maintain the orderly operation
of the campus.
53.14 Violation
of any condition set forth in the Notice of
Emergency Suspension shall subject the individual
to disciplinary proceedings based upon such
violation.
53.14
Emergency Suspension During a Declared State
of Emergency
A. Imposition of Emergency Suspension
If emergency suspension is imposed
on a student by a designated representative
of the Dean of Students, that representative
shall immediately inform the Vice Chancellor
for Student Services and shall submit a written
report on the action as soon as is reasonably
possible. The report shall contain a description
of the student suspended, including the student's
name, address, and phone number, and a statement
of the facts giving rise to the emergency
suspension.
If the Vice Chancellor for Student
Services does not affirm the emergency suspension
by the end of twenty-four hours, it shall
be deemed void and a reasonable effort shall
be made to inform the student that the emergency
suspension is void. The twenty-four hour time
period shall begin when the Vice Chancellor
for Student Services receives the written
report. Should the emergency suspension be
voided, that shall have no bearing on the
University's disciplinary proceedings arising
from the conduct which gave rise to the emergency
suspension. Any such disciplinary proceedings
shall be conducted under the normal procedures
provided in these policies.
A student placed on emergency suspension
which is affirmed by the Vice Chancellor for
Student Services, shall be given prompt written
notice of the emergency suspension. The confirmation
shall inform the student of the conduct which
gave rise to the emergency suspension, and
of the opportunity to obtain a prompt, special
hearing on the suspension.
B. Appeal of Emergency Suspension
If emergency suspension is imposed
on a student by a designated representative
of the Dean of Students and is not voided
pursuant to the provisions of above, the student
may choose to have a special hearing on the
issue of the necessity of the emergency suspension.
The appeal shall be heard by a designated
representative of the Dean of Students other
than the representative imposing the emergency
suspension. Such a hearing shall have scheduling
priority and must occur within ten (10) days
of the imposed sanction. The student may be
assisted at the hearing by a representative
from ASUCI, AGS, or AMS, an attorney, or any
other representative of the student's choice.
The student may present evidence supporting
the discontinuance of the suspension.
The designated representative of
the Office of the Dean of Students is obligated
to investigate the facts which gave rise to
the emergency suspension. Within three (3)
days of the conclusion of the appeal hearing,
the Vice Chancellor for Student Services shall
determine if the emergency suspension is necessary.
If the Vice Chancellor Student Services determines
that the emergency suspension is unnecessary,
he/she is authorized to void the emergency
suspension. A voided or lifted emergency suspension
shall have no bearing on University disciplinary
proceedings arising from the conduct which
gave rise to the emergency suspension. Any
such disciplinary proceedings shall be conducted
under the normal procedures described in this
document.
If emergency suspension is neither
voided nor lifted pursuant to the provisions
above, the normal procedures provided for
student disciplinary cases shall be followed,
except that students under emergency suspension
shall have a scheduling priority at each step
of the proceedings.
60.00 REGISTERED
CAMPUS ORGANIZATIONS
60.10 REGISTRATION
REQUIREMENTS
An organization whose membership is limited
to students, faculty, or staff of a particular
University campus may become a registered campus
organization by complying with the requirements
and procedures set forth in campus regulations,
which shall include furnishing a statement of
the name of the organization, its purposes,
its officers or other authorized representatives,
and other pertinent information that may be
specified in campus regulations. Membership
in registered campus organizations may be extended
to individuals other than students, faculty,
and staff, under conditions specified in campus
regulations.
60.10
Registration of Campus Organizations
All registered campus organizations
are entitled to a variety of services through
the Office of the Dean of Students such as assistance
with program planning, and advice on publicity,
fund raising, and campus regulations. Organizations
are encouraged to avail themselves of faculty
or staff advisors. Assistance in securing advisors
is provided by the Office of the Dean of Students
.
A. Requirements for Registration
An organization may become a registered
UCI campus organization by filing the following
information with the Office of the Dean of
Students.
1. Registration Forms (Including
University Nondiscrimination Statement)
2. Financial Responsibility Statement
3. Constitution Form
4. The Nonhazing Compliance Form.
(See Appendix F
for Anti-Hazing Statute of the Education
Code of the State of California.)
5. Principles of Community Compliance
Form
Registration must be renewed annually
and is subject to revocation. Registration
of any campus organization does not imply
that such organizations are sponsored, endorsed,
or favored by the University.
B. Change of Officers
When a change in officers occurs,
each organization shall file a new Registration
Form and a new Statement of Financial Responsibility
with the Office of the Dean of Students.
C. Membership of Non-University Persons
Non-University persons may participate
in campus organization activities as associate
members. Associate members may not hold office,
vote on organizational issues, or assume fiscal
responsibility on behalf of the organization.
D. Financial Responsibility
A campus organization sponsoring
a function or supporting it by the use of
its name or its funds shall be responsible
for damage to University property occurring
during the function and for the damages of
its members or guests attending that function.
It is also responsible for any outstanding
debts or expenses incurred as a result of
sponsorship activities as a result of actions
of members or nonmembers.
If payments to any vendor exceed
$600 in a calendar year, the sponsoring campus
organization is required to report those payments
to the Internal Revenue Service on a 1099
form.
E. Faculty and Staff Advisors
It is highly encouraged that campus
organizations avail themselves of a faculty
or staff advisor. Assistance in securing an
advisor is provided by the Office of the Dean
of Students.
60.20 CONDUCT
AND DISCIPLINE
Registered campus organizations are required
to comply with University policies and campus
regulations or they will be subject to revocation
of registration, loss of privileges, or other
sanctions for violation of such policies or
regulations. In denying or revoking registration
or applying sanctions, campus regulations shall
provide an opportunity for a hearing, at the
request of the registered campus organization,
with basic standards of procedural due process.
60.20
Compliance with University Policies and Campus
Regulations
Whether on or off campus, it is expected
that the membership of registered campus organizations
shall comply with University policies and campus
regulations. Violations may result in the revocation
of registration or other sanctions as listed
in Section 105.00. Situations
or incidents involving alleged violations will
be referred to the proper judicial officer or
body for review and/or action. See Section
103.00 for Student Discipline Procedures.
Section 110.00
(Student Grievance Procedures) establishes the
process for review of a denied or revoked registration
of a campus organization.
60.30 USE OF UNIVERSITY
NAME
A registered campus organization shall not
use the name of the University of California
or abbreviations thereof as a part of its own
name except in accordance with University policies
and campus regulations.
60.30
Use of the University Name by a Registered Campus
Organization
Permission to use the name of the University
of California, Irvine, or any abbreviation thereof
as part of the registered campus organization's
name may be granted only by the Chancellor or
the Chancellor's designee.
1. A registered campus organization
shall not use the name of the University of
California or abbreviations thereof as part
of its own name. For the purpose of geographical
designation, "at UCI" may be used
as part of the directions.
2. A registered campus organization
may state that its membership is composed
of students, faculty, and staff of the University
of California, but shall not indicate or imply
that it is acting on behalf of the University
or with its approval or sponsorship.
3. Student-produced publications,
student-operated radio television stations,
and registered campus organizations may take
positions on issues but must avoid any implications
that they are representing the views of the
University, or the student government, or the
student body as a whole.
60.40 USE OF UNIVERSITY
PROPERTIES
All use of University properties and services
by registered campus organizations must conform
to Section 40.00 of these
Policies and applicable campus time, place,
and manner regulations.
60.50 FISCAL ACCOUNTABILITY
Chancellors may investigate, through audits
or other means, and take action to ensure that
fiscal activities of registered campus organizations
on University properties comply with legal requirements
and University policies and procedures applicable
to such practices.
60.60 UNIVERSITY
SPONSORSHIP
As provided in Section 41.00
of these Policies, registered campus organizations
using University property or services must avoid
any unauthorized implication that they are sponsored,
endorsed, or favored by the University.
60.70 VOLUNTARY STUDENT FEES
Campuses may collect voluntary fees from students
in support of registered campus organizations
as specified in Section 95.00
of these Policies.
70.00 UNIVERSITY
OBLIGATIONS AND STUDENT RIGHTS
71.00 Student
opinion and viewpoint should be sought on matters
affecting both the academic and nonacademic
experiences of students, and especially those
decisions which directly affect their welfare,
through drawing upon official student representation,
as well as additional means for seeking student
input as appropriate.
72.00 As members
of the University community, students shall
have the right to:
a) Have published annually by the University
those schedules of fees and charges which
must be paid by all students as a condition
of attendance; such schedules shall not be
subject to change during the year, except
on recommendation by the President and by
action of The Regents. Each campus shall issue
procedures as appropriate for challenging
whether such fees and charges are due and
for securing any refunds;
a) Public Notice of Mandatory Student
Fees
Information regarding mandatory fees
and charges and information regarding the
security of refunds due, are to be made available
by the Registrar. The schedule of fees, charges,
and refunds is to be published in the UCI
General Catalogue. If a student challenges
a fee assessed by a department and cannot
resolve the dispute through the department's
processes, the student may appeal to the Vice
Chancellor for Student Services or his/her
designee.
b) Have published annually by the University
refund schedules for new and continuing students;
c) Have published annually by the University
information about graduation rates of enrolled
students and student athletes and information
on campus crime statistics, as specified by
applicable law;
d) Receive annually written information on
the campus' standards of conduct regarding
the use of drugs, alcohol, and other illegal
substances, a statement affirming that disciplinary
sanctions will be imposed for violations of
the standards of conduct, a description of
the sanctions, and other information specified
by applicable law;
e) Protection against the improper collection
of information about students' political and
social views, beliefs, and associations;
f) Access to, and protection against the
improper disclosure or withholding of, information
from student records. Such access and protection
is largely governed by State and Federal laws.
It is the purpose of the Policies Applying
to the Disclosure of Information from Student
Records (Section 130.00
of these Policies) and implementing campus
regulations to provide reasonable interpretations
of pertinent laws and to protect the student's
right of privacy. When the law is silent,
the University shall be guided by two principles:
(1) privacy of an individual is of great weight,
and (2) the information in a student's file
should be disclosed to the student on request;
g) Participate in the governance of the University,
according to guidelines set forth by the campuses
or by the appropriate department in the Office
of the President (see also Section
80.00 and Section 120.00);
g) Student Representation on Official
Administrative Committees Students shall have
the opportunity to be represented on most
campus committees which make recommendations
to the Chancellor and the Vice Chancellors
on subjects affecting the campus community.
Equal consideration shall be granted to student
members of such committees as are granted
to faculty and staff members. The committees
have three roles:
1. Responding to suggestions or
to requests for advice;
2. Identifying needs or concerns
within the charge of the committee;
3. Recommending action.
Appointments of students are made
by the Chancellor or the appropriate Vice
Chancellor upon recommendations from ASUCI,
AGS, and AMS.
h) Have all academic decisions affecting
their academic standing, including the assignment
of grades, based upon academic considerations
only, administered fairly and equitably under
policies established by the Academic Senate.
In professional curricula, such decisions
may include consideration of performance according
to accepted professional standards. Equitable
grievance procedures, established pursuant
to Section 114.00 of
these Policies, shall be developed in consultation
with student representatives and implemented;
i) Petition the Academic Senate on matters
within the jurisdiction of the Senate;
j) Be free from University discipline for
actions committed involuntarily or under duress.
However, violations committed under the influence
of drugs, alcohol, or illegal substances will
be subject to discipline;
k) Equitable grievance procedures established
pursuant to Sections 111.00 through 112.00
of these Policies;
l) Petition for any change in these Policies,
or in implementing campus regulations, through
the appropriate campus or Universitywide office;
and
m) Petition to appear before the Board of
Regents, under procedures set forth in the
Bylaws and Standing Orders of The Regents.
Individual students are entitled to seek an
appearance before the Board to speak in open
committee or Board session on matters on The
Regents' agenda. Students must follow administrative
procedures established by their campuses to
appeal individual academic or administrative
decisions.
73.00 STUDENT
RECIPROCITY PRIVILEGES
Students registered for a current term on any
University campus shall be entitled to basic
outpatient health care services on another University
campus, under conditions that apply to students
registered on that campus.
80.00 POLICY ON
STUDENT GOVERNMENTS
81.00 Chancellors
have authority to authorize or discontinue student
governments as official units of the University
of California, responsible for representing
student constituencies comprising either the
student body as a whole or particular segments
of it. Chancellors may also assign to such student
governments specified powers and other responsibilities
concerning student affairs.
82.00 Student
governments may be supported by either compulsory
or voluntary fees. Fees established to support
a student government must be approved by the
Chancellor, except that no compulsory fees shall
be effective until approved by The Regents.
83.00 Compulsory
fees to support a student government may be
established or increased only following a referendum
in which at least a majority of a voting pool,
as specified prior to the referendum in campus
regulations, vote in favor of compulsory fees.
83.10 Compulsory
student government fees shall not be used to
support political, ideological, or religious
organizations or activities, including, but
not limited to, lobbying of public agencies
or officials. Definitions of such organizations
and activities are provided in the University's
Guidelines for Implementing the Requirements
of Smith v. Regents.
83.10
Student government legislation prohibits the
funding of operation cost of organizations.
Funding may only be provided for specific programs
which are open to the entire student population
and serve to complement the University's mission.
83.20 Compulsory
student government fees may be used for educational
purposes germane to the University's mission,
including support for registered campus organizations
and student activities. However, such fees may
not be used to support organizations or activities
which are predominantly political, ideological,
or religious. Chancellors shall develop guidelines
and procedures to determine which registered
campus organizations and activities are eligible
for compulsory student government fee funding
and shall establish procedures to allow a student
to seek a refund of that portion of his or her
fee which he or she believes continues to support
political, ideological, or religious organizations
or activities. Chancellors shall determine whether
student governments or the campus administration
is responsible for litigation costs that are
incurred as a result of violations of this section.
83.20
Any student who feels that his/her student government
fees have been used to support organizations
and/or activities in violation of the Smith
v. Regents decision may request a formal review
of the organization or activity. Forms are available
in the student government offices or the Office
of the Dean of Students.
84.00 Student
governments shall have the right to address
and take positions on public issues, as consideration
of such matters serves the University's educational
purposes. Positions on issues taken by student
governments shall not be represented as or deemed
to be official positions of the University.
No compulsory student government fees shall
be expended in support of such positions. Any
expenditures in support of such positions, funded
by voluntary student fees, must avoid any implication
that the positions taken are sponsored, endorsed,
or favored by the University. This does not
affect the right of any student, as an individual,
to petition governmental officials or bodies.
85.00 Chancellors
are responsible for the fiscal soundness of
student governments. In the discharge of this
responsibility, Chancellors may make audits
of the finances of student governments, exercise
control over expenditures of their funds when
and to the extent necessary to maintain financial
solvency of student governments, and where necessary
may take action to ensure that any activity
under control of student governments is operated
in accordance with sound business practices
consonant with University policies and procedures
applicable to such practices.
90.00 POLICY ON
CAMPUS-BASED STUDENT FEES
The Regents have authority to impose fees for
any University purpose. Campus-based student
fees may be compulsory or voluntary. All campus-based
student fees must be approved by the Chancellors,
except that no compulsory campus-based fees
shall be effective until approved by The Regents.
91.00 COMPULSORY CAMPUS-BASED STUDENT FEES
Compulsory campus-based fees include fees levied
at individual campuses which must be paid by
all registered students to which the fee applies
to fund student-related services and programs,
including, but not limited to, student governments,
construction and renovation of student facilities
such as student centers and recreation facilities,
and student health insurance.
91.00
(See Appendix M
- Policy for Student Fee Funded Facilities)
91.10 This Policy
does not apply to Universitywide fees, fees
related to instruction, or other fees requiring
Presidential approval or campus-based miscellaneous
fees requiring Chancellor's approval.
92.00 REFERENDA
REQUIREMENTS FOR ESTABLISHING OR INCREASING
COMPULSORY CAMPUS-BASED STUDENT FEES
Compulsory campus-based fees may only be established
or increased following a referendum in which
students vote in favor of compulsory fees, except
as provided herein.
92.10 To establish
or increase a compulsory campus-based fee, Chancellors
shall establish in campus regulations, prior
to any referendum:
92.11 Procedures
for student consultation, and in the case of
student fee-funded facilities, procedures for
continuing student consultation once the facility
is constructed;
92.12 Voting pool
requirements, in which a substantial number
of students, as specified by the Chancellor
in advance of the referendum, participate; and
92.13 Requirements
for at least a majority vote approval.
92.20 All referendum
results are advisory to the Chancellor and subject
to final decision by the Chancellor and approval
by The Regents.
93.00 EXCEPTIONS TO REFERENDA REQUIREMENTS
An increase in compulsory campus-based fees
does not require a student referendum when any
of the following circumstances apply:
93.10 A student
referendum was not specifically required for
increases in a campus-based fee, as established
in the original referendum document.
93.20 The Chancellor
determines that an increase is necessary for
the health and safety of students such as the
maintenance of the safety of a building or facility
that is funded wholly or in part by student
fees. Safety issues are those which are potentially
dangerous such as risk of fire, asbestos, earthquakes,
or structural deficits. For buildings or facilities
with multiple uses, the costs to students for
funding safety-related or health-related maintenance
should be based, whenever possible, on the proportion
of current student use of the facility.
