May 18, 2017

Appendix V

Disciplinary System for Disruptive Conduct

I. Introduction

As recognized in the Report of Committee on Freedom of Expression, the University is fundamentally

dedicated to the preservation and celebration of freedom of expression as an essential element of the
Universitys culture. As forms of free expression, dissent and protest are integral to the life of the
University, and thus should be affirmatively welcomed, not merely tolerated, by the University (Report of
the Ad Hoc Committee on Protest and Dissent). The principle of freedom of expression, however, is not
unlimited. The Committee on Freedom of Expression itself recognized that certain forms of expressive
conduct are not protected, including violations of the law, defamation of individuals, invasion of privacy or
confidentiality, and disruption of ordinary University activities. Similarly, the Report of the Ad Hoc
Committee on Protest and Dissent observed that while [v]ocal protest, and demonstrations in particular, are
by their very nature disruptive to some degree,* protesters have reciprocal obligations of respect and
constructive engagement. These obligations confer a responsibility to not jeopardize the Universitys ability
to meet its commitments and obligations. The Report further stated that the University is entitled to
impose strict limits on protest activities that threaten especially sensitive facilities and enforce those limits if
they are breached.

University Statute 21 defines and prohibits disruptive conduct as follows:

Disruptive conduct is conduct by an individual or by a group of individuals yone member of the

University community that substantially obstructs, impairs, or interferes with: (i) teaching, study,
research, or administration of the University, including UCMCs clinical mission; (ii) the authorized
and other permissible use of University facilities, including meetings of University students, faculty,
staff, administrators and/or guests; or (iii) the rights and privileges of other members of the
University community. Substantiality may be judged based on a single incident or on an
aggregation across incidents. Anyone member of the University who engages in disruptive
conduct, whether individually or as part of a group, will be subject to disciplinary action.
Disruptive conduct includes but is not limited to: (1) obstruction, impairment, or interference with
University-sponsored or -authorized activities or facilities in a manner that is likely to or does deprive
others of the benefit or enjoyment of the activity or facility and (2) use or threatened use of force
against any member of the University community or his or her family that substantially and directly
bears upon the members functions within the University.

Anyone may make a complaint under this system. All complaints that a student has engaged in conduct that
violates Statute 21 should be made in writing and brought promptly to the attention of the Associate Dean of

*
Examples might include counter-demonstrations and counter-events; marches that do not drown out speakers; silent
vigils; teach-ins; protest signs that do not block the vision of the audience; boycotts of speakers or events; pointedly
challenging speakers during question and answer sessions, albeit in a way that does not monopolize that portion of the
event or prevent the speaker from responding.

Students in the University for Disciplinary Affairs, and in any event no later than 60 days after the alleged
misconduct occurred. The complaint should identify the name(s) of the person(s) involved, and state with
specificity the nature of the misconduct, and the circumstances under which it may have been committed. In
response, the University will conduct a prompt and thorough investigation as detailed below and will do so
notwithstanding any external process, such as a law enforcement investigation or criminal prosecution.

The purpose of this document is to set out a disciplinary system for disruptive conduct as currently defined
in University Statute 21 as well as any substitutes, successors or other replacements for University Statute 21.
The goal of the system is to establish a uniform set of processes and standards that ensure the fair and
impartial investigation of allegations that a student has engaged in disruptive conduct, i.e., conduct that falls
outside of the principles of free expression and meets the definition supplied by Statute 21. The expectation is
that most matters arising under this system will be resolved informally and will include educational content
designed to articulate the boundary between free expression and disruptive conduct.

II. Non-Students with a Formal University Connection

Staff employees, academic appointees, visiting academics, postdoctoral researchers, employees of affiliates
and volunteers who violate Statute 21 are not covered by this system and will be subject to discipline using
the disciplinary processes applicable to each category. Employees of affiliates, volunteers, visitors or guests
who violate Statute 21 will be subject to the Universitys Ban (No-Trespass) Policy, which governs the
process by which the University denies access to some or all University property after reaching a reasoned
determination that a person has engaged in, among other things, threatening, disruptive or violent conduct.
Persons who are not guests and have no affiliation with the University are also subject to the Ban (No-
Trespass) Policy, which may result in permanent prohibition from University property. In addition, because
some conduct that violates this policy may also constitute a crime, any person who engages in disruptive
conduct that constitutes a criminal act may be arrested and prosecuted.

