Nonacademic Student Conduct and Disciplinary Procedures

General Principles of Nonacademic Conduct

1. In developing responsible student conduct, disciplinary proceedings play a role substantially secondary to counseling, guidance and admonition. At the same time, the University of San Francisco has a duty and the corollary disciplinary powers to protect its educational purpose through the setting of standards of scholarship and of conduct for the students who attend the University and through the regulations of the use of institutional facilities. Consistent with that purpose, reasonable efforts will be made to foster the personal, educational, and social development of those students who are held accountable for violations of University regulations.
2. Persons on University property or attending any official University function assume an obligation to conduct themselves in a manner compatible with the University's function as an educational institution. Students are subject to University discipline for nonacademic conduct that interferes with University teaching, research, or administrative activities and for conduct that adversely affects either themselves or other members of the academic community. Being under the influence of drugs or alcohol, or both, or the existence of other mental impairment does not diminish or excuse a violation of the Standards of Nonacademic Conduct.
3. The University may pursue disciplinary proceedings against any student if the University believes that the student's conduct is fundamentally incompatible with the University, its community or its educational mission. Although the University has listed the types of infractions that are most common in collegiate settings, the University is not limited to the conduct included in these Procedures and may initiate disciplinary proceedings for conduct that is not included therein. These proceedings are internal to the University and are not to be construed as an extension of any external judicial system. As they are the fundamental basis of individual and group conduct at the University of San Francisco, each student is responsible for understanding and following them while being a member of the University community. (Note: Refer to Student Academic Honesty Policy as it applies to academic conduct.)
4. The University can legally establish and enforce any standards reasonably relevant to the lawful missions, processes and functions of the University and commence proceedings against a student whose conduct does not conform with such standards regardless of whether such conduct occurred on or off campus.
5. Complaints involving sexual and other unlawful harassment in employment, academic, and student-to-student relationships under Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Education Amendments, and the ADA are covered by the University's Prevention of Sexual and Other Unlawful Harassment Policy (included in the Fogcutter Student Handbook). Please refer to that Policy for an explanation of the investigation and adjudication procedures.
6. A student group or organization and its officers will be held responsible when violations of the Standards of Nonacademic Conduct have received the tacit or overt consent or encouragement of the group or organization or of the group's or organization's leaders, officers, or spokespersons.
7. The President has designated authority to the Vice President for University Life to implement processes for the administration of nonacademic discipline on campus. In the event that there arises some ambiguity, inconsistency, or need for clarification of these statements, the definitions, interpretations, or clarifications will be determined by the Vice President for University Life.

Standards of Fairness and Other Provisions

1. The purpose of the Nonacademic Student Conduct and Disciplinary Procedures is to provide a fair and just system -- to the Accused, the Complainant, and the University of San Francisco -- by which determination can be made concerning whether or not violations of the Standards of Nonacademic Conduct and nonacademic conduct-related policies have occurred. Through the publication of these regulations, the University has established procedures for adjudicating charges against students who have been charged with violating the University's Standards of Nonacademic Conduct. A full-range of sanctions is provided to ensure appropriate options are available in response to each discipline case.
2. Disciplinary procedures are not identical to the rights afforded the accused in a civil or criminal proceeding but are designed to comport with standards of fundamental fairness. Formal rules of evidence shall not be applicable, and deviations from the prescribed procedures, or errors in their application, shall not necessarily invalidate a decision or proceeding, or constitute grounds to withhold disciplinary action unless significant prejudice to the Accused or Complainant may result, or the errors were such as to have prevented a fair and just determination of the issues.
3. All disciplinary meetings shall be closed to the public. Only the Hearing Officer and the accused shall be present.

The University may initiate disciplinary proceedings against a student for alleged violations of the Standards of Nonacademic Conduct regardless of pending civil litigation or criminal arrest and prosecution arising out of the same factual circumstances. University disciplinary proceedings may proceed prior to, simultaneously with, or following civil or criminal proceedings. University disciplinary proceedings are not subject to challenge on the grounds that civil or criminal charges involving the same factual circumstances have been dismissed or reduced in civil or criminal proceedings.

1. The functions of the Assistant Dean of Students and Director of Residence Life, as described in the following sections of these Procedures, may be delegated to individual designees who are members of the administration of the University and who shall exercise those functions in their names. All references in these Procedures to the Assistant Dean of Students and Director of Residence Life include such designees.
2. Reports of the Assistant Dean of Students or Director of Residence Life on evidence, proceedings, findings, and recommendations are confidential and shall not be made public by the University or by any participant in a hearing, including the Accused, unless required or permitted by law. In the event these matters should become public, however, the University may authorize such public statements as are appropriate and legal.
3. All time limits imposed or recommended within these Procedures may be changed for good cause or reason as determined by the Assistant Dean of Students or Director of Residence Life (where appropriate).

Reporting of Misconduct

Alleged violations of the Standards of Nonacademic Conduct shall be reported to the Office of Judicial Affairs (University Center 405).

Alleged violations of University regulations or policies in any University-operated housing facility shall be reported to the appropriate designee of the Director of Residence Life (Phelan Hall 140). Such allegations may also be referred to the Office of Judicial Affairs for adjudication.