93.30 The increase
is necessary to meet legal requirements, such
as new code requirements, or contractual obligations,
such as income projections, specified in the
funding covenants of a building or facility
that is funded wholly or in part by student
fees. For buildings or facilities with multiple
uses, the costs to students for such increases
should be based, whenever possible, on the proportion
of current student use of the facility.
94.00 REQUIREMENTS
FOR REDUCING OR ELIMINATING A COMPULSORY CAMPUS-BASED
STUDENT FEE
Chancellors shall establish in campus regulations
procedures for reducing or eliminating a compulsory
campus-based student fee.
94.00
The redirection or re-appropriation of any existing
mandatory student government fee, i.e., ASUCI,
AGS, GSMSA or AMSG, is not appropriate or in
accordance with University or Regental delegated
authority. Locking in a specific dollar amount
to be appropriated for a specific program, organization,
or service would be an example of an inappropriate
redirection or re-appropriation action.
95.00 VOLUNTARY STUDENT FEES
95.10 Chancellors
may establish procedures permitting the use
of the registration process or other means to
collect voluntary fees from students in support
of registered campus organizations when:
95.11 The registered
campus organization serves the interests of
students enrolled at the University;
95.12 The voluntary
fee is collected following a referendum in which
a substantial number of students participate,
as specified by the Chancellor in advance of
the referendum, and in which at least a majority
of those voting vote in favor of the collection
of the fee; and
95.13 The voluntary
fee is collected using procedures that ensure
that each student is not assessed a fee unless
he or she elects by means of a positive check-off
to pay the fee to the designated registered
campus organization.
95.20 Such procedures
shall provide that collection of such a fee
does not constitute sponsorship or endorsement
by the University of the registered campus organization.
95.30 The costs
of collecting the fee must be borne by the registered
campus organization.
100.00 POLICY
ON STUDENT CONDUCT AND DISCIPLINE
The University of California, Irvine is
a public institution responsible for providing
instruction in higher education, for advancing
knowledge through scholarship and research,
and for providing related services to the community.
As a center of learning, the University has
an obligation to maintain conditions under which
the work of the University can go forward freely,
in accordance with the highest standards of
quality, institutional integrity, and freedom
of expression.
Admission to the University carries with
it the presumption that students will conduct
themselves as responsible members of the academic
community. As a condition of enrollment, all
students assume responsibility to observe standards
of conduct that will contribute to the pursuit
of academic goals and to the welfare of the
academic community. Students who allegedly violate
the University's standards of conduct will be
afforded basic standards of procedural due process.
The primary goal of Student Judicial Affairs
is to afford students an opportunity to learn
from their mistakes and to promote positive
behavior and lifestyle changes that ensure academic
and professional success.
101.00 STUDENT
CONDUCT
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 University policies and
campus regulations.
The standards of conduct apply to students
as the term 'student' is defined in Section
14.50 of these Policies. They also apply 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.
If specified in implementing campus regulations,
these standards of conduct may apply to conduct
which occurs off campus and that would violate
student conduct and discipline policies or regulations
if the conduct occurred on campus.
101.00a OFF-CAMPUS
BEHAVIOR
In addition to conduct which occurs on University
property or in connection with official university
functions, the University shall have the discretion
to exercise jurisdiction over off-campus behavior
if it 1)adversely affects the health, safety,
or security of any member of the campus community
or 2) adversely affects the interests of the
University. In determining whether or not to
exercise off-campus jurisdiction, the University
will consider the seriousness of the alleged
harm, the risk of harm involved, whether the
victim(s) are members of the campus community
and/or whether the off-campus conduct is part
of a serious of actions which occurred both
on and off campus. The discretion to exercise
off-campus jurisdiction includes but is not
limited to the following behavior:
Sec. 102.08-Physical abuse, including
but not limited to, rape, sexual assault,
sex offenses, and other physical assault;
threats of violence; or conduct that threatens
the health or safety of any person. (See Appendix
E)
Sec. 102.09-Sexual harassment; unwelcome
sexual advances, requests for sexual favors,
and other verbal or physical conduct of a
sexual nature (see section 102.09 below for
details).
Sec. 102.10-Stalking behavior in which
an individual willfully, maliciously, and
repeatedly engages in a knowing course of
conduct directed at a specific person which
reasonably and seriously alarms, torments,
or terrorizes the person, and which serves
no legitimate purpose.
Sec. 102.12-Hazing or any method of initiation
or pre-initiation into a campus organization
or any activity engaged in by the organization
or members of the organization which causes,
or is likely to cause, bodily danger, physical
harm, or personal degradation or disgrace
resulting in physical or mental harm to any
student or other person. (See
Appendix F).
102.00 GROUNDS
FOR DISCIPLINE
Chancellors may impose discipline for the commission
or attempted commission (including aiding or
abetting in the commission or attempted commission)
of the following types of violations by students,
as well as such other violations as may be specified
in campus regulations:
102.01 All forms
of academic misconduct including but not limited
to cheating, fabrication, plagiarism, or facilitating
academic dishonesty.
102.02 Other forms
of dishonesty including but not limited to fabricating
information, furnishing false information, or
reporting a false emergency to the University.
102.03 Forgery,
alteration, or misuse of any University document,
record, key, electronic device, or identification.
102.04 Theft of,
conversion of, destruction of, or damage to
any property of the University, or any property
of others while on University premises, or possession
of any property when the student had knowledge
or reasonably should have had knowledge that
it was stolen.
102.05 Theft or
abuse of University computers and other University
electronic resources such as computer and electronic
communications facilities, systems, and services.
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. (See
Appendix K).
Use of University computer and electronic communications
facilities, systems, or services that violates
other University policies or campus regulations.
102.06 Unauthorized
entry to, possession of, receipt of, or use
of any University services; equipment; resources;
or properties, including the University's name,
insignia, or seal.
102.07 Violation
of policies, regulations, or rules governing
University-owned, -operated, or -leased housing
facilities or other housing facilities located
on University property.
102.08 Physical
abuse including but not limited to, sexual assault,
sex offenses, and other physical assault; threats
of violence; or other conduct that threatens
the health or safety of any person. (See
Appendix E).
102.09 Sexual
harassment, as defined in University policy
(see Section 160.00): Unwelcome sexual advances,
requests for sexual favors, and other verbal,
nonverbal or physical conduct of a sexual nature
constitute sexual harassment when:
a. A student who is also an employee of the
University makes submission to such conduct,
either explicitly or implicitly, a term or
condition of instruction, employment, or participation
in other University activity over which the
student has control by virtue of his or her
University employment; or
b. A student who is also an employee of the
University makes submission to or rejection
of such conduct a basis for evaluation in
making academic or personnel decisions affecting
an individual, when the student has control
over such decisions by virtue of his or her
University employment ; or
c. Such conduct by any student has the purpose
or 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.
In determining whether the alleged conduct
constitutes sexual harassment, consideration
shall be given to the record of the incident
as a whole and to the totality of the circumstances,
including the location of the incident and the
context in which the alleged incidents occurred.
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.
102.10 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 University to seriously alarm, torment,
or terrorize the person; and where the threat
is additionally determined by the University
to serve no legitimate purpose.
102.11 Harassment
by a student of any person. For the purposes
of these Policies, 'harassment': a) 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;
b) must target a specific person or persons;
and c) must be addressed directly to that person
or persons. (See
Appendix M).
Prior to applying this provision of policy to
any student conduct, the campus is required
to consult with the Office of General Counsel
regarding its proper interpretation and application
in light of the specific circumstances.
102.12 Participation
in hazing or any method of initiation or pre-initiation
into a campus organization or other activity
engaged in by the organization or members of
the organization at any time which causes, or
is likely to cause, physical injury or personal
degradation or disgrace resulting in psychological
harm to any student or other person. (See
Appendix F).
102.13 Obstruction
or disruption of teaching, research, administration,
disciplinary procedures, or other University
activities.
102.14 Disorderly
or lewd conduct.
102.15 Participation
in a disturbance of the peace or unlawful assembly.
102.16 Failure
to identify oneself to, or comply with the directions
of, a University official or other public official
acting in the performance of his or her duties
while on University property or at official
University functions; or resisting or obstructing
such University or other public officials in
the performance of or the attempt to perform
their duties.
102.17 Unlawful
manufacture, distribution, dispensing, possession,
use, or sale of, or the attempted manufacture,
distribution, dispensing, or sale of controlled
substances, identified in federal and state
law or regulations.
102.18 Manufacture,
distribution, dispensing, possession, use, or
sale of, or the attempted manufacture, distribution,
dispensing, or sale of alcohol that is unlawful
or otherwise prohibited by, or not in compliance
with, University policy or campus regulations.
(See Appendix D)
102.19 Possession,
use, storage, or manufacture of explosives,
firebombs, or other destructive devices.
102.20 Possession,
use, or manufacture of a firearm or other weapon
as prohibited by campus regulations.
102.21 Violation
of the conditions contained in the terms of
a disciplinary action imposed under these Policies
or campus regulations.
102.21a.
Violation of campus regulations regarding pets
and animals on campus.
102.22 Violation
of the conditions contained in a written Notice
of Emergency Suspension issued pursuant to Section
53.00 of these Policies or violation
of orders issued pursuant to Section 52.00 of
these Policies, during a declared state
of emergency.
102.23 Selling,
preparing, or distributing for any commercial
purpose course lecture notes or video or audio
recordings of any course unless authorized by
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
these Policies whether or not it was
the student or someone else who prepared the
notes or recordings.
Copying for any commercial purpose handouts,
readers or other course materials provided by
an instructor as part of a University of California
course unless authorized by the University in
advance and explicitly permitted by the course
instructor or the copyright holder in writing
(if the instructor is not the copyright holder).
(See Appendix H)
102.24 Violation
of local, state, or federal laws otherwise not
covered under these standards of conduct.
Students are encouraged to notify appropriate
administrative officials regarding observed
or known incidents or misconduct as follows:
a. Theft, vandalism, assault, and any
other offense believed to constitute a crime
should be reported directly to the Campus Police.
b. Violations of policies or regulations
regarding academic dishonesty should be reported
in accordance with the UCI Academic Senate Policies
on Academic Dishonesty.
c. Violations of regulations concerning
the time, place, and manner of the use of University
grounds, buildings, or other facilities by individuals
and campus groups shall be reported to the UCI
Scheduling Center, the appropriate scheduling
office, and/or the Campus Police.
d. Violations of policies, campus
regulations, or rules governing residence in
University property should be reported to Housing
Administration.
e. All other violations or alleged violations
of these regulations should be reported to the
Office of the Dean of Students for investigation
and determination of further action.
103.00 STUDENT
DISCIPLINE PROCEDURES
103.10 PROCEDURAL
DUE PROCESS
Procedural due process is basic to the proper
enforcement of University policies and campus
regulations. Chancellors shall establish and
publish campus regulations providing for the
handling of student conduct cases in accordance
with basic standards of procedural due process.
Consistent with this requirement, procedures
specified in such regulations shall be appropriate
to the nature of the case and the severity of
the potential discipline.
For sanctions less that suspension or expulsion,
or for matters resolved informally, basic standards
of due process include the following:
a. Notice to the accused of the charges
and evidence made against him/her.
b. Opportunity of the accused to
respond to the evidence made against him/her.
103.10a
Campus Disciplinary Procedures
Unless otherwise noted, these procedures
shall similarly apply to individual students
as well as registered campus organizations.
If, as part of the activities of a registered
campus organization, individual students violate
the standards of conduct, the organization as
a whole may be subject to disciplinary action.
Allegations of academic dishonesty will
be handled in accordance with the Academic Senate
Policy on Academic Honesty.
Unless otherwise noted, violations of campus
housing policies by undergraduate residents
will be handled in accordance with the "Housing
Judicial Process" as set forth in the "Undergraduate
Housing Handbook." Cases of housing violations
may be referred to and reviewed by the Director,
Student Judicial Affairs for potential imposition
of additional disciplinary sanction. If a case
is referred, the student will receive notice
of such referral.
A. Definitions
1. The term "student" means
an individual for whom the University maintains
student records and who: (a) is enrolled in
or registered with an academic program of the
University; (b) has completed the immediately
preceding term and is eligible for enrollment,
including the recess periods between academic
terms; or (c) is on approved educational leave
or other approved leave status, or is on filing-fee
status.
2. Registered Campus Organization: An organization
whose membership is limited to students, faculty,
or staff of the campus and which has complied
with the requirements for registration.
3. Notice: Wherever notice is required to
be given to any student, it shall be conclusively
presumed that the student has been given such
notice if it has been sent to the student by
mail to the address appearing on either the
student's current local address or permanent
address on record.
4. Days: The term "days"
shall be defined as the normal business day
and shall not include Saturdays, Sundays, legal
holidays, or University administrative holidays.
B. Notification of Alleged Violation(s)
to Student
Cases involving alleged misconduct of students
shall be referred to the Director, Student Judicial
Affairs, or his/her designated representative
(hereafter collectively referred to as "Director,
Student Judicial Affairs").
When cases involving alleged misconduct
of students are referred to the Director, Student
Judicial Affairs, he/she shall inform the student
in writing of the following:
1. The University policies or campus regulations
that the student has allegedly violated,
2. That he/she has seven (7)
days from the date appearing on the letter of
notification to contact the Office of the Dean
of Students to schedule an investigative conference,
3. That prior to the investigative
conference, he/she may seek legal advice and/or
advice from the office of the University Ombudsman,
and
4. That failure to schedule the investigative
conference may result in an administrative
hold being placed on his/her records.
C. Administrative Holds
If the student does not contact the Office
of the Dean of Students within the seven (7)
day period, a hold may be placed on his/her
records which will prevent the processing of
transcripts, grade posting, registration and/or
enrollment materials, etc. No separate notice
will be given that a hold has been placed on
his/her records. The hold may be removed upon
contacting the Director, Student Judicial Affairs.
Holds may also be placed on students' records
at any point in the disciplinary process to
assure compliance with sanctions, pending the
resolution of disciplinary matters or a formal
hearing. When the terms and conditions of sanctions
have been satisfied and/or pending disciplinary
matters have been resolved, holds may be removed.
D. Notification of Alleged Violation(s)
to Registered Campus Organizations
When cases involving alleged misconduct
by students as part of the activities of a registered
campus organization are referred to the Director,
Student Judicial Affairs, he/she shall
inform the organizational representative(s)
in writing of the following:
1. The University policies or campus
regulations that the registered campus organization
has allegedly violated, and
2. That the organizational representative
has seven (7) days from the date appearing on
the letter of notification to contact the Director,
Student Judicial Affairs to schedule an investigative
conference.
3. Based on the serious nature of the allegations,
the Director, Student Judicial Affairs may suspend
the organization's recognition pending conclusion
of the investigation.
E. Investigative Conference
The investigative conference is an attempt
to give the accused student an opportunity to
respond to the charges, and implement sanctions
if a violation is found. Other than the accused
student and Director, Student Judicial Affairs,
other parties, including legal counsel retained
by the student, if any, may be excluded from
participating in the investigative conference.
At the investigative conference, the Director,
Student Judicial Affairs shall:
1. Inform the student of the specific
allegations made against him/her;
2. Indicate the applicable University
policy(ies) or campus regulations alleged to
have been violated;
3. Make a reasonable effort, as permissible
under federal and state law, to comply with
requests by the student for access of documents
relevant to the case; and
4. Give the student the opportunity to respond
to the charges and evidence against him/her.
At the conclusion of the investigative conference(s),
the Director, Student Judicial Affairs may conclude
that no violation has occurred and therefore,
that no further action is warranted. If, however,
the Director, Student Judicial Affairs believes
that a violation has occurred based on the preponderance
of the evidence, the case will be disposed of
either informally or through formal hearing
depending upon the potential sanction(s). Students
subject to sanction(s) less than suspension
or expulsion will have their case disposed of
informally. Students subject to suspension or
expulsion are entitled to a formal hearing before
the Student Discipline Review Board. Students
may waive their right to a formal hearing and
accept as final and binding the proposed suspension
or dismissal, by signing a waiver.
Registered Campus Organizations
As a general practice, cases of alleged
misconduct by a registered campus organization
will be resolved informally. Before a registered
campus organization residing in undergraduate
campus housing, is subject to sanction(s) pursuant
to the housing judicial process, the Director
of the housing complex (or designee) will consult
with a designated representative from the Office
of the Dean of Students to determine appropriate
sanction(s) for minor infractions. In cases
of more serious infractions (e.g. physical abuse,
destruction of university property, etc.) that
would potentially lead to more severe discipline,
the Director of the housing complex will consult
with the following individuals or his/her designees:
Associate Director, Residential Life, Residence
Life Coordinator, Associate Dean of Students
and if applicable, Greek Advisor. All persons
involved in the consultation process will meet
with the organizational representative to deliver
the sanction(s).
Registered campus organizations subject
to revocation of recognition are entitled to
a formal hearing before the Student Discipline
Review Board. Organizations subject to such
sanctions are entitled to resolve the matter
informally and without a formal hearing, by
having a designated organizational representative
sign a waiver of the right to a formal hearing.
Before a registered campus organization
residing in undergraduate campus housing, is
subject to revocation of recognition for misconduct
outside the scope of the housing judicial process,
the Director, Student Judicial Affairs will
consult with a designated representative from
undergraduate housing.