III. Initial Fact-Gathering and Notification Process for Complaints against Students

Anyone may make a complaint under this system. All complaints that a student has engaged in conduct that
violates Statute 21 should be made in writing and brought promptly to the attention of the Associate Dean of
Students in the University for Disciplinary Affairs, and in any event no later than 60 days after the alleged
misconduct occurred. The complaint should identify the name(s) of the person(s) involved, and state with
specificity the nature of the misconduct, and the circumstances under which it may have been committed. A
complainant should make every effort to include all relevant facts known at that time and provide all available
supporting materials. In response, the University will conduct a prompt and thorough investigation as
detailed below and will do so notwithstanding any external process, such as a law enforcement investigation
or criminal prosecution.

Generally, the complainant first will discuss the allegation with the Associate Dean of Students in the
University for Disciplinary Affairs (or designee). The Associate Dean of Students in the University for
Disciplinary Affairs will conduct an expeditious inquiry into the facts, which may include but is not limited to
interviews, information-gathering, and documentation of evidence. If warranted by the complaint and/or any
other preliminary information gathered, the Associate Dean of Students in the University for Disciplinary
Affairs will summon the respondent (the accused individual) to a meeting as soon as possible, review this
policy and its processes (including the respondents right to have a support persons assistance throughout the
process), and provide a brief written summary of the allegation. In most cases, a respondents refusalIf a

If an anonymous complaint precludes a meaningful inquiry into the facts from taking place, the complaint will be
dismissed.

respondent declines to participate in the initial information-gathering process will, this decision may foreclose
participation during later phases of the disciplinary process, including any proceeding before the Committee.

In the meeting, the Associate Dean of Students in the University for Disciplinary Affairs will inform the
respondent of the alleged misconduct and will discuss the allegation and applicable investigatory and
adjudicatory processes. Following the meeting, the Associate Dean of Students in the University for
Disciplinary Affairs will provide the complainant and the respondent with an opportunity to provide evidence
and to suggest witnesses. The Associate Dean of Students in the University for Disciplinary Affairs will not
interview witnesses whose sole purpose is to provide character information about either party.

Based on the inquiry and in consultation with the Faculty Chair of the Standing Disciplinary Committee on
Disruptive Conduct, the Associate Dean of Students in the University for Disciplinary Affairs has the
discretion and authority to dismiss the complaint. Alternatively, as explained below, the Associate Dean has
the authority to resolve the complaint informally, or to refer the complaint to the Faculty Chair, who in turn
may formally convene a disciplinary committee to hear the incident.

The Associate Dean of Students in the University for Disciplinary Affairs will also ensure that the
complainant and respondent be updated throughout the investigative process, including timely notice of
meetings where they may be present. More specifically, the complainant and respondent will be given the
following written notices: (i) notice that a complaint was dismissed, the matter was resolved informally, or
that an investigation will proceed; (ii) notice of a charge filed and any information that will be used in the
hearing process; (iii) notice of the date and time of any hearing and a list of hearing panel members; (iv)
notice of the hearing panels findings and, if applicable, sanctions, including an explanation of the review
process; (v) notice of whether a request for review has been filed; (vi) notice of the outcome of the request
for review, including whether the decision, or sanctions, have been modified; and (vii) notice when the
decision and sanctions become final.

IV. Informal Resolution for Complaints against Students

With the approval of the Faculty Chair, the Associate Dean of Students in the University for Disciplinary
Affairs may resolve allegations of disruptive conduct informally. As outlined above, both complainant and
respondent have the opportunity to present information and suggest witnesses related to an allegation of
disruptive conduct. After considering all the information available, the Associate Dean of Students in the
University for Disciplinary Affairs will use the preponderance of evidence standard to determine if the
respondent violated Statute 21. In situations involving conflicts between student organizations, the Associate
Dean of Students in the University for Disciplinary Affairs will make reasonable efforts to resolve the
differences between the organizations.

