Student Conduct Code - Section 7.2.4 University Conduct Board Procedures

A University of San Francisco faculty or staff member will serve as Chair of the University Conduct Board (UCB). The Chair will preside at all Board meetings and decide on all questions of order and procedure. Two members plus the Chair must be present when Board meetings are conducted. One of the two members will be a student representative.

Any party may challenge for good cause (e.g., bias) any member of the Board. All such challenges must be made in writing and submitted to the Director of Student Conduct at least three business days prior to the meeting. The Director will decide on all challenges to UCB members.

The party bringing the challenge will be notified of the decision of the Director within two business days of receipt of the challenge. If a UCB member is removed for cause, that person will be replaced. In the event that the removed member is unable to be replaced before the originally scheduled meeting date, the meeting will be rescheduled and the Complainant and Respondent will be notified in writing of the new date, time and location of the meeting.

UCB Meeting Process
The meeting will be closed. A closed meeting means that only the Respondent, his or her advisor, the Complainant, his or her advisor, the Director of Student Conduct and members of the UCB are present. Witnesses will only be present only to provide their statements. In certain matters, Public Safety officers may also be present.

The UCB Chair will decide on all questions of procedure, including but not limited to the order of presentation of evidence, admissibility of evidence, applicability of regulations to a particular case and relevance of testimony. The Director is responsible for ensuring that the UCB meeting is audio recorded. This will be the only audio recording equipment allowed during the process. Deliberations of the UCB will not be audio recorded. No party to a complaint is permitted a copy of the audio recording. The Respondent, however, may request from the Director an opportunity to listen to the audiotape of his or her meeting prior to submitting an appeal.

Unless otherwise determined by the UCB Chair, evidence will be submitted in the following order:

1. evidence submitted in support of the allegations
2. evidence submitted by the Respondent
3. closing statements. 

Technical rules associated with civil or criminal matters do not apply in campus conduct meetings.

All evidence upon which the Board’s decision may be based must be introduced in the presence of the Respondent at the meeting except where the student (a) fails to appear after appropriate notice has been given or (b) otherwise waives his or her right to be present.

The Respondent:

• will be provided, at least five (5) business days prior to the meeting, with a written notice of the specific charges of the alleged violation(s) of the Student Conduct Code and a factual description of the conduct upon which the complaint is based; the date, time and place of the meeting; the names of members of the UCB; and a copy of these Procedures. Notices will be sent electronically to the student’s University email account.
• may, by written request submitted to the Director of Student Conduct, elect to waive the five (5) business day notification period and request that the meeting be held at an earlier date. The Director will notify the Respondent in writing if the request can be accommodated. In the event that the meeting is rescheduled for an earlier date, the Director will provide the Respondent with the new date, time and location.
• may be accompanied at the meeting by an advisor. The Respondent must inform the Director of the name, address and telephone number of the advisor at least three business days prior to the meeting. The role of the advisor is limited to providing assistance to and in support of the Respondent for responding to the complaint. The advisor is not allowed to actively participate in the meeting and may not speak at any time for the Respondent.
• is entitled to be present throughout the process while evidence is being presented and may remain until the UCB begins deliberations. If the Respondent does not attend the meeting or voluntarily leaves before the meeting has terminated, the case may be heard in his or her absence.
• will have the right to produce witnesses and evidence pertaining to the alleged violations. The names of witnesses must be provided to the Director at least three (3) business days prior to the meeting.
• will have the right to introduce and respond to evidence in the complaint.
• will not be present during deliberations. 
• will have the right to challenge for cause (e.g., bias) any member of the UCB. 
• will have a right to appeal the outcome

The Complainant:

• may be accompanied at the hearing by an advisor. The Complainant must inform the Director of the name, address and telephone number of the advisor at least three (3) business days prior to the meeting. The role of the advisor is limited to providing assistance to and in support of the Complainant in presenting his or her case. The advisor is not allowed to actively participate in the hearing and may not speak at any time for the complainant.
• is entitled to be present throughout the process while evidence is being presented and may remain until the UCB begins deliberations.
• will have the right to produce witnesses and evidence pertaining to the alleged violations. The names of witnesses must be provided to the Director at least three (3) business days prior to the meeting.
• will have the right to introduce and respond to evidence in the complaint.
• will not be present during deliberations.
• will have the right to challenge for cause (e.g., bias) any member of the UCB.
• will have the right to appeal the outcome

The Director of Student Conduct:

• will meet individually with the Respondent, Complainant and advisors to explain the UCB process.
• will coordinate the appearance of witnesses for the University and all evidence relevant to the charges. 
• will not be present during deliberations, but will be available to consult on procedural or other related questions.

Members of the University Conduct Board (UCB):

• will disqualify themselves from a meeting where they are unable to make a decision fairly and solely on the evidence presented.
• will ensure that discussion is restricted to the issue defined in the written notice of the charges of alleged misconduct.
• may question any witness produced by the Respondent, the Complainant the University, or call any additional witnesses who are deemed necessary. 
• will receive verbal and documentary evidence of the kind on which reasonable persons are accustomed to rely in serious matters and may exclude irrelevant or unduly repetitious evidence.
• will base their decision on a preponderance of the evidence meaning that it was more likely than not that the alleged conduct occurred.
• will make all decisions by a simple majority vote of those present and voting. 
• will submit their findings with regard to each of the allegations of the complaint, along with any imposition of sanctions, within five (5) business days following the conclusion of the meeting to both the Respondent and the Complainant, when applicable by law. The letter of finding will include the vote tally, the evidence found to support the complaint, any evidence deemed inapplicable, the reasons for the conclusion reached, and information regarding any sanctions imposed.