In cases of alleged misconduct by a registered
campus organization, if the organization is
not found responsible for the alleged violation(s),
this does not preclude the initiation of disciplinary
action against an individual student for his/her
misconduct.
F. Informal Disposition of the Case and
Notification of Sanction(s)
If after the investigative conference, the
Director, Student Judicial Affairs believes
a violation has occurred and decides to resolve
the case informally, he/she may unilaterally
impose one or more of the sanctions listed in
Section 105.00 (except 105.05, Suspension and
105.06, Dismissal, which require opportunity
for formal hearing) and shall notify the student,
in writing, of the sanction(s) to be imposed
and of his/her right to appeal the sanctions(s)
within the stated period of time.
G. Appeal of Sanction(s) After Informal
Disposition
1. After receiving written notice of the
sanction(s) to be imposed, the student may appeal
the decision to the Dean of Students only if
all of the following requirements are met: (a)
the appeal is in writing, (b) the appeal is
expressly based upon one of the grounds specified
in section (H) below, and (c) the appeal is
received by the Dean of Students by the stated
deadline. The deadline shall not be more than
seven (7) days from the issuance of the letter.
2. A meeting to discuss the appeal will
be held by the Dean of Students attended by
the student and the Director, Student Judicial
Affairs. All matters considered at this meeting
will pertain only to the stated basis for the
appeal.
3. Appeals of sanctions for housing violations
by registered campus organizations will be directed
to the Vice Chancellor for Student Affairs.
That appeal must: (a) be in writing from the
organizational representative, (b) be expressly
based upon one of the grounds specified in Section
(H) below, and (c) be received by the Dean of
Students within seven (7) days from the date
appearing on the notice of sanction.
H. The Appeal will be Granted or Denied
based on:
1. Whether there is new evidence which could
not be adduced at the time of the investigative
conference which is likely to change the result;
2. Whether there was a violation of due
process;
3. Whether the sanction imposed was too
harsh given the finding of fact.
Upon completion of the review by the Dean
of Students (or his/her designee), he/she may
affirm, modify, or reverse the sanction(s).
The decision of the Dean of Students (or his/her
designee) is final. Sanction(s) may not become
effective until completion of this appeal process
unless otherwise indicated.
For appeals of sanctions for housing violations
by registered campus organizations, the Vice
Chancellor for Student Affairs may affirm, modify,
or reverse the sanction(s). The decision of
the Vice Chancellor for Student Affairs is final.
Sanction(s) may not become effective until completion
of this appeal process unless otherwise indicated.
I. Disposition if Student Withdraws from
the University
If a student withdraws from the University
before allegations or charges are made, no disciplinary
action can be taken since these Policies apply
to students as defined in Section 103.10. The
University may institute campus disciplinary
procedures if the former student enrolls in
the University at some future time.
If a student withdraws from the University
(a) during an investigation, (b) while subject
to pending disciplinary action, or (c) after
resolution of allegations or charges are made,
the Director, Student Judicial Affairs may proceed
to disposition without his/her presence or participation
in the process after an effort has been made
to notify the student of the proceedings by
mail to his/her current/permanent address and
the student has been given the opportunity to
be present and participate. Notification of
actions taken against the student, if any, will
be sent by mail to the student's current/permanent
address.
103.11 When a formal
hearing is deemed to be appropriate, campus
implementing regulations shall provide the following
minimum procedural standards to assure the accused
student a fair hearing:
a. Written notice, including a brief statement
of the factual basis of the charges, the University
policies or campus regulations allegedly violated,
and the time and place of the hearing, within
a reasonable time before the hearing;
b. The opportunity for a prompt and fair hearing
where the University shall bear the burden of
proof, and at which the student shall have the
opportunity to present documents and witnesses
and to confront and cross-examine witnesses
presented by the University; no inference shall
be drawn from the silence of the accused;
c. A record of the hearing; an expeditious
written decision based upon the preponderance
of evidence, that shall be accompanied by a
written summary of the findings of fact; and
d. An appeals process.
103.11a Formal
Resolution by the Student Discipline Review
Board
A. Initiation of Hearing Process
In cases of proposed suspension or dismissal
where the student has not waived the right to
a formal hearing, a designated representative
of the Office of the Dean of Students will make
the necessary arrangements for convening the
Student Discipline Review Board and shall notify
the student in writing of the date, time, and
place of the hearing.
The designated representative may advise
the student concerning the protocol or procedures
to be followed in the hearing and/or may refer
the student to the Ombudsman for assistance.
The student may also consult with ASUCI, AGS,
or AMS representatives, or their own legal counsel.
The designated representative will advise the
Board on the protocol or procedures to be followed
in the hearing as well as forward all necessary
documents relevant to the hearing. The designated
representative will not be involved in the hearing
process other than serving as a witness, if
called.
B. Jurisdiction of the Student Discipline
Review Board
The Board shall hear all cases referred
to it under these procedures. The Board will
make a de novo finding of fact to determine
whether the student violated University policies
or regulations as alleged, and make a recommendation
to the Office of the Dean of Students regarding
disposition of the case.
C. Composition of the Standing Pool for
the Student Discipline Review Board
Members of the Board shall be selected by
the Office of the Dean of Students from a standing
pool comprised of students and faculty/staff.
Undergraduate student members of this pool
must be registered students at UCI making normal
academic progress during each quarter of service
on the Board except that the requirement of
registration need not be met during the summer
quarter. Undergraduate student members must
have, at the time of selection, and must
maintain through the period of service on the
Board, a cumulative grade point average to reflect
good standing in their academic department.
Graduate student members must be registered
students at UCI making normal academic progress
during each academic term of service on the
Board except that the requirement of registration
need not be met during the summer quarter.
D. Composition of the Student Discipline
Review Board
The Dean of Students or designee shall select
the members of the Board who shall be drawn
from the standing pool of undergraduate and
graduate students and faculty/staff as described
above. Three students and two faculty/staff
persons chosen from the standing pool shall
comprise the Board.
The Dean of Students shall appoint a chair
and a member of the Office of the Dean of Students
to provide administrative support to the Board.
E. Hearings
It is the responsibility of the designated
representative to promptly schedule a hearing
of the case before the Board. Written notice
must be given to the accused student, or if
applicable, the designated representative of
a registered campus organization, (collectively
referred to as the "student" or "accused
student"), regarding the date, time, and
place of the hearing.
1. Hearings shall be held in accordance
with generally accepted standards of procedural
due process, including the right to reasonable
pre-hearing discovery of evidence, the opportunity
to present evidence in an orderly manner, and
the right to examine and cross-examine witnesses.
The accused student must present his/her own
case and may be accompanied by an attorney or
advisor. During the hearing, the attorney or
advisor may act as a consultant for the student,
but may not speak on the student's behalf. The
student shall pay all fees, costs and expenses
for the retention of an attorney.
If the student chooses to be accompanied
by an attorney, the Office of the Dean of Students
must be notified of this fact at least ten (10)
days prior to the hearing. In the interests
of expediency, as a general practice, hearings
shall not be delayed due to the unavailability
of an advisor/attorney.
2. The Chair of the Board shall rule on
all questions of procedure, the extent of pre-hearing
discovery, the admission or exclusion of evidence,
and the relevance of testimony. Evidence may
be received of the sort upon which responsible
persons are accustomed to rely in the conduct
of serious affairs and is not restricted to
evidence admissible under the strict rules of
evidence of a court of law. No inference shall
be drawn from the silence of the accused. Findings
shall be based on a preponderance of the evidence.
3. A tape recording shall be made of the
hearing. The accused student may make a tape
recording and may have the hearing recorded
by a court reporter at the student's expense.
Rulings shall not be based on precedents; it
is contemplated that rulings may vary from case
to case in accord with differences among types
and the circumstances surrounding individual
cases.
4. The hearing shall be closed unless the
parties involved agree to an open hearing. Witnesses,
if any, may be excluded from the hearing except
for the time they are testifying or responding
to cross-examination. The accused student may
be present throughout the hearing while evidence
is being presented. The referring party(ies)
may also be present throughout the hearing while
evidence is being presented.
If the hearing is open, the chair, unless
overruled by a majority of the Board, has a
right to exclude spectators from the viewing
room if deemed necessary for the orderly, quiet,
or secure conduct of the hearing.
F. Responsibility for Presentation
of Cases
The Director, Student Judicial Affairs shall
present the University's case of alleged student
misconduct. The accused student shall present
his/her defense.
G. Continuing Resolution
Until the Board makes its report to the
Office of the Dean of Students, the accused
student and the Director, Student Judicial Affairs,
may enter into a binding, written agreement
as to the disposition of the matter. This written
agreement shall explicitly state that the accused
student is waiving his/her right to a formal
hearing and appeal pursuant to these procedures.
H. Disposition if the Student Withdraws
from the University
If a student has withdrawn from the University
while subject to pending disciplinary action
and/or does not appear at the hearing after
being notified of the same, the Board may proceed
to disposition without the student's participation.
If a student files an appeal, but fails to participate,
the proceedings will end, the appeal will be
dismissed, and the recommended discipline will
be instituted.
I. Report of the Board to the Office of
the Dean of Students
After the hearing, the Board shall submit
written findings of fact together with a recommendation
for or against sanction(s). The Board's finding
that a violation has occurred must be supported
by a preponderance of the evidence. A minority
report may be submitted by any member or members
of the Board. Sanctions recommended by the Board
may include but are not limited to restitution,
warning, probation, loss of privileges, exclusion
from activities, suspension, or dismissal. Other
than its written findings of fact and recommendation
for/against sanctions to the accused, deliberations
of the Board are confidential.
J. Decision of the Office of the Dean of
Students
The Dean of Students shall notify the student
in writing of his/her decision regarding the
sanction(s) to be imposed, if any. A copy of
the Board's findings of fact may be enclosed
with the response.
If the Dean of Students chooses to take
the case under review and imposes greater sanctions
than those recommended by the Board, the student
may meet with him/her to discuss the case.
K. Appeal to the Vice Chancellor for Student
Affairs
If sanction(s) are upheld or imposed by
the Office of the Dean of Students, a student
may file a written appeal to the Vice Chancellor
for Student Affairs within seven
(7) days of the date appearing on the
notice of sanction. A student who files an appeal
after the deadline may be granted an appeal
upon showing good cause for the delay and showing
that the appeal was made as soon as possible
under the circumstances.
Appeals shall be limited to the following:
1. Whether the Board's findings of
fact sufficiently support the
finding of violation of University policies
or campus regulations for which the discipline
was imposed;
2. Whether there is new evidence
which could not be adduced at the time of the
original hearing which is likely to change the
result;
3. Whether there was a violation of due
process at the hearing;
4. Whether the sanction imposed was too harsh
given the finding of fact.
Upon completion of the review by the Vice
Chancellor for Student Affairs, he/she may affirm,
modify, or reverse the sanction(s). Sanction(s)
may not become effective until completion of
this appeal process unless otherwise indicated.
The Vice Chancellor's decision is final and
binding.
104.00 ADMINISTRATION
OF STUDENT DISCIPLINE
104.10 Chancellors
may impose discipline for violations of University
policies or campus 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 acts.
104.20 Each 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.
104.30 A student,
as defined in Section 14.50 of these Policies,
at one campus of the University, who is accused
of violation of University 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 impositions of any recommendations
for disciplinary sanctions arising from these
procedures must be reviewed and approved by
both campuses before the sanctions are imposed.
104.31 If an alleged
violation of University policies occurs in connection
with an official Universitywide 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
directs otherwise.
104.40 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 student's judicial records if
that information may be reasonably construed
to have bearing on the student's suitability
for a specific employment situation. This section
is also not intended to preclude an employer
from terminating a student's employment outside
the disciplinary process.
104.50 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.
104.60 If as a
result of an official campus 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 the University shall not be adversely affected.
104.70 The results
of any disciplinary action by the University
that alleged a forcible or non-forcible sex
offense, as defined in 34 CFR 668.48(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 University's final determination with
respect to the alleged sex offense; and (2)
any sanction that is imposed against the alleged
offender.
104.71 It is the
alleged victim's obligation to keep the results
of the disciplinary action or appeal confidential,
consistent with University policy and campus
regulations. The alleged victim's failure to
keep this confidentiality may be determined
by the campus to be grounds for discipline as
specified in Section 102.00 of these Policies.
(See also Section 130.722 of these Policies.)
104.80 Whether
or not a hearing is conducted, campuses may
provide written notice to students 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. Evidence of the prior alleged behavior
as detailed in the written notice may be introduced
in a subsequent disciplinary action in order
to enhance the penalty.
105.00 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.
105.01 Warning/Censure:
Written notice or reprimand to the student
that a violation of specified University policies
or campus regulations has occurred and that
continued or repeated violations of University
policies or 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.
105.02 [Rescinded
May 17, 2002]
105.03 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.
105.04 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 of Loss of Privileges and Exclusion
from Activities, or violation of University
policies or campus regulations during the period
of the sanction may be cause for further disciplinary
action, normally in the form of Probation, Suspension
or Dismissal.
105.05 Suspension:
Termination of student status at the campus
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 campus regulations
during the period of Suspension may be cause
for further disciplinary action, normally in
the form of Dismissal.
105.06 Dismissal:
Termination of student status for an indefinite
period. Readmission to the University shall
require the specific approval of the Chancellor
of the campus to which a dismissed student has
applied. Readmission after dismissal may be
granted only under exceptional circumstances.
105.07 Exclusion
from Areas of the Campus or from Official University
Functions:
Exclusion of a student as part of a disciplinary
sanction from specified areas of the campus
or other University-owned, -operated, or -leased
facilities, or other facilities located on University
property, or from official University functions,
when there is reasonable cause for 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 University property or at official
University functions, or other disruptive activity
incompatible with the orderly operation of the
campus.
105.08 Interim
Suspension:
Exclusion from classes, or from other specified
activities or areas of the campus, 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 University activities or presence at specified
areas of the campus will lead to physical abuse,
threats of violence, or conduct that threatens
the health or safety of any person on University
property or at official University functions,
or other disruptive activity incompatible with
the orderly operation of the campus. 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.
Interim Suspension shall be reviewed by the
Chancellor within twenty-four hours. If a student
is found to have been unjustifiably placed on
Interim Suspension, the University is committed
to a policy whereby reasonable efforts are taken
to assist an individual who has been disadvantaged
in an employment or academic status.
105.08a If
interim suspension, notice of which may be verbal
but must be confirmed in writing, is imposed
by the Dean of Students (or designee), he/she
shall immediately inform the Associate Vice
Chancellor for Student Affairs (or designee).
The notification to the Associate Vice Chancellor
shall include the student's name, the reasons
for imposing the interim suspension, and, if
available, the student's address and phone number.
Within twenty-four hours of the imposition of
the interim suspension, the Associate Vice Chancellor
for Student Affairs (or designee) shall review
the information provided by the Dean of Students
(or designee).
If the Associate Vice Chancellor for Student
Affairs (or designee) does not affirm
the interim suspension by the end of the twenty-four
hours, it shall be deemed void and a reasonable
effort shall be made to inform the student that
the interim suspension is void. Should the interim
suspension be voided, such a decision shall
have no bearing on the University's disciplinary
proceedings arising from the conduct which gave
rise to the interim suspension. Any such disciplinary
proceedings shall be conducted under the normal
procedures provided in these policies.
A student placed on interim suspension which
is also affirmed by the Associate Vice
Chancellor for Student Affairs shall be given
prompt written notice that the interim suspension
was upheld and that the student may request,
in writing, a meeting with the Vice Chancellor
for Student Affairs to challenge the interim
suspension. The written request must be submitted
within ten (10) days the student was first notified
of his/her interim suspension. Upon receipt
of the request, the student will immediately
receive notice of the time, place, and date
of the meeting. The Vice Chancellor for Student
Affairs shall convene this meeting within seven
(7) days from the date of receipt of the request.
Convening the meeting shall not restrict
the University's right to initiate disciplinary
proceedings for the conduct which gave rise
to the interim suspension. Any such disciplinary
proceedings shall be conducted under the normal
procedures provided for in these policies.
105.09 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.
105.10 Revocation
of Awarding of Degree:
Subject to the concurrence of the Academic
Senate, revocation of a degree obtained by fraud.
Such revocation is subject to review on appeal
by the Chancellor.
105.11 Other:
Other disciplinary actions, such as monetary
fines, community service, or holds on request
for transcripts, diplomas, or other student
records to be sent to third parties, as set
forth in campus regulations.
105.11a Other
Disciplinary Actions May Include:
a. University service: required participation
as an unpaid volunteer in activities which serve
the University.
b. Behavioral contract: specific requirements
relating to expectations of behavior.
c. Revocation of registration of a campus
organization.
d. Other actions as set forth in campus regulations.
106.00 Posting
Suspension or Dismissal on Academic Transcripts:
When, as a result of violations of the Policy
on Student Conduct and Discipline, a student
is suspended or dismissed, a notation that the
discipline was imposed must be posted on the
academic transcript for the duration of the
suspension or dismissal. Thereafter, notations
of Suspension or Dismissal reflected on a student's
transcript may be removed as set forth in campus
regulations.