If the Associate Dean of Students in the University for Disciplinary Affairs concludes that by a
preponderance of the evidence, the information obtained supports a finding that the respondent violated
Statute 21, then, in consultation with the Faculty Chair, the Associate Dean will determine an appropriate
sanction. Sanctions may include but are not limited to, an officiala warning, disciplinary probation, and/or the
suspension of specific student rights and privileges for a designated period. The Faculty Chair cannot issue
an informal disciplinary sanction of suspension, or expulsion, or degree revocation. . The respondent may
choose in writing to accept or reject the finding and sanction in order to reach a resolution. If the respondent
rejects the finding and sanction, then the Faculty Chair will convene the Committee. If the respondent
accepts the finding and sanction, the resolution of the disciplinary process becomes final and unreviewable
within the University, with one exception: if the Associate Dean of Students in the University for Disciplinary
Affairs or the Faculty Chair later receives new information that materially changes the evaluation of the
matter, then the informal resolution may be withdrawn, and the matter heard and adjudicated by the

Committee. If the respondent accepts the finding and sanction, a record of such finding and sanction will be
placed inissued to the respondents educational recordrespondent.

If the respondent is accused subsequently of disruptive conduct under Statute 21, the Associate Dean of
Students in the University for Disciplinary Affairs must inform the Committee of the earlier finding and
sanction if the Committee finds that the respondent violated Statute 21. The Committee then must consider
the earlier finding and sanction in determining the appropriate sanction for the pending matter.

At any time before the Associate Dean of Students in the University for Disciplinary Affairs makes a finding
and, if appropriate, imposes a sanction, the Associate Dean may discontinue the informal resolution process
and refer the matter for formal resolution.

V. Formal Resolution for Students

If the Faculty Chair decides to convene the Committee, the Associate Dean of Students in the University for
Disciplinary Affairs will ask the complainant to submit in writing the allegation as well as any available
documentation supporting the allegation (to the extent such information has not already been gathered). The
Associate Dean of Students in the University for Disciplinary Affairs will provide the respondent with written
notice of the allegations, give the respondent a copy of these procedures, and ask the respondent to prepare a
written response to the allegation. If there were witnesses to the alleged misconduct, the Associate Dean of
Students in the University for Disciplinary Affairs may summon them for a meeting, ask them to submit a
written statement, and summon them to appear before the Committee to answer questions.

A complainant should make every effort to include in the complaint all relevant facts known at that time and
provide all available supporting materials. Normally, once the Committee is convened, the complaint will not
be revised to include new or different allegations or additional supporting materials. Once the Committee is
convened, the Associate Dean of Students in the University for Disciplinary Affairs may decline to
investigate, or recommend that the Committee or another disciplinary committee should decide, new or
different allegations based on facts that were known or reasonably should have been known to the
complainant at the time of the initial complaint.

VI. The University-wide Standing Disciplinary Committee on Disruptive Conduct

The University-wide Standing Committee on Disruptive Conduct (the Standing Committee), which hears and
adjudicates complaints against students, includes faculty and students drawn from all academic units, and staff
representing the academic units and Campus and Student Life. In consultation with the Spokesperson of the
Committee of the Council, the Provost will appoint members of the Standing Committee to three-year terms.
The faculty members of the Standing Committee will be drawn from the pool of faculty serving on the
Council of the University Senate and from a list of councilors who have served during the preceding five
years. The Provost will appoint staff and student members of the Standing Committee after soliciting
recommendations from each academic dean or their designee. At the recommendation of the Faculty Chair,
an Ad Hoc Disciplinary Committee (the Committee), drawn from the Standing Committee, will convene to
conduct the disciplinary proceeding. The Committee members will be selected in a manner that ensures that
one faculty member will have a primary academic appointment in the school or division in which the
respondent is enrolled at the time of the alleged misconduct.

The Committee convened to hear and adjudicate a particular complaint normally consists of three faculty
members, one student, one staff member, and the Associate Dean of Students in the University for
Disciplinary Affairs (or designee). The Associate Dean of Students in the University for Disciplinary Affairs
(or designee) attends the Committee proceeding in a non-voting, advisory capacity. Normally, one of the
three faculty members must have a primary academic appointment in the school or division in which the

respondent is enrolled at the time of the alleged misconduct. Two faculty members, including the Faculty
Chair of the Committee, and one additional member (staff or student) of the Standing Committee constitute
a quorum.