110.00 POLICY
ON STUDENT GRIEVANCE PROCEDURES
111.00 Chancellors
shall develop and submit for approval by Student
Academic Services in the Office of the President,
and in consultation with the Office of the General
Counsel, procedures to resolve grievances claiming
to have been the subject of any of the following
types of University action:
111.10 Violation
of the privacy rights accorded by the Federal
Family Educational Rights and Privacy Act of
1974, portions of the State of California Education
Code, and the Policies Applying to the Disclosure
of Information from Student Records (see
Section 130.00);
111.20 Discriminatory
practices based upon sex, under Title IX of
the Education Amendments of 1972 or applicable
federal or state laws, or under the Student-Related
Policy Applying to Nondiscrimination on the
Basis of Sex (see Section 150.00) and the
Policy on Sexual Harassment and Complaint
Resolution Procedures (see Section 160.00);
111.30 Discriminatory
practices based upon disability, under Section
504 of the Rehabilitation Act of 1973 or the
Americans with Disabilities Act of 1990 or under
the Guidelines Applying to Nondiscrimination
on the Basis of Disability (see Section
140.00);
111.40 Discriminatory
practices based upon race, color, or national
origin, under Title VI of the Civil Rights Act
of 1964; and
111.50 Other types
of actions that may be grieved, such as discrimination
on the basis of sexual orientation, age, or
marital status, as specified in campus regulations.
112.00 Campus
student grievance procedures shall be developed
with student consultation, and shall at a minimum
meet the requirements of applicable federal
anti-discrimination and privacy laws. Once adopted,
they shall serve as the sole remedy within the
University for nonacademic student grievances
brought pursuant to any such law.
112.00a Grievances
of discrimination specified in Sections 111.20
to 111.50 shall be filed with and resolved by
the Office of Equal Opportunity and Diversity.
113.00 As provided
in state law, civil or criminal law remedies
including injunctions, restraining or other
court orders, and monetary damages also may
be available to complainants.
114.00 Assignment
of grades to students enrolled in University
classes is the exclusive prerogative of University
faculty. Grade-related and other academic grievances
are covered under separate policies established
in consultation with the Academic Senate.
114.00
In accordance with Academic Senate policies,
grade changes are authorized as follows:
A. Change of Grade - Clerical or
Procedural Error
The Registrar is authorized to change
a final grade upon written request of an instructor
provided a clerical or procedural error is
the reason for the change.
B. Change of Grade - Grievance Redress
The Divisional Chair of the Academic
Senate is authorized to direct the Registrar
to change a final grade according to the provisions
of (a) Student Academic Grievance Procedure
1.26 (See Appendix II of The Manual of the
Academic Senate) or (b) Irvine Regulation
A365(B), both of which require that a determination
be made that a grade was assigned base on
discrimination for reasons of race, color,
religion, marital status, national origin,
sex, or within the limits imposed by law or
University regulations, because of age or
citizenship.
Refer to The Manual of the Academic
Senate, Irvine Regulation A365 and Appendix
II of the same Manual.
120.00 POLICY
ON STUDENT PARTICIPATION IN GOVERNANCE
As members of the campus community, students
have a substantial interest in the governance
of the University. Their participation has increased
significantly in the last decades, and the University
has benefited from it. It is the intent of this
Policy to reaffirm the University's commitment
to the principle of student involvement in governance
in both administrative and academic areas and
to state the primary purposes and goals of that
involvement.
This commitment is based on the premise that
student participation is vital to a vigorous
intellectual exchange and the furtherance of
the objectives of University education and research.
Appropriate, effective, and productive student
involvement, consistent with the development
of policies that reflect the total needs of
the University, is the goal.
The governance of the University involves more
than the process of making decisions. The process
of governance provides a forum for group interaction,
expression of concerns, exploration of feasible
solutions, and reconciliation of diverse viewpoints.
Within this context, student participation serves
several functions.
First, it is important to the sound development
of policy. Student views and advice, often from
special perspectives, provide for more informed
University decision making. Participation should
be encouraged and strengthened through the involvement
of all levels of student representation.
Second, there is a recognition that students
have a vital interest in decisions directly
related to policies and programs affecting their
academic and non-academic experience at the
University. Clear procedures are required to
ensure that students are afforded access to
needed information, an opportunity to share
ideas, and encouragement to express concerns,
both formally and informally.
Finally, student participation is crucial to
ensure that student viewpoints are considered
on issues of importance to the University community.
This communication provides opportunities for
testing assumptions, for understanding the attitudes
of others, for sharing information, and for
developing understanding and mutual trust among
constituencies. The special nature of the University
requires a sense of community. While every decision
may not be wholly satisfactory to all parties,
the governance process should provide a forum
for candid discussion.
Efforts should continue to be directed toward
improving not only the extent but also the quality
and effectiveness of student involvement. To
these ends, the University must work to achieve
several goals.
First, the processes central to student involvement,
including the selection, training, and continuity
of student participants, need to be clearly
understood by all members of the campus community
and periodically reexamined. Care should be
taken, in particular, that the process of reaching
decisions in campus governance is openly communicated
and well understood. Second, building on existing
mechanisms, means for student participation
in administrative and academic areas should
be developed and implemented on the campuses
and in the Office of the President; it is important
that a variety of ways be provided to ensure
that the University gains full benefit from
student participation in those areas. Third,
areas where students are not now participating
need to be examined. In this regard, ways should
be sought to enhance student involvement in
academic departments, where important decisions
that affect students are made.
In order to achieve these goals, each campus
has developed a plan for student participation.
Essential to the success of such plans is a
periodic review of the procedures used by campus
academic and administrative departments, student
governments, and other student organizations,
and an evaluation of progress toward implementation
of the plan. This review process should involve
broad consultation with the campus community,
including formal consultation with student governments
and the Academic Senate. Campus plans for student
participation in institutional governance should
be made readily available for review. Matters
which have been delegated by The Regents to
the Academic Senate are beyond the scope of
these campus plans, but direct discussions between
students and the Academic Senate on student
participation in the deliberations of the Senate
should continue.
130.00 POLICIES
APPLYING TO THE DISCLOSURE OF INFORMATION FROM
STUDENT RECORDS
130.10 INTRODUCTION
130.11 University
of California campuses maintain various types
of records pertaining to students. Some are
maintained for academic purposes; others, such
as medical records, are maintained for other
specific purposes.
These policies apply only to records directly
related to students as students, hereafter referred
to as 'student records' in these policies (also
see Section 130.233). The disclosure of information
from student records is generally governed by
the Federal Family Educational Rights and Privacy
Act (FERPA).
These policies are not applicable to other
records that are maintained for purposes unrelated
to a student's status as a student. Specific
categories of such records are identified in
Section 130.234. The disclosure of information
from such records is governed by the California
Information Practices Act.
It is the purpose of these policies to provide
reasonable interpretations of the Federal Family
Educational Rights and Privacy Act and to protect
the student's right of privacy as guaranteed
by the Constitution of the State of California
and the Information Practices Act. When the
law is silent, the campuses shall be guided
by two principles: (1) the privacy of an individual
is of great weight, and (2) the information
in a student's file should be disclosed to the
student on request.
130.12 These policies
supersede the University of California Policies
Applying to the Disclosure of Information from
Student Records, Policies Applying to Campus
Activities, Organizations, and Students, dated
August 15, 1994. They incorporate the requirements
set forth in the regulations implementing the
Federal Family Educational Rights and Privacy
Act and all amendments thereto through April
25, 2002.
130.12a These
policies supersede the UCI campus implementation
guidelines of "Policies Applying to Disclosure
of Information from Student Records" published
August 1996.
130.13 Although
not strictly required under federal law, as
a matter of University policy, for the purposes
of implementing the provisions of the Family
Educational Rights and Privacy Act, the University
generally views itself as thirteen separate
institutions, rather than as a single entity.
The thirteen institutions include the nine general
campuses, the one health science campus, and
the three Department of Energy Laboratories
operated by the University. Therefore, personally
identifiable information contained in student
records maintained by one campus may not be
disclosed to the other campuses without the
written consent of the student, unless the disclosure
is consistent with the provisions of Section
130.70 of these Policies. Such information
may be disclosed by any campus to the Office
of the President, as permitted by Section 130.721(a)(2)
of these Policies.
130.20 DEFINITIONS
The following terms are defined for the purposes
of these policies and campus implementing regulations
made in accordance with them.
130.210 Student
130.211 A "student"
is an individual for whom the University maintains
student records and who: (a) is enrolled in
or registered with an academic program of the
University; (b) has completed the immediately
preceding term, is not presently enrolled, and
is eligible for re-enrollment; or (c) is on
an approved educational leave or other approved
leave status, or is on filing-fee status.
130.211a An
applicant is considered a UCI student once s/he
officially notifies UCI s/he intends to register,
e.g., the Statement of Intent to Register is
submitted.
130.212 "Enrolled
in or registered with" as specified in
these policies is equivalent to the term "attendance"
as used in the Family Educational Rights and
Privacy Act. The University uses enrollment
and registration rather than attendance as a
measure of student status.
130.220 Record
"Record" means any information recorded
in any way, including, but not limited to, handwriting,
print, computer media, video or audio tape,
film, microfilm, and microfiche.
130.230 Student
Records
130.231 "Student
records" are those records that contain
information directly related to a student and
that are maintained by a University of California
campus, the University of California Office
of the President, or by any organization authorized
to act on behalf of the University.
130.232 Student
records include, but are not limited to, academic
evaluations, including student examination papers,
transcripts, test scores and other academic
records; general counseling and advising records;
disciplinary records; and financial aid records,
including student loan collection records.
130.233 The term
"student records" as used in these
policies is synonymous with the term "education
records" in the Federal Family Educational
Rights and Privacy Act.
130.234 The term
"student records" does not include
the following records, and therefore such records
are not governed by these Policies.
a. Records of instructional, supervisory,
and administrative personnel and educational
personnel ancillary to those persons, which:
1. Are kept in the sole possession of the
maker of the record; and
2. Are not accessible or revealed to any
other individual, except to an individual
who performs on a temporary basis the duties
of the individual who made the record.
b. Campus Police records which are created
and maintained by campus police solely for law
enforcement purposes.
c. Employment records, when University employment
did not result from and does not depend upon
the fact that an individual is a student at
the University, provided that the employment
records:
1. Relate exclusively to the individual in
that individual's capacity as a University
employee.
2. Are made and maintained in the normal
course of business; and
3. Are not available for use for any other
purpose.
All records relating to a student who is also
an employee of the University are included in
the definition of student records, if the student's
employment is contingent upon the fact that
he or she is a student. For example, work-study
program records are student records.
d. Health records which:
1. Are created or maintained by a physician,
psychiatrist, psychologist, or other
recognized professional or paraprofessional
acting in his or her professional or paraprofessional
capacity, or assisting in that capacity;
2. Are created, maintained, or used only
in connection with the provision of treatment
to the student; and
3. Are not disclosed to anyone other than
individuals providing the treatment, except
that the records may be personally reviewed
by a physician or other appropriate professional
of the student's choice.
For the purpose of this definition, "treatment"
does not include academic and career advising,
tutoring, disability management counseling,
or any activities which are part of the program
of instruction offered by the campuses.
e. Applicant records of individuals who do
not enroll in or register with an academic program
of the University. If and when applicants become
students, their applicant records become student
records, which are then accorded the same privacy
rights as any other student records governed
by these policies. Insofar as applicant records
are not student records, they are governed by
the privacy protections found in the California
Information Practices Act (Civil Code §1798
et seq). See Section 130.210 for definition
of "student."
f. Records (i.e., alumni records) about a person
containing only information obtained from that
person after that person is no longer a student,
or relating to that person and obtained from
others after that person is no longer a student.
130.240 Personally
Identifiable Information
130.241
The term "personally identifiable
information" means any information that
identifies or describes a student. It includes,
but is not limited to, a student's name, the
name of a student's parent or other family members,
the address of a student or student's family,
any personal identifier such as a student's
social security number, and any personal characteristics
or other information that would make a student's
identity easily traceable.
130.242
Personally identifiable information
is divided into two categories:
1. directory information, which may be disclosed
to any party without the prior written consent
of the
student to whom the information pertains,
except as specified in Section 130.710, and
2. confidential information, which may not
be disclosed to any party without the prior
written consent
of the student to whom the information pertains,
except as specified in Section 130.720.
130.250 Directory
Information
130.251 The term
"directory information" means information
contained in a student record that would not
generally be considered harmful or an invasion
of privacy if disclosed. Pursuant to Section
130.711, campuses are required to give public
notice of the categories of personally identifiable
information that have been designated by the
campus as directory information. Campuses may
designate the following types of information
as "directory information": a student's
name, address (local and/or permanent), e-mail
address, telephone numbers, date and place of
birth, major field of study, dates of attendance,
grade level, enrollment status (e.g., undergraduate
or graduate, full time or part time), number
of course units in which enrolled, degrees and
honors received, the most recent previous educational
institution attended, photo, participation in
officially recognized activities, including
intercollegiate athletics, and the name, weight,
and height of participants on intercollegiate
University athletic teams.
130.251a UCI
designates the following as directory information:
a student's name, address (local and/or permanent),
e-mail address, photo, telephone numbers, date
and place of birth, major field of study, dates
of attendance, grade level, enrollment status
(e.g., undergraduate or graduate, full time
or part time), number of course units in which
enrolled, degrees and honors received, the most
recent previous educational institution attended,
participation in officially recognized activities,
including intercollegiate athletics, and the
name, weight, and height of participants on
intercollegiate University athletic teams.
130.252
The above categories of information,
as designated by each campus, may be considered
"directory information" unless a student
notifies the campus in writing or via electronic
procedures established by the campus that any
or all of the categories of information about
that student may not be disclosed (see
Section 130.710).
130.252a UCI
students wishing to restrict release of directory
information should contact the Office of the
Registrar or check the Registrar's web site
for information regarding this procedure.
130.253 [Rescinded
April 25, 2002]
130.260 Disclosure
The term "disclosure" means to permit
access to or the release, transfer, or other
communication of personally identifiable information
contained in a student record, to any party,
by any means, including, but not limited to,
oral, written, or electronic means.
130.265 Financial
Aid
"Financial aid" means the provision
of financial resources to students, based on
the strength of their academic achievements,
or on the strength of their financial need,
or on a combination of the two.
130.270 Campus
"Campus" means a University of California
campus. For the purposes of these Policies,
the term "campus" also applies to
Department of Energy Laboratories operated by
the University of California, subject to Laboratory
implementing regulations and contractual obligations
between The Regents and the Department.
130.275 University
"University" means the University
of California.
130.280 Campus
Official or University Official
A "campus official" or "University
official" is any individual designated
by the University of California to perform an
assigned function on behalf of the University.
A campus or University official may be:
a. a person employed by the University in
an administrative, supervisory, academic,
research,
or support staff position;
b. a person serving on a University governing
body;
c. a person employed by, under contract with,
or having entered into an agreement with the
University to perform a special task, such
as an attorney, an auditor, or a volunteer;
or
d. a student serving on an official committee,
such as a disciplinary or grievance committee,
or assisting another University official in
performing his or her tasks.
130.290 Legitimate
Educational Interest
130.291
"Legitimate Educational Interest"
means: (1) the information or record is relevant
and necessary to the accomplishment of some
task or determination; and (2) the task or determination
is an employment responsibility for the inquirer
or is a properly assigned subject matter for
the inquirer.
130.292
Chancellors shall specify in campus
implementing regulations, criteria for determining
what the campus considers to be a "legitimate
educational interest."
Such criteria may specify, by way of example,
the following:
A University official is determined to have
legitimate educational interest in a particular
record if the information requested is relevant
and necessary for that official to:
a. perform a task or determination that is
an employment responsibility or is a properly
assigned
subject matter for the inquirer;
b. perform a task that is related specifically
to the official's participation in the student's
education;
c. perform a task that is related specifically
to the discipline of the student; or
d. provide a service of benefit relating
to the student or student's family, such as
health care,
counseling, job placement or financial aid.
130.292a UCI
campus officials are deemed to have legitimate
educational interest when information from a
student's record is necessary for the official
to: perform a task or determination that is
an employment responsibility or is a properly
assigned subject matter for the official; perform
a task that is related specifically to the official's
participation in the student's education; perform
a task that is related specifically to the discipline
of the student; or provide a service or benefit
relating to the student or students' family,
such as health care, counseling, job placement
or financial aid.
130.30 ANNUAL
NOTIFICATION OF RIGHTS
130.310 Students
enrolled in or registered with a University
campus shall be informed annually of their rights
under these policies, and under the Federal
Family Educational Rights and Privacy Act and
its implementing regulations, by such means
and at such times as are reasonably likely to
inform them of those rights.
130.311
Such notifications shall be published
in the official campus newspapers or other official
campus publications in a manner that will provide
students with clear and specific information
regarding their rights.
130.311a Annual
notification shall include publication of a
statement in the UCI Schedule of Classes
(booklet and/or online), the UCI General
Catalogue, and other appropriate campus publications.
130.312
The notification shall include a
statement that the student has a right to:
a. Inspect and review the student's own records
(see Section 130.40);
b. Request correction of the student's own
records (see Section 131.00);
c. Grieve an alleged violation of privacy
rights, as specified in these policies (see
Section 132.00);
d. Have personally identifiable information
contained in student records not be disclosed
without signed and dated written consent that
specifically identifies: (1) the records to
be disclosed, (2) the purpose of the disclosure,
and (3) the party or class to whom disclosures
are to be made. Consent is not required for
those disclosures authorized by Sections 130.711
and 130.721 of this policy; and
e. File with the United States Department
of Education a complaint concerning alleged
failures by the campus to comply with the
requirements of the Federal Family Educational
Rights and Privacy Act (see Section 133.00).
130.40 INSPECTION
AND REVIEW OF STUDENT RECORDS BY STUDENTS
130.410
Campus implementing regulations shall
include procedures students must follow to inspect
and review student records. The procedures shall
comply with all the provisions of Section 130.40.
130.410a Each
administrative unit maintaining student records
will establish its own procedures for accommodating
requests for student review of his or her own
records. These procedures should be written
and available to students. The recommended procedure
for student review of his or her own records
is the following:
a. A student may initiate access to his
or her record by contacting the administrative
unit responsible for the record (a list of
student records, record locations and officials
responsible for such records is printed annually
in the UCI General Catalogue.)
b. The student requesting access will
be required to present a current government-issued
photo or UCI student ID card as personal identification.
Former students may present a current, valid
driver's license or other current government-issued
official document with photo as personal identification.
c. The student may be required to complete
a written form if the desired information
is not immediately accessible or if questions
of confidentiality need to be investigated.
130.411 With the
exception of the records listed in Section 130.420,
students shall be permitted to inspect and review
their student records within a reasonable period
of time, but in no case longer than 45 days
after receipt of the student's request.
130.412
Students shall be entitled to a response
to reasonable requests for explanations and
interpretations of the records. The response
need only inform students of what the record
contains, and not why the records exist or why
specific information is included in the records.
If a student believes that a record is inaccurate
or misleading, procedures for seeking the correction
of the record can be found in Section 131.00.
130.413
Campuses shall comply with written
requests from students for copies of their records
when failure to provide copies would effectively
prevent them from exercising the right to inspect
and review their student records. For example,
a campus shall provide copies of a student's
record if the student does not live within commuting
distance of the campus.
130.414
Fees for copies of student records
shall be assessed in accordance with campus
fee schedules unless the imposition of a fee
effectively prevents a student from exercising
the right to inspect and review the student's
own records. No charge may be made to search
for or to retrieve any student record. A schedule
of fees to be charged for copies of student
records shall be included in campus implementing
regulations. Such fees shall be limited to the
actual cost of providing the copies of the records
requested.
130.414a Fees
for copies of student records issued per FERPA
are assessed in accordance with UCI campus fee
schedules. Fees are payable in advance. Under
no circumstances should the records be removed
from the office of record. Official transcripts
of the student's UCI academic record may be
obtained from the Office of the Registrar.
130.415 [Rescinded
April 25, 2002]
130.416 Student
records shall not be destroyed if there is an
outstanding request to inspect and review them
(see also Section 130.840). If there is no request
pending, the records may be destroyed pursuant
to the campus-specific or University record
disposition requirements.
130.420 Records
Exempt From Inspection and Review by Students
130.421
Campus implementing regulations shall
include a description of the limitations that
exist on a student's right to inspect and review
student records. Pursuant to the Federal Family
Educational Rights and Privacy Act, the following
student records are not subject to inspection
and review by students:
a. Financial records and statements of the
student's parents or guardians or any information
contained therein. Information from the Parent's
Confidential Statement, or equivalent information,
may be disclosed to the student on condition
that the proper authorization has been signed
by the parent(s) or guardian(s).
b. Confidential letters and statements of
recommendation which were placed in a student's
records
prior to January 1, 1975, provided that the
letters and statements are used only for the
purposes for which they were specifically
intended.
c. Confidential letters and statements of
recommendation which were placed in a student's
records
after January 1, 1975, with regard to admission,
application of employment, or the receipt
of an honor, if the student has waived the
right to inspect and review those recommendations
(see also Section 130.60).
d. Records containing personally identifiable
information about other students. If student
records
contain information on more than one student,
students may inspect and review or be informed
of only the specific information which pertains
to themselves, except as specified in Section
130.721(j).
130.421a Campus
police records pertaining to a student (or any
individual) are accessible to the individual
only when the release of such records does not
conflict with the laws governing the release
of police records. For campus police records,
consult the Campus Information Practices Coordinator.
130.50 INSPECTION
AND REVIEW OF ADMISSIONS RECORDS BY APPLICANTS
130.510 Privacy
of and access to admissions records of applicants
who do not subsequently become students are
not covered by these policies, but are subject
to the policies and procedures found in campus
guidelines and/or regulations, the University
of California Business and Finance Bulletin-Records
Management Program Series, and the California
Information Practices Act. Information about
those policies and procedures may be obtained
from Campus Information Practices Coordinators.
130.60 WAIVERS
OF ACCESS RIGHTS TO STUDENT RECORDS BY STUDENTS
AND LIMITATIONS ON SUCH WAIVERS
130.610 Subject
to the limitations in this Section, and in Section
130.420(c) of these Policies, students
may waive, or may be requested to waive, their
right of access to confidential recommendations
or evaluations regarding admission, application
for employment, or the receipt of an honor or
award.
Such waivers must be voluntary, and may not
be required as a condition for admission to
the University or the receipt of any other service
or benefit from the University. Any waiver must
be in writing and signed by the student. Students
may waive their rights to inspect and review
either individual documents or classes of documents
(e.g., part or all of an admission or career
placement file).
130.611
Students shall be notified upon request
of the names of all individuals providing confidential
letters and statements of recommendation to
which they have waived their right of access.
130.612
Such recommendations retain their
confidentiality only if they are used for the
purpose for which they were originally intended.
If used for other purposes, the waivers are
void and the documents may be inspected by students.
130.613 [Rescinded
April 25, 2002]
130.614
No student may be required to sign
a form saying that he or she has not waived
access to any confidential recommendation.
130.615
Waivers may be revoked in writing
with respect to records obtained or received
subsequent to the revocation. Such revocations
shall not affect a student's access to records
obtained or received prior to such written notice
of revocation.
130.615a The
determination as to whether to request a waiver
is at the discretion of administrative unit
heads (e.g., Director of Admissions, Dean of
Graduate Studies, Director of Financial Aid,
etc.).
130.615b The
procedure for waiver of access to confidential
letters of recommendation:
a. Each office processing letters
of recommendation may generate for its own
use a form to implement waiver of access to
confidential letters of recommendation.
b. Those units requesting letters of recommendation
directly from prospective referees should
inform them of University policy regarding
student access to letters of recommendation.
Such information should be included on the
form.
c. It should be made clear to applicants
that under University policy, waiver of access
to letters of recommendation received after
January 1, 1975 is optional.
130.70 DISCLOSURE
OF PERSONALLY IDENTIFIABLE INFORMATION FROM
STUDENT RECORDS TO PERSONS OTHER THAN THE STUDENT
TO WHOM THE INFORMATION PERTAINS
130.710 Disclosure
of Directory Information
130.711 Each campus
shall give public notice of the categories of
personally identifiable information that have
been designated by the campus as directory information.
Such categories shall fall within the limitations
of the definition of directory information in
Section 130.250 and may be disclosed without
prior student consent unless a student notifies
the campus in writing or via an established
electronic procedure that such information shall
not be disclosed.
130.711a UCI's
defined categories of directory information
are listed under 130.251a.
130.712 Students
shall be informed at the time they enroll in,
or register with, any academic program of the
University, and at least annually thereafter,
of their right to refuse to permit any or all
of the categories of personally identifiable
information to be designated as directory information
with respect to themselves.
130.713
Students shall notify the campus
in writing or via an established electronic
procedure of the personally identifiable information
related to themselves that is not to be designated
as directory information. Within a reasonable
time after receipt of notification, information
so designated may not be disclosed without the
written consent of the student, except as otherwise
noted in Section 130.720.
130.713a
Information for restricting release of
directory information is available by contacting
the Office of the Registrar and on the Registrar's
web site.
130.714
Students shall be informed of the
time period during each academic term in which
they must notify the campus of the categories
that are not to be designated as directory information
with respect to themselves and the effective
date of that request.
130.714a Students
may restrict release of local, permanent, and
email addresses via the Registrar's web site.
Students should contact the Registrar to restrict
other directory information.
130.714b To
restrict publication in the printed campus phone
directory of his or her address, phone, email,
and/or major, a student must notify the Registrar
in writing, or by the applicable approved electronic
method, no later than the end of the third week
of classes of the fall term.
130.715 Directory
Information about Former Students
Information regarding former students that
was designated directory (formerly known as
"public") information by their campus
at the time they were students may be disclosed
without the former students' consent unless
their last written notification received by
the campus at the time they were students specified
that the information with respect to themselves
was not to be considered directory information.
For students who attended before February 1,
1977, the directory information shall be limited
to former students' registration, dates of attendance
at the University, degrees granted, and dates
on which degrees were conferred.
130.720 Disclosure
of Personally Identifiable Information
130.721 Permissible
Disclosures
Except for the disclosure of directory information
under conditions specified in Section 130.711,
personally identifiable information from student
records may not be disclosed without the prior
written consent of the student, other than to
the following parties and under the following
circumstances:
a. To University officials who have been
determined to have legitimate educational
interest in the
records (see Sections 130.280 and 130.290).
Determinations as to whether the legitimate
educational interest requirement is satisfied
shall be made by the head administrator of
the unit retaining the information, consistent
with campus implementing regulations defining
legitimate educational interest established
by the Chancellor as specified in Section
130.292 of these Policies. Campus personnel
receiving or utilizing the information shall
be responsible for its subsequent disclosure
pursuant to the provisions of these policies.
This section applies to:
1. Officials at a particular campus of
the University.
2. Officials in the Office of the President
and the Office of the General Counsel and
Vice President for Legal Affairs.
3. Officials at other campuses of the University,
in connection with the administration of
joint programs or activities.
4. Officials at other campuses of the University
or other institutions, if a student is concurrently
enrolled in, or concurrently receives services
from one campus of the University and from
another institution, or from two campuses
of the University. This provision includes
institutions participating in Education
Abroad Programs.
5. Officials at other campuses of the University
for the purposes of facilitating: a) the
enrollment of a student seeking to attend
a summer session program at another campus;
b) the reporting of academic achievement
in the summer coursework once completed;
or c) other administrative needs related
to summer session programs, such as, but
not limited to, student disciplinary matters
as specified in Section 104.30 of these
Policies.
6. The Chancellor, or the Chancellor's
designees, of the campus at which the individual
is a student, in connection with disclosures
arising from disciplinary procedures of
another University of California campus,
as specified in Section 104.30 of these
Policies.
b. To authorized Federal and State officials
in connection with the audit and evaluation
of Federally supported education programs,
or in connection with the enforcement of Federal
law which relates to such programs.
c. In connection with financial aid for which
a student has applied or which a student has
received, only as may be necessary:
1. To determine the eligibility of the
student for financial aid;
2. To determine the amount of the financial
aid,
3. To determine the conditions which will
be imposed regarding the financial aid;
or
4. To enforce the terms or conditions of
the financial aid.
Such information shall be disclosed to donors
only if the conditions of the gift or award
expressly require that the information be
disclosed.
d. To State and local officials or authorities
to whom information is specifically required
to be
reported or disclosed pursuant to State statute
adopted prior to November 19, 1974.
e. To organizations conducting studies for,
or on behalf of, educational agencies or institutions
for the purpose of developing, validating,
or administering predictive tests, administering
student aid programs, and improving instruction,
if such studies are conducted in a manner
which will not permit the personal identification
of students and/or their parents by individuals
other than representatives of the organization,
and the information will be destroyed when
no longer needed for the purposes for which
the study was conducted. The term "organizations"
includes, but is not limited to, Federal,
State, and local agencies, and independent
organizations.
f. To accrediting organizations in order to
carry out their accrediting functions.
g. To comply with a judicial order or subpoena.
A reasonable effort shall be made to notify
the student in advance of the disclosure of
the record unless responding to a grand jury
or other subpoena that specifies that the
student not be informed of the subpoena.
h. To appropriate parties, including to other
institutions, in connection with an emergency
when the information is necessary to protect
the health or safety of the student or other
persons. Factors to be considered when making
a decision to release information in emergencies
may include: 1) the severity of the threat
to the health and safety of those involved;
2) the need for the information; 3) the time
required to deal with the emergency; and 4)
the ability of the parties to whom the information
is to be given to deal with the emergency.
i. To students requesting their own records.
With the exception of information from records
specified in Section 130.420, campuses must
disclose student records or components thereof
without written consent to students who request
information from their own records.
j. To the alleged victim of an alleged forcible
or nonforcible sex offense, as defined in
34 CFR 668.46(c)(7). The scope of the information
to be provided is: 1) the University's final
determination with respect to the alleged
sex offense, and 2) any sanction that is imposed
against the alleged offender. The alleged
victim shall keep the information provided
to him or her confidential, as described in
Section 130.722.
130.721a A
student may authorize release of personally
identifiable information from his or her record
to third parties by written request to the administrative
unit responsible for the records. The form or
written request to release records must be received
prior to the release of records.
130.722 Redisclosure
of Personally Identifiable Information
Any disclosure of personally identifiable information
which is permitted under these policies must
meet the following requirements:
a. The recipient of the information must
be informed that the information may not be
further disclosed without written consent
of the student. Any consent form obtained
from the student must be maintained in the
student's file.
b. The recipient (including the officers,
employees, and agents of the party of the
recipient) may use the information only for
the express purposes for which the disclosure
was made.
These requirements do not apply to disclosures
made pursuant to court orders or to lawfully
issued subpoenas or to disclosures to a student
under Section 130.40, Section 130.721(i), or
to disclosures of directory information under
Section 130.711.
130.723 Requests
to Forward Academic Records
University of California campuses may forward
appropriate student records, including academic
records, disciplinary records, and other student
records, to other educational institutions in
which a student seeks or intends to enroll,
or is currently enrolled. The campus will provide
annual notification of this disclosure policy,
or else a reasonable attempt will be made to
provide notification to individual students
about whom information is disclosed.
When students request that their academic records
be forwarded to other institutions, students
may be required to pay all fees and charges
due the University before the records are forwarded.
130.80 RECORD
KEEPING REQUIREMENTS REGARDING REQUESTS FOR
AND DISCLOSURE OF INFORMATION
130.810 The campuses
shall maintain records, kept with the student
records of an individual, which indicate:
a. The parties who have requested or obtained
personally identifiable information from student
records;
b. The legitimate interest these parties
had in requesting or obtaining the information;
and
c. The date of the requests for the information
and the dates of the disclosure of the records.
130.820 A record
of disclosures is not required for:
a. Disclosures to students of their own records;
b. Disclosures pursuant to the written consent
of a student, when the consent is specific
with respect to the party or parties to whom
the disclosure is to be made;
c. Disclosures to campus officials under
Section 130.721(a);
d. Disclosures of directory information;
or
e. Disclosure made pursuant to court order
or subpoena, and the student has been notified
in advance of compliance with the order or
subpoena in accordance with Section 130.721(g)
of these Policies.
130.830
The record of disclosures may be
inspected:
a. By the student;
b. By the campus official and his or her
assistants who are responsible for the custody
of the records; or
c. For the purpose of auditing the record
keeping procedures of the campus, by the parties
authorized in, and under the conditions set
forth in Sections 130.721(a) and (b).
130.840 Records
Disposition
Student records are subject to mandatory disposition
schedules contained in the University Records
Disposition Schedules Manual, with the following
exceptions:
a. Student records shall be retained if there
is an outstanding request to inspect and review
them (see also Section 130.416);
b. Explanations placed in the student record
of an individual seeking to correct the record
shall be retained as long as the contested
portion of the record is retained; and
c. The record of access shall be retained
as long as the student record to which it
relates is maintained by the campus.
131.00 PROCEDURES
FOR SEEKING THE CORRECTION OF STUDENT RECORDS
131.10 Requests
for Correction of Records
Students shall be entitled to a response to
reasonable requests for explanations and interpretations
of the records as specified in Section 130.412
of these Policies. If they believe information
contained in their student records is inaccurate
or misleading, or otherwise in violation of
their right of privacy as provided in these
policies, they may request of the campus official
responsible for maintaining the records that
their records be corrected. If their request
is granted, the records shall be corrected within
a reasonable period of time following receipt
of the request. If their request is denied,
they shall be informed of the refusal and advised
of their right to a hearing.
131.11 Requests
for Correction of Grades Given in a Course of
Study
Grades given in a course of study, including
written evaluations which reflect institutional
judgments of the quality of a student's academic
performance in a course of study, are not subject
to challenge under Section 131.00 of these Policies
(see Section 114.00).
131.20 Hearing
Procedures
131.21 Each Chancellor
shall establish or specify appropriate hearing
procedures to be used when the request for the
correction of student records is denied. Such
procedures shall include at least the following
elements:
a. The hearing shall be held within a reasonable
period of time after it has been requested,
and the student shall be notified of the date,
place, and time reasonably in advance of the
hearing;
b. The hearing shall be conducted by a hearing
officer who has no direct interest in the
outcome of the hearing and who may be a campus
administrator;
c. Students shall be afforded a full and
fair opportunity to present evidence relevant
to the issues raised under Section 131.10,
and may be assisted or represented by individuals
of their choice, at their own expense;
d. The decision rendered shall be made in
writing within a reasonable period of time
after the conclusion of the hearing; and
e. The decision shall be based solely on
the evidence presented at the hearing and
shall include a summary of the evidence and
the reasons for the decision.