All members of the Committee must be able to maintain independent judgment and discharge their
obligations in a fair-minded fashion, free from material bias and conflicts of interest, or they must recuse
themselves. As soon as practicable before the hearing, the Associate Dean of Students in the University for
Disciplinary Affairs will notify the complainant and the respondent of names and academic affiliation of
Committee members. Either party may request a replacement if the participation of any member of the
Committee on the grounds that such member has a genuine and material conflict of interest. Such requests
must be made to the Associate Dean of Students in the University for Disciplinary Affairs within 48 hours of
receiving notice of the identities of the Committee members. Requests must identify with specificity the
alleged nature of the conflict of interest. Using reasoned judgment, the Faculty Chair (or designee) will decide
whether the alleged conflict is genuine and material and, if so, whether it compels the Committee members
replacement via the same process.

If all Committee members agree that the information gathered by the Associate Dean of Students in the
University for Disciplinary Affairs, including the written submissions of the complainant and respondent, is
sufficient to make a determination (e.g., a matter in which the respondent does not dispute relevant facts),
then the Committee may conclude that a hearing is not necessary. If the Committee decides that a hearing is
not necessary, it will proceed directly to make a determination, including an explanation of why a hearing is
not necessary.

VII. Format and Order of Student Proceedings

A. Information Considered by the Committee and the Role of the Support Person

In connection with the proceeding, the complainant and the respondent will receive the same materials,
subject to compliance with FERPA (the Family Educational Rights and Privacy Act (FERPA, which may
require redaction of certain identifying information), as received by the members of the Committee. With
regard to persons summoned to appear before the Committee, if the Committee hears from other individuals,
the respondent and the complainant both mayhave the right to be present.

The complainant and the respondent may bring to the disciplinary proceeding a person of their choice whose
role is entirely limited to providing support. The Associate Dean of Students in the University will develop a
list of University academic appointees, staff employees and students who are willing to serve as support
persons. Although the complainant and respondent are free to select any support person, they will be given a
reasonable opportunity to select a support person from the list. The support person does not function as an
advocate or participate directly in any way during the proceeding. The Faculty Chair may decide to move
forward with the proceeding if coordinating the support persons involvement causes undue delay. If the
support person fails to respect the limitations of the role, engages in active advocacy, or harasses, abuses, or
intimidates any participant in the proceeding, the support person will be required to leave the proceeding,
which will continue in their absence. If the support person is a lawyer, a representative of the Universitys
Office of Legal Counsel also will attend the hearing. Regardless of whether a complainant, respondent or
witness is represented by counsel, at all times they are expected to speak for themselves, directly communicate
with the University officialspersonnel involved in the investigatory and adjudicative processes, and submit
their own written statements.

B. General Process

In order to reach a fair and reasonable resolution of the complaint, Committee proceedings will generally
follow the outline described below:

1. The Committee presumes the innocence of the respondent, assumes no facts or conclusions, ignores any
previous history of disciplinary action with respect to the student charged, and reaches its decision as to
whether the respondent has engaged in the prohibited act solely on the basis of the evidence actually before
it.

2. Committee proceedings are closed. The only individuals who may be present in the hearing room(s) during
the proceeding are: Committee members, the Associate Dean of Students in the University for Disciplinary
Affairs, the complainant and respondent (and their respective advisors), witnesses (when called), and
necessary University personnel. The Associate Dean of Students in the University for Disciplinary Affairs
will work with other University personnel so that any individual whose presence is required may participate in
the hearing.

2. 3. The Faculty Chair reminds all present that disciplinary proceedings are distinct from the traditional legal-
judicial process, and that the collegiality and trust thatwhich binds all members of the University community
entails an obligation of candor on the part of all involved in disciplinary proceedings, and disciplinary
proceedings and their outcomes are to remain confidential. .

3. 4. The Faculty Chair notes that cell phones and any other recording devices may not be used during any
part of the proceeding, and reminds those present that the Committee may set reasonable time limits for any
part of the proceeding and has the authoritywill use reasoned judgment to determine the relevance of, place
restrictions on, or exclude any witnesses or information.

4. 5. The Faculty Chair restates the basic complaint at issue before the Committee to determine what
happened, whether the respondent engaged in disruptive conduct within the meaning of Statute 21, and, if so,
the nature of the sanction to be imposed.

5. 6. The Committee normally asks the respondent and complainant each to make an opening statement to
the Committee about the allegations. If the proceedings involve multiple respondents accused of disruptive
conduct arising out of the same event or events, the respondents each will be heard separately and not in the
presence of the other respondents. If the respondent refuses to appear before the Committee, the
Committee shall proceed without the respondent.