131.21 Students
may challenge information contained in their
records by filing a written request for a hearing
with the Vice Chancellor, Student Affairs. The
Vice Chancellor will assign the matter to the
Office of the Dean of Students who will select
a hearing officer and panel to hear the case.
The hearing officer shall serve as chair of
the panel. The student will be given reasonable
advance notice of the date, place, and time
of the hearing. The hearing officer and members
of the panel must have no direct interest in
the outcome of the hearing.
Students requesting changes in their records
may present their own case and may be assisted
or represented by individuals of their choice
at their own expense. The University official
denying the requested changes may present the
University's case or may be represented or assisted
by the Office of General Counsel. Both parties
will have the opportunity to present evidence
in an orderly manner.
The hearing officer shall rule on all questions
of procedure, the admission or exclusion of
evidence, and the relevance of testimony. Evidence
may be received of the sort upon which responsible
persons are accustomed to rely in the conduct
of serious affairs and is not restricted to
evidence admissible under the strict rules of
evidence of a court of law.
Upon conclusion of the hearing, the hearing
officer will submit a written decision to the
Dean of Students including findings of fact
and reasons for the decision. This decision
will be final and binding and is not subject
to appeal.
131.30 Hearing
Outcomes
131.31
If, as a result of the hearing, campus
officials decide that the information in question
is inaccurate, or misleading, or otherwise in
violation of the privacy rights of the student,
the record shall be corrected accordingly and
the student informed in writing of the action
taken.
131.32
If, as a result of the hearing, campus
officials decide that the information in question
is not inaccurate or misleading, or otherwise
in violation of the privacy rights of the student,
the student shall be informed of his or her
right to insert into the record a statement
commenting upon the information in the record
and/or setting forth any reasons for disagreeing
with the decision to leave the record unchanged.
This statement shall remain a permanent part
of the record as long as the contested portion
remains a part of the record, and it shall be
revealed to any party to whom the contested
portion is revealed.
131.40 Records
Concerning Disciplinary Action
Whenever any information is included in any
student record concerning any disciplinary action
taken by campus personnel in connection with
the student, the student shall be allowed to
include in the record a written statement or
response concerning the disciplinary action.
A student may not request a change in the underlying
disciplinary decision through this process.
132.00 GRIEVANCE
PROCEDURES
Any alleged violation of privacy rights as
provided by these policies, other than those
rights specified in Section 131.00 relating
to the content of student records, may be grieved
pursuant to Section 111.10 of these Policies.
133.00 COMPLAINT
PROCEDURE
Complaints regarding alleged violations of
the rights accorded students by the Federal
Family Educational Rights and Privacy Act may
be filed with the Family Policy Compliance Office,
U.S. Department of Education, SW, Washington,
D.C. 20203.
134.00 CIVIL REMEDIES
[Rescinded April 25, 2002]
136.00 CRIME AWARENESS
and CAMPUS SECURITY ACT
In compliance with the federal Crime Awareness
and Campus Security Act, UCI publishes information
on campus security and crime statistics. This
information is published annually and made available
to all students by the Offices of Admissions
and Relations with Schools, and Research and
Graduate Studies. The information is also available
on request form the UCI Police Department.
137.00 DRUG-FREE
SCHOOLS and COMMUNITIES ACT
In compliance with the federal Drug-Free Schools
and Communities Act, UCI annually notifies students,
faculty, and staff of policies, procedures,
and potential consequences related to unlawful
possession, use, or distribution of drugs and
alcohol on campus. This notice is included in
the Schedule of Classes booklet; also, copies
are available in academic counseling offices
and the Office of Research and Graduate Studies.
140.00 GUIDELINES
APPLYING TO NONDISCRIMINATION ON THE BASIS OF
DISABILITY
In compliance with the Federal Rehabilitation
Act of 1973, as amended (Public Law 93-112)
and the Americans with Disabilities Act of 1990
(Public Law 101-336), University of California
policy prohibits unlawful discrimination on
the basis of disability in its programs, services,
and activities.
The following Guidelines are designed to be
consistent with the Rehabilitation Act of 1973
and the Americans with Disabilities Act of 1990.
However, it is possible that these statutes
may be amended in the future and, in such instances,
the most current applicable laws shall represent
University policy as it applies to nondiscrimination
on the basis of disability.
141.00 DEFINITIONS
141.10 Individual
with a Disability
141.11 An "individual
with a disability" means any person who
has a physical or mental impairment which substantially
limits one or more major life activities, who
has a record of such an impairment, or who is
regarded as having such an impairment.
141.12 "Physical
or mental impairment" means any physiological
disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of
the following body systems: neurological; musculoskeletal;
special sense organs; respiratory (including
speech organs); cardiovascular; reproductive;
digestive; genitourinary; hemic and lymphatic;
skin; and endocrine.
"Physical or mental impairment" also
means any mental or psychological disorder,
such as mental retardation or developmental
disabilities, organic brain syndrome or acquired
brain injury, emotional or mental illness, and
specific learning disabilities.
Physical and mental impairment also includes,
but is not limited to, contagious and noncontagious
diseases and conditions such as orthopedic,
visual, speech, and hearing impairments; cerebral
palsy; epilepsy; muscular dystrophy; multiple
sclerosis; cancer; heart disease; diabetes;
mental retardation; emotional illness; HIV disease
(whether symptomatic or asymptomatic) and tuberculosis.
141.13 "Major
life activities" means functions such as
caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing,
learning, and working.
141.14 "Has
a record of such impairment" means has
a history of, or has been incorrectly classified
as having, a mental or physical impairment that
substantially limits one or more major life
activities.
141.15 "Is
regarded as having an impairment" means
has a physical or mental impairment that does
not substantially limit major life activities,
but is treated by the University as limiting
such activities; has a physical or mental impairment
that substantially limits major life activities
as a result of the attitudes of others toward
such an impairment; or has none of the impairments
listed in Section 141.12,
but is treated as having such an impairment,
such as persons with a limp or persons with
disfiguring scars.
141.16 An "individual
with a disability" does not include a person
who is currently engaging in the illegal use
of drugs. However, an individual who is currently
participating in, or who has successfully completed,
a supervised drug rehabilitation program and
is not currently engaging in the illegal use
of drugs, or who is otherwise no longer engaging
in such use, shall be considered an individual
with a disability if the individual otherwise
fits the definition of a disabled person as
described in Sections 141.00
through 141.15 of these Guidelines.
141.17 Individuals
with drug or alcohol addictions who are not
currently engaging in the illegal use of drugs,
or who are no longer engaging in drug or alcohol
abuse as described in Section
141.16 above, should not be prohibited from
attending the University if they can successfully
participate in the education program of the
University, if they comply with University policies
and campus/laboratory regulations, and if their
behavior does not impede the performance of
other students.
141.20 Qualified
Individual with a Disability
141.21 With respect
to students who are employed by the University,
a qualified individual with a disability is
one who, with or without reasonable accommodation,
can perform the essential functions of the position
in question and who meets the definition of
an individual with a disability, as specified
in Sections 141.00 through
141.16 of these Guidelines.
141.22 With respect
to postsecondary education, an otherwise qualified
individual with a disability is one who meets
the academic and technical standards requisite
for admission or participation in the education
programs of the University and who meets the
definition of an individual with a disability,
as specified in Sections 141.00
through 141.16 of these Guidelines.
The term "technical standards" refers
to nonacademic admissions criteria that are
applicable to such programs.
141.23 With respect
to other services, a qualified individual with
a disability is one who meets the eligibility
requirements for the receipt of such services
and who meets the definition of an individual
with a disability, as specified in Sections
141.00 through 141.16 of these Guidelines.
141.30 Facility
"Facility" means all or any portion
of buildings, structures, sites, complexes,
equipment, rolling stock and other conveyances
(e.g., buses, shuttles, vans), roads, walks,
parking lots, or other real or personal property,
including the site where the building, property,
structure, or equipment is located.
142.00 DISCRIMINATION
PROHIBITED
142.10 In providing
any aid, benefit, or service, the University
may not, directly or through contractual, licensing,
or other arrangements, discriminate on the basis
of disability to:
(a) Deny a qualified individual with a disability
the opportunity to participate in, or benefit
from, any aid, benefit, or service which it
provides;
(b) Provide any qualified individual with
a disability an opportunity to participate
in, or benefit from, any aid, benefits, or
services that are not equal to those afforded
to individuals who do not have disabilities;
(c) Provide a qualified individual with a
disability with any aid, benefits, or services
that are not as effective as those provided
to individuals who do not have disabilities.
To be "equally effective," an aid,
benefit, or service need not produce an identical
result or level of achievement for individuals
with disabilities and individuals without
disabilities. However, the University must
afford individuals with disabilities an equal
opportunity to obtain the same result or level
of achievement in the most integrated setting
appropriate to the individual's needs and
to encourage, as appropriate, interaction
among all users, including individuals with
disabilities;
(d) Provide any different or separate aid,
benefits, or services to individuals with
disabilities or to any class of individuals
with disabilities unless such action is necessary
to provide qualified individuals with disabilities
with aid, benefits, or services that are as
effective as those provided to individuals
who are not disabled;
(e) Aid or perpetuate discrimination against
a qualified individual with a disability by
providing any significant assistance to any
agency, organization, or person that discriminates
on the basis of disability against beneficiaries
of the University's programs;
(f) Deny a qualified individual with a disability
the opportunity to participate as a member
of planning or advisory boards; or
(g) Otherwise limit a qualified individual
with a disability in the enjoyment of any
University right, privilege, advantage or
opportunity enjoyed by individuals who are
not disabled.
142.20 In determining
the site or location of a facility, the University
may not make selections that have the following
effect:
(a) Excluding qualified individuals with
disabilities from, denying them the benefits
of, or otherwise subjecting them to discrimination
under any program, service, or activity it
operates; or
(b) Defeating or substantially impairing
the accomplishment of the objectives of the
University's programs, services, or activities
with respect to qualified individuals with
disabilities.
142.30 The exclusion
of individuals who do not have disabilities
from the benefits of a program limited by statute
or executive order to individuals with disabilities,
or the exclusion of a specific class of individuals
with disabilities from a program limited by
statute or executive order to a different class
of individuals with disabilities, is not prohibited.
143.00 EDUCATIONAL
PROGRAMS, SERVICES, AND ACTIVITIES
143.10 Admissions,
Enrollment, and Recruitment
143.11 Qualified
individuals with disabilities may not, on the
basis of disability, be denied admission to
the University or enrollment in University classes
or participation in University programs, services,
or activities, or be subjected to discrimination
in the admissions process or in recruitment
procedures.
143.12 Admissions
or Enrollment
(a) Limitations may not be applied upon the
number or proportion of individuals with disabilities
who may be admitted or enrolled.
(b) Tests or criteria for admission may not
have a disproportionate, adverse effect on
individuals with disabilities or any class
of such individuals unless:
1. The tests or criteria have been validated
as predictors of success in the education
programs, services, or activities in question;
and
2. Alternate tests or criteria that have
a less disproportionate, adverse effect,
and which are acceptable to the University,
are not shown to be available by the appropriate
Federal agency.
(c) Before admission tests are selected and
administered, campuses should be assured that:
1. Admissions tests are selected and administered
to ensure that when a test is administered
to an applicant who has a disability that
impairs sensory, manual, or speaking skills,
the test results accurately reflect the
applicant's aptitude or achievement level,
or whatever other factor the test purports
to measure, rather than reflecting the applicant's
impaired sensory, manual, or speaking skills,
except when those skills are the factors
that the test purports to measure;
2. Admissions tests that are designed for
persons with disabilities are offered as
often and in as timely a manner as are other
admissions tests; and
3. Admissions tests are administered in
facilities that, on the whole, are accessible
to individuals with disabilities. In this
context, "on the whole" does not
mean that all facilities must be accessible,
only that a sufficient number must be available
to individuals with disabilities.
(d) Pre-admission inquiries as to whether
applicants for admission are individuals with
disabilities may not be made, except for the
purpose of recruitment, as discussed in Section
143.13 of these Guidelines. Post-admission
inquiries may be made on a confidential basis
regarding disabilities that may require accommodation.
143.13 Recruitment
When voluntary action is taken to overcome
the effects of conditions that resulted in limited
participation in certain programs, services,
or activities, pursuant to Section
147.00 of these Guidelines, campuses may
invite applicants for admission or enrollment
to indicate whether and to what extent they
are disabled, provided that:
(a) It is clearly communicated that the information
requested is for use solely in connection
with voluntary action efforts; and
(b) It is clearly communicated that the information
is being requested on a voluntary basis, that
it will be kept confidential, that refusal
to provide it will not subject the applicant
to any adverse treatment, and that it will
be used only in accordance with the implementing
regulations of applicable laws and executive
orders
143.20 Treatment
of Students and Participants in University Programs,
Services, or Activities
143.21 Qualified
students with disabilities or participants with
disabilities in University programs, services,
or activities may not, on the basis of disability,
be excluded from participation in, be denied
the benefits of, or otherwise be subjected to
discrimination under any academic, research,
occupational training, housing, health insurance,
counseling, financial aid, physical education,
athletics, recreation, transportation, other
extracurricular activity, or other educational
program, service, or activity offered by the
University.
Health services and insurance plans should
be provided to qualified students with disabilities
on the same basis as for students without disabilities
generally. However, student health centers need
not provide specialized services and aids; for
example, if a center treats only simple disorders,
such as cuts, bruises, and colds, its obligation
to students with disabilities is to treat only
those same disorders.
143.22 Campuses
that consider participation by students in education
programs, services, or activities not wholly
operated by them as part of, or equivalent to,
an education program, service, or activity they
operate, should assure themselves that the other
education program, service, or activity, as
a whole, provides an equal opportunity for the
participation of qualified individuals with
disabilities. For example, in connection with
student teaching assignments, campuses may work
with elementary or secondary school systems
only if their student teaching programs, when
viewed in their entirety, offer student teachers
with disabilities the same range and quality
of choice in assignments offered to student
teachers without disabilities.
143.23 All programs,
services, and activities should be conducted
in the most integrated setting appropriate to
a disabled individual's needs and to encourage,
as appropriate, interaction among all users,
including individuals with disabilities. For
example, if a campus offers several elementary
physics classes, and one such class is moved
to the first floor of the science building to
accommodate students who use wheelchairs, it
would be a violation of this requirement to
also concentrate students with disabilities
but who are not mobility impaired in this class.
143.30 Academic
Adjustments
143.31 Modification
of Academic Requirements
Academic requirements should be modified, as
necessary and appropriate, to ensure that they
do not discriminate or have the effect of discriminating,
on the basis of disability, against qualified
applicants or students with disabilities. As
appropriate, modifications may include changes
in the length of time permitted for the completion
of degree requirements, substitution or waiver
of specific courses required for the completion
of the requirements, and adaptation of the manner
in which specific courses are conducted. For
example, a campus may permit an otherwise qualified
student who is deaf to substitute a music history
class for a required class in music appreciation,
or the campus could modify the manner in which
the music appreciation course is conducted for
the student who is deaf.
Academic requirements that are determined by
the Academic Senate to be essential to programs
of instruction or for any directly related licensing
requirement are not regarded as discriminatory.
143.32 Course
Examinations
In course examinations or other procedures
for evaluating students' academic achievement,
methods should be provided, as appropriate,
for evaluating the achievement of students who
have a disability that impairs sensory, manual,
or speaking skills as will best ensure that
the results of the evaluation represent students'
achievement in the course, rather than reflecting
students' impaired sensory, manual, or speaking
skills, except when such skills are among the
factors the test purports to measure.
143.33 Auxiliary
Support Services and Devices
(a) Steps should be taken, as appropriate,
to ensure that no qualified student or participant
with a disability in a University program,
service, or activity is denied the benefits
of, is excluded from participation in, or
is otherwise subjected to discrimination because
of the absence of educational auxiliary support
services and devices.
In meeting this requirement, campuses may
assist qualified students or participants
with disabilities in University programs,
services, or activities in contacting existing
resources, such as State vocational rehabilitation
agencies and private charitable organizations,
to obtain auxiliary support services and devices.
Also, other students may be asked to work
with students with disabilities, or private
agencies that tape texts for individuals with
disabilities free of charge may be contacted
in order to reduce the number of readers needed
for students with visual impairments and students
with learning disabilities. Typically, it
is still the University's obligation to provide
appropriate educational auxiliary support
services and devices should public and private
agencies be unable to provide such services
or devices. As appropriate, the provision
of auxiliary support services and devices
to students with disabilities may be provided
by the University during the period in which
outside help is solicited or in lieu of such
outside help.
As long as no qualified person with a disability
is excluded from a program because of the
lack of appropriate auxiliary support services
or devices, such support services and devices
need not be on hand at all times.
(b) Educational auxiliary support services
and devices include, but are not limited to,
taped texts, interpreters, notetakers, or
other effective methods of making orally delivered
materials available to, for example, students
with hearing impairments or learning disabilities;
readers for students with visual impairments;
classroom equipment adapted for use by students
with manual impairments; or other aids for
students with disabilities.