6. 7. Committee members may ask questions of the respondent and others coming before the Committee and
may conduct further inquiry.

7. 8. If the Committee hears other individuals, the respondent and complainant mayhave the right to be
present.

8. 9. Only the Committee may ask questions of the respondent, complainant and others who appear before
the Committee; the complainant and the respondent may not cross-examine or otherwise directly engage one
another or others, but may, at the discretion and direction of the Faculty Chair, suggest questions to be posed
by the Committee. The Committee may revise or decline to ask any or all submitted questions.

9. When
10. The Faculty Chair may decide to move forward in the proceeding at any point if, in his or her judgment,
anyones actions cause undue delay. The Faculty Chair can require to leave the proceeding anyone who fails
to respect the limitations of their role, engages in active advocacy, or harasses, abuses, or intimidates any
participant in the proceeding. The proceeding will continue in their absence. The Faculty Chair will always
also be mindful of the necessity of hearing reasonable and relevant points from participants, especially the
complainant and the respondent.

11. To ensure the integrity of the process, when students speak to the Committee during the hearing and in
the presence of one another, until the Committee renders a decision the students must maintain
confidentiality of the proceeding regarding what was said and must not communicate about the
proceedingstatements with anyone participating in it or with others outside the proceeding.

12.
10. At the conclusion of the proceeding, the Committee normally gives the complainant and respondent the
opportunity to make concluding remarks of a reasonable duration.

13.11. If the respondent previously has been accused of misconduct under Statute 21, the Associate Dean of
Students in the University for Disciplinary Affairs will inform the Committee of the previous accusation,
other pertinent information related to the previous allegation, any finding, and any disciplinary action.

12. At the completion of the proceeding, the Committee will deliberate confidentially to consider the
information obtained in the course of the proceeding and decide whether the respondent violated Statute 21
and, if so, the appropriate sanction. In making a determination, the Committee will apply a preponderance of
evidence standard. Namely, the Committee will decide whether, in consideration of all of the information
before it, it is more likely than not that the respondents conduct violated Statute 21. Although axiomatic, it
bears noting that non-disruptive protest and dissent should never be punished.

13. 14. Decisions are by majority vote of the members of the Committee.

14. 15. The Committee will impose sanctions that are fair and reasonable given the facts and circumstances.
In deciding sanctions, normally the Committee will consider the nature of disruptive conduct; the risk that the
respondent may engage in additional disruptive conduct in the future; the sanctions deterrent or permissive
effect on the campus community, including on any persons or organizations aware of the disruptive conduct
being adjudicatedmitigating circumstances, if any; and past precedent, if any, established by the Committee.
If appropriate, the Associate Dean of Students in the University for Disciplinary Affairs will provide the
Committee with the facts and circumstances of any similar, past cases and associated sanctions.

C. Sanctions

The sanctions listed below may be used singly or in combination by the Committee, which may also devise
new sanctions that it deems appropriate. The same sanction options are available to the Review Board.

Warning: An officialA letter is placed in shall be issued to the students educational

record.student. A prior warning related to misconduct under Statute 21 mustmay be considered
in determining a sanction for a current offense.
Disciplinary Probation: During this defined period, a student may continue to enjoy all the rights
and privileges of a student except as the Committee stipulates. A prior disciplinary probation
related to misconduct under Statute 21 mustmay be considered in determining a sanction for a
current offense.
Loss of University Privileges: Specific student rights and privileges, such as access to certain
University buildings, events, organizations, or employment, may be suspended for a defined
period.
Discretionary Sanctions: The Committee may require the completion of additional academic
work, community service, or restitution/fines by a given deadline.
Disciplinary Suspension: For a period of no more than nine consecutive quarters, a student is
prohibited from exercising any rights or privileges of a student at the University.
Disciplinary Expulsion: An expelled student forfeits the rights and privileges of a student at the
University. Ordinarily, the University will not consider a re-application for eleven consecutive

quarters following the date of the expulsion.

Revocation of a Degree: A policy violation that occurred before a degree was awarded may lead
to a Committee recommendation that a degree be revoked.

D. Notification of Outcome

Normally, once deliberations have concluded, the Associate Dean of Students in the University for
Disciplinary Affairs will provide the complainant and respondent with verbal or electronic notification of the
outcome of the proceeding. No later than seven days after deliberations have concluded, the Associate Dean
of Students in the University for Disciplinary Affairs will provide the complainant and respondent with
formal, written notification of the outcome, including information regarding a request for review. The
notification will include an explanation of the basis for the finding and sanction.