Attendants, individually prescribed devices,
readers for personal use, or other devices
or services of a personal nature need not
be provided.
Any prohibition against the use of tape recorders
or braillers in classrooms, or dog guides
and service dogs in campus buildings, or other
rules that have the effect of limiting the
participation of qualified students with disabilities
in educational programs, services, or activities,
may not be adopted.
Students or participants with disabilities
in University programs, services, or activities
may be required to sign an agreement that
they will not release tape recordings or transcriptions
of lectures, or otherwise hinder the ability
of a professor to obtain a copyright.
143.34 Responsibility
for Academic Adjustments
Section 10.00 of these
Policies specifies that each member of the University
community shares the responsibility of maintaining
conditions conducive to the achievement of the
University's mission of research, teaching,
and public service. Thus, in attempting to provide
any type of academic adjustment, faculty, disability-management
staff, and students with disabilities should
work in concert to formulate accommodations
that meet the individual educational needs of
qualified students with disabilities while maintaining
the academic integrity of the program, service,
or activity to be modified.
Moreover, it is essential that during this
consultative process students be given an opportunity
to express their preferred choice for disability
accommodations and that this choice be given
careful consideration, unless an equally effective
accommodation can be provided, or that the use
of the student's choice would result in a fundamental
alteration of the academic program, service,
or activity, or would result in an undue financial
and administrative burden.
143.35 Student-Specific
Obligations in the Provision of Academic Adjustments
In providing any type of academic adjustment,
including, but not limited to, modification
of academic requirements, course examinations,
or support services and devices, the University
may require that: 1) students with disabilities
provide reasonable advance notice of requests
for, changes to, or cancellation of, academic
adjustments; 2) students with disabilities provide
sufficient and timely verification of their
disability and documentation of their disability-related
academic adjustment needs; and 3) students with
disabilities comply with campus rules regulating
requests for, and the proper use of, auxiliary
support services or devices.
143.36 Campus
Disability Accommodation and Mediation Procedures
Campuses are encouraged to develop written
procedures for: 1) the provision of academic
accommodations to students with disabilities;
and 2) resolving disagreements regarding the
provision of academic adjustments to students
with disabilities.
143.40 Housing
143.41 On-Campus
Housing
The University provides on-campus housing for
non-disabled students and shall provide comparable,
convenient, and accessible on-campus housing
at the same cost to students with disabilities.
Housing for students with disabilities should
be made available in sufficient quantity and
variety so the scope of their choice of living
accommodations will, when viewed in its entirety,
be comparable to that of students who are not
disabled.
143.42 Off-Campus
Housing
With regard to housing that is not provided
by the University, but is listed by the campus,
each campus shall assure itself that such housing,
when viewed in its entirety, is made available
in a manner that does not result in discrimination
on the basis of disability. If a campus determines
that off-campus housing, when viewed in its
entirety, is not available to students with
disabilities, efforts should be made to generate
new sources of housing.
143.50 Financial
Aid
143.51 In providing
financial assistance to qualified students with
disabilities, the University may not, on the
basis of disability, provide less assistance
to those students than is provided to non-disabled
students, may not limit their eligibility for
assistance, or may not otherwise discriminate
against them. The University also may not assist
any entity or person that provides financial
assistance to any student in a manner that discriminates
against qualified students with disabilities
on the basis of disability.
143.52 The University
may administer or assist in the administration
of scholarships, fellowships, or other forms
of financial assistance established under wills,
trusts, bequests, or similar legal instruments
that require awards to be made on the basis
of factors that discriminate or have the effect
of discriminating on the basis of disability,
only if the overall effect of the award of scholarships,
fellowships, and other forms of financial assistance
is not discriminatory on the basis of disability.
143.53 Athletic
scholarships may be denied to students with
disabilities on the basis of disability, if
the disability renders the person unable to
qualify physically for the award. For example,
a student who has lost the use of his legs may
be denied a varsity football scholarship on
the basis of the student's inability to play
football. However, a student who has a hearing-impairment
could not, on the basis of disability, be denied
a scholarship for the diving team; the student
with a hearing-impairment could only be denied
the scholarship on the basis of comparative
diving ability.
143.60 Student
Employment
Each campus, each Laboratory, the Office of
the President, and the Division of Agriculture
and Natural Resources may not employ University
students in a manner that would violate Section 144.00 of these Guidelines.
When assisting outside agencies, organizations,
or persons in providing employment opportunities
for University students, campuses should assure
themselves that such opportunities, as a whole,
are available in a manner that would not violate
Section 144.00 of these Guidelines.
143.70 Physical
Education, Athletics, and Similar Activities
In providing physical education courses and
athletics, and similar programs, services, and
activities, campuses may not discriminate on
the basis of disability. Qualified students
or participants with disabilities in University
programs, services, or activities should be
provided with an equal opportunity to participate
in physical education courses, intercollegiate,
club, and intramural athletics or similar activities
whether as part of the required curriculum or
as an extracurricular activity. For example,
a student who uses a wheelchair should not be
denied the opportunity to enroll in a regular
archery course, nor should a student who has
a speech impairment be excluded from participating
in a wrestling course.
Students with disabilities who cannot participate
in regularly offered physical education courses
or who cannot compete in athletic programs may
be offered separate physical education and athletic
activities designed to accommodate students
with disabilities. However, students with disabilities
must be offered the opportunity to participate
in regular physical education or athletic activities,
in the most integrated setting possible, even
if separate physical education or athletic programs
for students with disabilities are offered.
143.80 Counseling
and Placement Services
Personal, academic, or career counseling, guidance,
and placement services should be provided without
discrimination on the basis of disability.
Campuses should ensure that qualified students
with disabilities are not counseled toward more
restrictive career objectives than are non-disabled
students with similar interests and abilities.
This does not preclude providing factual information
about licensing and certification requirements
that may present obstacles to individuals with
disabilities in their pursuit of particular
careers.
143.90 Social
Organizations
Before providing any significant assistance,
such as financial support, use of University
facilities, or official University recognition
or affiliation, including, but not limited to,
fraternities, sororities, or similar organizations,
campuses shall assure themselves that these
organizations do not permit discrimination that
is otherwise prohibited by these Guidelines.
144.00 EMPLOYMENT PRACTICES
The University may not discriminate against
any qualified individual with a disability,
on the basis of disability, in employment under
any program, service, or activity, including
any program, service, or activity that employs
students with disabilities. Information concerning
the University's employment policies as they
apply to individuals with disabilities may be
obtained from campus personnel offices or ADA/Section
504 Compliance Officers.
145.00 PROGRAM
ACCESSIBILITY
No qualified individual with a disability shall
be denied, on the basis of that disability,
the benefits of, be excluded from participation
in, or otherwise be subjected to discrimination
under any of the University's programs, services,
or activities because University facilities
are inaccessible to, or unusable by, individuals
with disabilities. The University must make
its programs, services, and activities accessible
to and usable by any qualified individual with
a disability, unless doing so would result in
a fundamental alteration to the nature of its
programs, services, and activities, or would
result in undue financial and administrative
burdens.
145.10 Existing
Facilities
Each program, service, or activity shall be
operated so that, when viewed in its entirety,
it is readily accessible to and usable by individuals
with disabilities, except where to do so would
result in a fundamental alteration in the nature
of the program, service, or activity or in undue
financial and administrative burdens. This requirement
does not mean that each facility, or every part
of each facility must be accessible to and usable
by individuals with disabilities. Accessibility
may be achieved through other means such as:
(a) Redesign of equipment;
(b) Reassignment of classes or other services
to accessible buildings;
(c) Assignment of aides to beneficiaries;
(d) Home visits;
(e) Delivery of health, welfare, or other
social services at alternate accessible sites;
(f) Use of accessible rolling stock or other
conveyances (e.g., buses, shuttles, vans);
or
(g) Alteration of existing facilities, including
changes, additions, or modifications in construction
or occupancy. Alterations of existing facilities
will be implemented only when administrative
solutions are either not feasible or not preferable
and when there is no other way to make a program
accessible. Neither a totally barrier-free
environment, nor the removal of all architectural
barriers in existing facilities is required.
Regarding the methods selected, priority should
be given to those that offer programs, services,
and activities to individuals with disabilities
in the most integrated setting appropriate
to the individual's needs and to encourage,
as appropriate, interaction among all users,
including individuals with disabilities.
If sufficient relocation of classes is not
possible using existing facilities, alterations
to ensure program accessibility should be made.
Students with disabilities may not be excluded
from a specifically requested course offering
because it is not offered in an accessible location,
but every section of that course need not be
made accessible.
Buildings leased by the University are not
necessarily required to meet accessibility standards
because they are not owned by the University.
However, such buildings are subject to the program
accessibility requirements stated above. If
a leased building is altered, such alterations
shall be constructed in compliance with applicable
Federal and State accessibility standards.
145.20 New Construction
145.21 New Facilities
All new facilities constructed by, on behalf
of, or for the use of the University shall be
designed and constructed so that the facilities
are readily accessible to and usable by individuals
with disabilities. New construction shall be
planned and constructed according to all applicable
Federal accessibility regulations and State
building codes.
145.22 Altered
or Remodeled Facilities
Each facility or part of a facility constructed
or altered by, on behalf of, or for the use
of the University shall be designed, constructed,
or altered to be readily accessible to, and
usable by, individuals with disabilities. Altered
or remodeled facilities shall be planned and
constructed according to all applicable Federal
accessibility regulations and State building
codes.
145.30 Transportation
Campus/laboratory transportation systems and
services shall comply with applicable Federal
and State accessibility laws.
146.00 HEALTH,
WELFARE, AND OTHER SOCIAL SERVICES AND BENEFITS
Health care providers have the responsibility
and authority to determine the nature and extent
of medically necessary care and treatment for
their patients. Subject to the foregoing, in
providing health, welfare, or other social services
or benefits, the University's hospitals, medical
clinics, or other health-related programs may
not, on the basis of disability:
(a) Deny a qualified individual with a disability
such benefits or services;
(b) Afford a qualified individual with a
disability an opportunity to receive benefits
or services that are not equal to those offered
to individuals who do not have a disability;
(c) Provide a qualified individual with a
disability with benefits or services that
are not as effective as those provided to
others (see Section 142.00
of these Guidelines);
(d) Provide benefits or services that limit
or have the effect of limiting participation
of qualified individuals with disabilities;
or
(e) Provide different or separate benefits
and services to individuals with disabilities,
except when necessary to provide qualified
individuals with disabilities with benefits
and services as effective as those provided
to others.
This Section does not require specialized hospitals
and other health care providers to treat all
individuals with disabilities. For example,
a burn treatment center need not provide other
types of medical treatment to individuals with
disabilities unless it provides such medical
services to individuals who do not have a disability.
It could not, however, refuse to treat the burns
of a person who is deaf because of his or her
deafness.
Special programs, services, or activities for
individuals with disabilities or classes of
individuals with disabilities are permitted.
146.10 Notice
Any notice concerning benefits or services
or written material concerning waivers of rights
or consent to treatment shall ensure that qualified
individuals with disabilities, including those
with impaired sensory or speaking skills, are
not denied effective notice because of their
disability.
146.20 Emergency
Treatment for Hearing-Impaired Persons
A procedure shall be established for effective
communication with persons who are deaf or hard
of hearing for the purpose of providing emergency
health care. For example, a hospital may fulfill
this responsibility by providing either full-time
interpreters or interpreters on call, both within
and outside the institution, and paper and pencils
for written communications.
146.30 Auxiliary
Support Services and Devices
Appropriate auxiliary support services and
devices shall be provided to individuals with
disabilities, when necessary, to afford them
an equal opportunity to benefit from services
offered by University hospitals, medical clinics,
or health-related programs. Auxiliary support
services and devices may include, for example,
brailled and taped material, and interpreters.
In providing any type of auxiliary support services
and devices, the University may require that
individuals comply with campus rules regulating
requests for and proper use of auxiliary support
services and devices.
146.40 Drug and
Alcohol Addiction
University hospitals, medical clinics, or health-related
programs may not discriminate in admission or
treatment against a person with a medical condition,
because of the person's drug or alcohol abuse
or alcoholism, although University health care
providers have the responsibility and authority
to determine the nature and extent of medically
necessary care and treatment for their patients.
This does not require that all facilities must
treat drug addiction and alcoholism. For example,
a cancer clinic may not refuse to treat a cancer
patient because he or she is also an alcoholic.
If the patient's primary problem is drug addiction
or alcoholism, the clinic may refer him or her
to a more appropriate facility.
146.50 Education
of Persons Admitted to University Medical Facilities
Campuses should ensure that qualified individuals
with disabilities, present in University medical
facilities as a result of their disability and
who qualify for public preschool, elementary,
secondary, or adult educational services, are
provided with access to these educational services
for the period of their stay. For example, a
campus hospital that admits an individual with
a disability who qualifies for a free public
elementary school education should ensure that
appropriate elementary school officials are
notified of the individual's presence and should
provide access to these school officials, as
medically appropriate, so that they may provide
an "appropriate education" as defined
in Subpart D of the Federal regulations implementing
Section 504 of the Rehabilitation Act of 1973
(34 CFR Part 104).
147.00 VOLUNTARY ACTION
Each campus, each Laboratory, the Office of
the President, and the Division of Agriculture
and Natural Resources may take voluntary steps
to overcome the effects of conditions that resulted
in limited participation by qualified individuals
with disabilities in its programs, services,
or activities.
148.00 NOTIFICATION AND PUBLICATION REQUIREMENTS
148.10 Content
of Publication
The implementing regulations of the Rehabilitation
Act of 1973 require that students, beneficiaries,
and applicants be informed that the University
does not discriminate on the basis of disability.
In addition, the Americans with Disabilities
Act requires that applicants, participants,
beneficiaries, and other interested persons
be informed that the University does not discriminate
against qualified individuals with disabilities
on the basis of disability. It is the purpose
of these Guidelines to apprise all such persons
of those provisions.
148.20 Designation
of Compliance Officer
Each campus, each Laboratory, the Office of
the President, and the Division of Agriculture
and Natural Resources shall designate at least
one employee to coordinate compliance with the
applicable sections of the Rehabilitation Act
of 1973 and the Americans with Disabilities
Act, including investigation of grievances and
handling of inquiries.
148.30 Compliance
Statement
The compliance statement should read:
As required by applicable laws and regulations,
the University of California does not discriminate
on the basis of disability in admission or access
to, or treatment in, the programs, services,
and activities which it operates. Compliance
statements should include the Nondiscrimination
Policy Statement for University of California
Publications Regarding Student-Related Matters
found in Appendix C, which includes nondiscrimination
on the basis of disability. Inquiries concerning
these laws and regulations should be directed
to (name, title, and telephone number of responsible
University official).
The individual named in the compliance statement
should be the person designated by each campus,
each Laboratory, the Office of the President
or the Division of Agriculture and Natural Resources
to coordinate compliance with applicable sections
of the Rehabilitation Act of 1973 and with the
Americans with Disabilities Act (see Section
148.20).
148.40 Frequency
of Publication
The compliance statement should be included
on a continuing basis in recruitment materials
and publications containing general information
that are made available to students, beneficiaries,
applicants, or program participants.
148.50 Medium
of Publication
Methods used for notification may include the
posting of notices, publication in newspapers
and magazines, placement of notices in official
campus/laboratory publications, and distribution
of memoranda or other written communications.
Such notices should be available in accessible
formats, which may include braille or taped
formats.
149.00 GRIEVANCE
PROCEDURES
Each campus has established grievance procedures
for students to deal with complaints and allegations
of noncompliance with these Guidelines. Information
concerning the University's grievance procedures
as they apply to individuals with disabilities
may be obtained from campus ADA/Section 504
Compliance Officers.
150.00 STUDENT-RELATED POLICY APPLYING
TO NONDISCRIMINATION ON THE BASIS OF SEX
150.10 INTRODUCTION
In compliance with Federal regulations implementing
Title IX of the Education Amendments of 1972
and applicable Federal and State laws pertaining
to sex discrimination, University of California
policy prohibits unlawful discrimination on
the basis of sex. Except where noted otherwise,
for purposes of determining compliance with
Federal and State laws, each campus is considered
a separate unit, and in those sections of this
Policy requiring proportionate facilities or
services for each sex, such proportionate equality
is required of each separate campus.
150.11 The term
"discrimination" is used throughout
this Policy to refer to unlawful discrimination.
There are some discriminatory actions which
are lawful and may benefit members of a particular
sex. For example, Federal regulations permit
actions which are undertaken for affirmative
action purposes.
150.12 The term
"Federal and State laws" is used throughout
this Policy to refer to all applicable Federal
and State laws pertaining to nondiscrimination
on the basis of sex and includes implementing
regulations when they exist.
150.20 GENERAL
PROVISIONS
150.21 Except
as provided in Federal or State laws, no person
may be excluded on the basis of sex from participation
in, denied the benefits of, or discriminated
against in any academic, extracurricular, research,
or other program offered by the University.