DecisionsOnly decisions of disciplinary suspension or expulsion will be recorded on the respondents

transcript and usually will read Not permitted to register from [Date] to [Date]. [Name and Title of the Dean
of Students in the University], [Date] In cases of expulsion, the notation includes a statement Must
Reapply. Other offices (e.g., Housing, University Registrar) are to be notified of the finding and sanction if
the action taken by the Committee affects those offices. If required by law, permitted by law, or authorized
by the respondent, the Associate Dean of Students in the University for Disciplinary Affairs may disclose
allegations of misconduct and the outcome of disciplinary proceedings to third parties, including to external
organizations.

The Office of Campus and Student Life will keep a written record of the matter as part of the students
educational record. This record should include all materials furnished to the Committee, a copy of the
confirmation letter sent to the respondent, a statement of the main findings that were relevant to the final
resolution of the disciplinary proceedings and to the sanctions imposed, as well as the considerations of the
possible implications of the sanctions.

E. Requests for Review

The complainant and respondent may request a review of the resolution of the disciplinary proceeding within
15 days of being informed, in writing, of the decision. The only recognized grounds are that: (i) the prescribed
procedures were not followed or that; and (ii) the discovery of new and material information unavailable to
the Committee at the time of the proceeding bears significantly in the students favor. A Review Board
consists of one faculty member (who also serves as chair), one administrator (designated by the Dean of
Students in the University), and one student. Decisions are by majority vote of the members of the
Committee. Members of the Review Board may not serve if they were part of the Ad Hoc Committee that
decided the underlying matter.

All members of the Review Board must maintain independent judgment and an open mind about the
decision under review, and none shall have a conflict of interest with either party. The Review Boards
decision is final and non-reviewable. In making a decision, the Review Board does not conduct a new
disciplinary proceeding and normally does not interview witnesses or seek additional information from the
student seeking review or witnesses, although the Review Board has the authority to do so and may seek
additional information regarding the proceeding from the Associate Dean of Students in the University for
Disciplinary Affairs.

The Review Board, acting on the basis of the entire record, may sustain, reduce, modify or strike the
sanctions imposed if it determines that: (i) prescribed procedures were not followed; and/or (ii) new and
material information unavailable to the Committee at the time of the proceeding bears significantly in the
students favor has been discovered. Additionally, if the Board is satisfied in its reasoned judgment that the
new and material information not available to the Committee more likely than not would have resulted in a

different decision, it may require the Committee to reconvene and consider the new information in the
proceedings.

The complainant and the respondent shall be notified in writing of the outcome of the request for review
within 7 days after the conclusion of the review. The review constitutes the final process for disciplinary
proceedings, and the outcome is final and not reviewable within the University.

F. Confidentiality

The University must protect privacy, including its agents (e.g., those who serve on the Standing and
confidentiality to fulfill its commitment to address complaints of disruptive conduct fairly and expeditiously.
It alsoAd Hoc Committee), has a legal obligationsobligation under federal law to limitmaintain the
disseminationconfidentiality of student education record information, including the resolution of disciplinary
proceedings outcomes, except in very limited circumstances generally inapplicable to matters under this
policy. Maintaining the confidentiality of the disciplinary proceedingrecords, including the resolution is the
responsibility of the respondent, complainant and all others participating in or privy to the proceeding. Every
member of the University community should recognize that breaches of confidentiality erode the
communitys trust in this process, impair the effectiveness of the records used in the disciplinary proceeding,
and may have the purpose or effect of retaliating against those who participate in the process.

Fidelity to confidentiality is more likely to encourage parties and witnesses to participate in the process and
share all that include identifiable student information they possess, which is necessary for achieving fair
outcomes. If parties or witnesses fear that their participation and the information they share will be revealed,
then concerns about reputation, peer pressure, and retaliation may deter them and others from participating
or even bringing forward complaints in the first instance.