This includes: (a) sex discrimination in requirements
or qualifications for any University-offered
aid, benefit, or service; (b) providing different
aid, benefits, or services or such aid, benefits,
or services in a different manner; (c) application
of separate rules of appearance; (d) application
of separate rules as to domicile for admission
or out-of-State fee purposes; or (e) providing
any assistance to any agency, organization,
or person which discriminates on the basis of
sex in providing any aid, benefit, or service
to students or employees (for example, single-sex
clubs not exempted in Section 150.40).
150.22 No campus
unit, in the totality of its services, can offer
programs or services exclusively for women or
for men.
150.23 The University
may continue to administer scholarships established
by foreign or domestic legal instruments or
by acts of foreign governments designed to provide
opportunities for graduating students of one
sex to study abroad. (See also Section
153.223.)
150.24 Programs
in which the University requires or facilitates
participation by its students, but which are
not wholly operated by the University (for example,
study abroad, clinical programs, student-teaching
programs, internships) must be actively monitored
to ensure that they do not contain violations
of this Policy. If such violations occur and
cannot be rectified, the program relationship
must be terminated.
150.30 MARITAL
AND PARENTAL STATUS
150.31 No campus
may apply any rule concerning a student's actual
or potential parental, family, or marital status
which treats students differently on the basis
of sex.
150.32 Pregnancy,
childbirth, false pregnancy, termination of
pregnancy, or recovery therefrom must be treated
in the same manner and under the same policies
as any other temporary disability. This includes
the campus policy on exclusion from any class
or extracurricular activity; the right to medical
services; the requirement of a doctor's certification
for continuance in a normal academic program;
and the right to a leave of absence if requested
by the student.
150.40 EXEMPTIONS
150.41 Federal
and State laws concerning sex discrimination
do not apply to the membership practices of
social fraternities and sororities which are
exempt from taxation under applicable sections
of the Internal Revenue Code. The exempt organizations
include the following:
Fraternal beneficiary societies, orders, or
associations--
(a) operating under the lodge system or for
the exclusive benefit of the members of a
fraternity itself operating under the lodge
system, and
(b) providing for the payment of life, sick,
accident, or other benefits to the members
of such society, order, or association or
their dependents.
Domestic fraternal societies, orders, or associations,
operating under the lodge system--
(a) the net earnings of which are devoted
exclusively to religious, charitable, scientific,
literary, educational, and fraternal purpose,
and
(b) which do not provide for the payment
of life, sick, accident, or other benefits.
150.42 Federal
and State laws concerning sex discrimination
do not apply to membership practices of the
Young Men's Christian Association, Young Women's
Christian Association, girl scouts, boy scouts,
camp fire girls, or voluntary youth service
organizations which are exempt from taxation
under applicable sections of the Internal Revenue
Code.
150.43 Father-son
or mother-daughter activities and similar activities
are exempt from the requirements of this Policy
provided that, if such activities are offered
for students of one sex, opportunities for reasonably
comparable activities are offered for students
of the other sex.
151.00 ADMISSIONS
151.10 Except
as provided in this Policy, no preference on
the basis of sex can be given in the admission
of students. This includes: (a) ranking of applicants
separately by sex; (b) the use of quotas for
one sex; or (c) the use of tests or other criteria
which have disproportionately adverse effects
on one sex. The prohibition against tests or
criteria which have disproportionately adverse
effects on one sex is not applicable when they
are shown to validly predict success in the
educational program in question and alternative
tests or criteria are shown to be unavailable.
151.20 Affirmative
action in terms of recruitment and expansion
of the availability pool is allowed in order
to overcome the limited participation of one
sex in a program or activity.
151.30 No inquiries
as to marital status may be made in admission
forms or questionnaires, nor can marital or
parental status be used as a criterion for admission
to any school, college, or program.
151.40 Pregnancy,
childbirth, termination of pregnancy, or recovery
therefrom must be treated as any other temporary
disability, and such disabilities may not exclude
any person from admission.
151.50 No preference
in admissions to the University may be given
to applicants from institutions which admit
solely or predominantly members of one sex.
152.00 RECRUITMENT
152.10 Additional
or intensified recruitment of one sex is permissible
only:
a) as a remedial action required because
of past discriminations; or
b) as affirmative action to counter previously
limited participation in a program by members
of one sex.
152.20 The University
may not recruit primarily or solely at institutions
which are predominantly or entirely of one sex,
if such recruitment has the effect of discriminating
on the basis of sex in University admissions.
153.00 EDUCATIONAL
PROGRAMS AND ACTIVITIES
153.10 Access
to Course Offerings
153.11 Except
as provided in this Policy, all educational
programs or activities offered by the University,
including physical education, ROTC, and music
classes must be offered without discrimination
on the basis of sex.
153.12 With regard
to physical education classes, there may be
a separation of students by sex within the class
activities involving physical contact as their
major activity or purpose (for example, wrestling,
football, and rugby). In addition, students
may be grouped within classes according to ability,
as measured by objective standards applied without
regard to sex (for example, weight training).
In cases where a single standard of grading
in physical education classes has a disproportionately
adverse effect upon one sex, the instructor
must use alternative standards which do not
have such an effect.
153.13 With regard
to music classes, requirements of vocal range
or quality may be used in selection of choruses,
which may result in choruses of one or predominantly
one sex.
153.20 FINANCIAL
AID
153.21 General
Provisions
It is the intent of this Policy that student
aid funds administered by the University are
awarded to men and women in a nondiscriminatory
manner. A campus may not at its own discretion
set aside any University-administered student
aid funds in a manner that would result in discrimination
on the basis of sex in the amount or type of
aid received by University students on that
campus. However, as provided in Federal and
State laws, certain funds may be administered
on a sex-restricted basis (see Section
153.22).
153.211 As a general
rule, men and women in similar circumstances
shall be given comparable financial aid packages
and awards. The percent of aggregate need which
is filled by all awards must be equitable between
women and men. The proportion of repayable to
nonrepayable aid in individual awards must be
equitable for men and women in the same categories
and the same need evaluation must be used for
both sexes.
153.212 Students
who are married or who are parents may not be
treated differently by virtue of sex. Thus,
the same policies and rules shall apply to any
parent, whether married or not, without regard
to sex; for instance, a woman with two dependent
children shall be treated no differently from
a man with two dependent children if the circumstances
are otherwise the same.
153.213 As provided
in Section 150.10, the
campuses of the University are considered to
be separate institutions. Therefore, in determining
that student aid funds are awarded to men and
women in a nondiscriminatory manner, each campus
is responsible for assuring that financial aid
funds administered by the campus adhere to this
Policy.
153.22 Administration
of Sex-Restricted Funds
153.221 Types
of Awards and Conditions Governing Their Administration
The University may administer and assist outside
organizations in the administration of selected
sex-restricted scholarships, fellowships, prizes,
or other forms of financial aid, so long as
the overall effect of the sex-restricted awards
on each campus does not result in discrimination
on the basis of sex in the overall campus student
aid program.
153.222 Acceptance
of New Funds
The University may continue to accept, for
direct University administration, irrevocable
gifts which impose mandatory sex restrictions
on the award of student financial aid which
meet the following two conditions.
a) The funds must have been established pursuant
to domestic or foreign wills, trusts, bequests,
or similar legal instruments or by acts of
a foreign government. A letter conveying an
irrevocable gift of sex-restricted student
aid funds to the University, regardless of
the source of the funds, would qualify the
funds for University administration under
the exception permitted in Federal and State
laws.
b) The instrument from which the funds derive
must require that awards be made to members
of a particular sex. As new funds are accepted,
periodic review of the overall student financial
aid program should be undertaken by each campus
to assure that the overall impact of the financial
aid program remains nondiscriminatory within
the meaning of this Policy.
153.223 Acceptance
of Funds for Opportunities to Study Abroad
The University may administer and assist in
the administration of scholarships and other
aid established by foreign or domestic wills,
trusts, or similar legal instruments or by acts
of foreign governments to provide members of
one sex with opportunities to study abroad,
provided that reasonable opportunities for similar
studies for members of the other sex are made
available. These opportunities may be provided
from either domestic or foreign sources.
153.224 Athletic
Grants-in-Aid
It is the intent of this Policy that men and
women student athletes should have reasonable
opportunities for athletic grants-in-aid in
proportion to the number of students of each
sex participating in intercollegiate athletics.
This does not mean that such grants must be
awarded in proportion to the number of students
participating in each individual sport. There
may be differences in the number of grants for
each team, but the general policy governing
awards must be the same for men and women. Any
short term deviation from substantial proportionality
must be based on nondiscriminatory factors.
This section does not apply to campuses which
do not award athletic grants.
153.30 ATHLETICS
153.31 Federal
Requirements--General
It is intent of this Policy that equal athletic
opportunities be available for members of both
sexes. As provided in Federal regulations and
Office for Civil Rights guidelines, in determining
whether equal opportunities are available, the
following factors will be considered:
a) Whether the nature and extent of the sports
programs (including the levels of competition,
such as varsity, club, etc.) effectively accommodate
the interests and abilities of members of
both sexes;
b) The provision of equipment and supplies;
c) The scheduling of games and practice time;
d) The provision of travel and per diem allowances;
e) The nature and extent of the opportunity
to receive coaching and academic tutoring;
f) The assignment and compensation of coaches
and tutors, including the provision of administrative
and clerical support;
g) The provision of locker rooms, practice,
and competitive facilities;
h) The provision of sports medical and training
facilities and services;
i) The provision of housing and dining facilities
and services;
j) The nature and extent of publicity;
k) Opportunities and funding for recruitment
of prospective student athletes.
While each factor does not, in and of itself,
have to be distributed equally to men and women
athletes, the overall program should represent
a reasonably equal apportionment of services
to athletes. All prime time practice hours in
the main gymnasium should not, for example,
be allotted to men's intercollegiate teams,
nor should women receive inferior equipment,
lower travel allowances, or lesser publicity.
Each campus is encouraged to conduct a self-study
to determine its compliance with these factors
and prepare a plan to eliminate deficiencies
if they exist.
153.32 Federal
Requirements--Teams
153.321 Level
One Activities: Intercollegiate Teams and Competitive
Sports Clubs (including all teams for which
members are chosen competitively)
Teams in this category may be offered separately
for men and women or a single team may be offered.
When a single team is offered, and members of
one sex are completely or substantially excluded,
the campus must offer separate teams if the
athletic interests of the excluded sex are not
otherwise accommodated. For example, Campus
X decides to offer a single boxing team, but
when tryouts are completed, it finds that all
but one of the twenty females who tried out
were eliminated. If boxing is a high priority
on the list of sports in which women students
wanted to participate, then the campus must
offer separate teams. If boxing is low on the
list and the sponsorship of teams in other sports
would more effectively accommodate the interests
of the excluded sex, then the campus may continue
with the single boxing team.
153.322 Level
Two Activities: Intramurals and Recreational/
Noncompetitive Sports Clubs
At this level, contact sports activities may
be offered on a separate basis, a single-activity
basis, or both. However, if a campus chooses
to sponsor only a single activity and members
of one sex are completely or substantially excluded,
the campus must offer separate activities if
the interests of the excluded sex are not otherwise
accommodated. (See Level One Activities, above.)
Campuses may offer either coeducational teams
or separate teams for noncontact sports at this
level. Noncontact sports activities at this
level, which do not involve selection based
on skills, must be offered on a coeducational
basis. When selection for teams is based upon
competitive skill, separate teams for noncontact
sports may be offered for members of each sex.
However, if a campus offers a noncontact sport
at this level for members of one sex, but such
a sport is not available to members of the other
sex, and athletic opportunities for members
of that sex previously have been limited, members
of the excluded sex must be allowed to try out
for the sport.
153.33 Athletic
Grants-in-Aid
See Section 153.224.
153.34 Program
Administration
Federal and State laws do not impose structural
requirements on program administration. Single
athletic departments are no more or less acceptable
than separate men's and women's departments.
However, when a campus contemplates a change
in administrative structure, it must take care
to assess the effects on employees of both sexes
of current and proposed administrative models.
The campuses may not adopt any structural model
which has a disproportionately adverse effect
upon employment opportunities of employees of
one sex.
153.40 HOUSING
153.41 On-Campus
Housing
The campuses may provide separate housing on
the basis of sex if the housing offered to renters
of each sex annually is, as a whole, comparable
in quality and cost and proportionate in number
to the number of housing applicants from each
sex. To assess quality, each campus must review
the variety of on-campus housing opportunities
available.
153.42 Off-Campus
Housing
153.421 The California
Fair Housing and Employment Act and the Federal
Fair Housing Act prohibit discrimination in
housing based on sex. In addition, these Acts
prohibit any person from publishing a notice
regarding rentals which discriminates on the
basis of sex. Accordingly, rental listings which
specify a preference based on sex should not
be accepted for listing at the University. Federal
law exempts owners of single-family homes and
dwelling units of no more than four units from
these prohibitions, provided in the latter case
that the owner lives in one of the units. Federal
law also exempts religious or nonprofit organizations
or private clubs which offer lodging to members.
153.422 Federal
and State laws do not specifically prohibit
or exempt individuals seeking roommates from
specifying sex preference. Nonetheless, a campus
may accept single-sex roommate listings provided
the campus assures itself that, when considered
in its entirety, housing listed separately for
men and women is comparable in quality and cost
to the student and proportionate in number.
153.423 Given
the difficulty of investigating each listing
to determine if off-campus housing is comparable
in quality and cost and proportionate in number,
each campus may choose to list only off-campus
housing not restricted by sex or to follow up
on grievances related to the above and look
for patterns of discrimination in housing. If
the campus determines on the basis of a grievance
investigation that housing for one sex is not
comparable to that available to the other sex,
then the campus should take corrective action
to generate new sources of comparable housing
or eliminate all separate listings.
153.50 COUNSELING
153.51 Each campus
must evaluate its practices and policies with
regard to academic and career counseling and
assure itself that such counseling is not done
on the basis of sex. Further, if a campus finds,
by means of an annual review of enrollment data
by sex, that any one class or program has a
disproportionate participation by one sex, that
campus must assure itself that such participation
is not the result of sex discrimination in counseling.
153.52 In addition,
each campus must assure itself, by a review
thereof, that the tests and other materials
which it uses in its counseling programs are
the same for both sexes. Only when counseling
is being used to eliminate previous sex bias,
may different materials be used (for example,
academic or career counseling for women in fields
with disproportionate representation). If upon
evaluation it is determined that the tests or
materials being used to counsel students have
the effect of channeling a substantially disproportionate
number of persons of one sex into a particular
program or course of study, alternative materials
must be used.
153.60 STUDENT
EMPLOYMENT
153.61 The placement
office of each campus must require all prospective
employers to attest to the fact that they do
not discriminate unlawfully on the basis of
sex in either their hiring or employment practices.
If an employer refuses, or it is determined
that the employer does, in fact, discriminate
unlawfully on the basis of sex, the campus may
not continue to assist the employer in any way.
153.62 With regard
to student part-time employment, when job listings
are often phoned in for jobs available immediately,
it is often difficult for an employer to sign
a statement. In this case, staff at the student
placement office should read the compliance
statement over the phone to the prospective
employer and a record of that agreement should
be noted by the placement office.
153.63 Each campus
must require off-campus organizations that offer
work-study jobs which are administered through
the financial aid offices to verify that they
do not discriminate on the basis of sex in either
their hiring or employment practices.
153.70 HEALTH INSURANCE AND BENEFITS AND
SERVICES
153.71 Health
Insurance
If a campus makes available medical or health
insurance policies to students and those policies
include coverage of temporary disabilities,
pregnancy and related conditions must be included
in the coverage.
153.72 Benefits
and Services
Benefits and services may be provided which
may be used by a larger proportion of students
of one sex than of the other, including family
planning and contraceptive services. Any campus
which provides full coverage health services
must provide gynecological care.
154.00 FACILITIES
The campuses may provide separate toilet, locker
room, and shower facilities on the basis of
sex. However, all such facilities offered to
members of one sex must be comparable to those
offered to the other sex (for example, men's
or women's lounges).
155.00 DESIGNATION
OF RESPONSIBLE EMPLOYEE
Each campus and the University as a whole must
designate at least one employee to coordinate
compliance with Federal and State laws pertaining
to nondiscrimination on the basis of sex, including
investigation of grievances and handling inquiries.
In addition, these employees must supervise
the various reviews and evaluations of programs
and policies required by law. As provided in
Section 157.00 below,
all students must be notified of the name and/or
title, office address, and telephone number
of this person or persons.
156.00 GRIEVANCE PROCEDURES
Each campus has established student grievance
procedures to handle complaints and allegations
of noncompliance with Federal and State laws
and this Policy.
As provided in State law, persons who have
filed a complaint pursuant to this Policy must
be advised by the campuses that civil law remedies
may also be available, including injunctions,
restraining or other orders, and monetary damages.
Campuses must make this information available
to students and employees by publication in
appropriate informational materials.
157.00 NOTIFICATION
Federal and State laws require the University
to inform students of the University's policy
of nondiscrimination on the basis of sex. Notification
statements should include the Nondiscrimination
Policy Statement for University of California
Publications Regarding Student-Related Matters
found in Appendix C,
which includes nondiscrimination on the basis
of sex.
The individual(s) named in the notification
statement should be the appropriate campus official(s)
designated in Section 155.00
to respond to inquiries concerning nondiscrimination
on the basis of sex.
158.00 PUBLICATION
REQUIREMENTS
15
| 