For these reasons, all parties and witnesses involved in an investigation or proceeding under this disciplinary
system are prohibited from disclosing, at any time and through any medium (including social media), the
identity of the parties and witnesses, and any details or information regarding an incident, investigation, or
proceeding to anyone, except: (i) to University employees as necessary to implement any provisions of this
disciplinary system or the business of the University; (ii) as permitted by this disciplinary system (exceptions
listed below); or (iii) as permitted or required by law (e.g., information gathered in the course of an
investigation may be subpoenaed by law enforcement authorities as part of a parallel investigation or required
to be produced through other compulsory legal process).

In some circumstances, a person, e.g., as authorized by the student or compelled by a subpoena or court
order. Although respondents, student witnesses and support persons are not bound by the federal law
applicable to the University and its agents, they are encouraged to use good judgment when sharing
information with third-parties, as some disclosures and related statements may give rise to legal claims against
them by persons who fails to preserve confidentiality may face disciplinary action. For example, if a party or
witness breaches confidentiality with the purpose or effect of retaliating against a person for his or her
participation in an investigation or hearing, the Committee may hear a complaint of retaliation and impose
sanctions. In addition, to ensure that parties and witnesses can participate in the investigation and any
hearing in the absence of intimidation, harassment, or coercion, the University has the authority to issue a no-
contact directive. A no-contact directive notifies individualsbelieve that they are forbidden from having
contact, directly or indirectly, personally or through others, and through any medium (including but not
limited to social media), with others specified in the directive. Violation of a no-contact directive may result in
a disciplinary proceeding and the imposition of sanctions.

As noted, there are exceptions to the principle of confidentiality. First, the complainant and respondent may
share any information with certain people with whom they have a special relationship: parents or guardians,
siblings, spouses, legal counsel, health care and mental health providers, clergy, and their support person as

permitted by this disciplinary system. It is generally wise to limit the number of people with whom
information is shared, particularly because they, too, must hold to the principle of confidentiality. The
complainant and respondents relationships with others, such as close friends, romantic or sexual partners,
roommates, housemates, teammates, etc., do not constitute special relationships within which sharing of
confidential information is permitted. Second, the University may disclose any information related to the
matter as necessary to (1) those to whom it is necessary to give fair notice of the allegations and to conduct
the investigation; (2) law enforcement officials consistent with state and federal law; (3) other University
officials as necessary for coordinating interim measures or for health, welfare, and safety reasons; (4)
government agencies that review the Universitys compliance with federal law and accreditation standards;
and (5) third parties as permitted or compelled by law (e.g., in response to a lawful subpoena or in compliance
with federal privacy law).

It bears noting that there may be serious and personal legal consequences for those who breach the
requirement of confidentiality. Facts surrounding allegations of disruptive conduct are often in dispute and
thus breaches of confidentiality have the potential to affect seriously the reputations of the individuals
involved. Although statements made in good faith as part of University disciplinary proceedings are protected
legally and should not be used as the basis for a defamation lawsuit, statements made outside of the
proceedings lack that protection and could lead to a legal claim by a person who believes that thethe
disclosures or statements are false, invade privacy rights, or cause reputational damage.

VIII. Student as Employee

Nothing in this disciplinary system shall limit any student-employees rights under Section 7 of the National
Labor Relations Act (NLRA). The system thus would not apply to student-employees participation in a
demonstration, including a rally or picketing, who are represented by a collective bargaining agent and the
demonstration arises in the course of or is incident to a labor dispute involving the University. However, the
system applies to conduct not protected by the NLRA, including the prohibitions set forth in Statute 21, such
as the destruction of property, threats of physical harm to others, the occupation of University facilities, and
the disruption of University events.

IX. Other Information

Disciplinary proceedings under this system apply to anyone who has matriculated to the University, whether
or not in residence, and for any graduate but only if the alleged misconduct occurred before the degree was
awarded. If a complaint of disruptive conduct against a student who has applied for graduation has been
brought to the attention of the Associate Dean of Students in the University for Disciplinary Affairs but by
the date of graduation the matter has not yet been resolved informally or a Committee has not yet convened,
the Faculty Chair has the discretion and authority to decide whether the respondent may receive the degree
and/or participate in convocation. If the Committee has been convened by the date of graduation but the
proceedings have not concluded, the respondent shall not participate in convocation, and the students
graduation shall be postponed until the disciplinary proceeding has concluded, and, as applicable, the
completion of all sanctions.

X. Provision for Review of Disciplinary Procedures

The Council of the University Senate shall review, through an appropriate committee, this disciplinary system
not later than the Spring Quarter, 2020.

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