In developing responsible student conduct,
disciplinary proceedings play a role 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 regulation 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. As
a Jesuit institution, USF is committed to being a community that facilitates
the holistic development of its members.
This commitment
encourages the freedom for individual choice and expression with the
expectation that individual members of the community will BE HONEST,
DEMONSTRATE RESPECT FOR SELF, DEMONSTRATE RESPECT FOR OTHERS, and DEMONSTRATE
RESPECT FOR THE LAW AND UNIVERSITY POLICIES AND PROCEDURES. In keeping with
this commitment, this Statement of Responsibilities and Student Conduct Code
and related policies and procedures have been created to guarantee each
student's freedom to learn and to protect the fundamental rights of others. The
University has established standards, policies and procedures that are
necessary to achieve its objectives as a Catholic, Jesuit University.
These standards, policies and procedures are inclusive of the laws of the
nation, the state of California,
and the local community.
All members of the USF
community are expected to conduct themselves in a manner that is consistent
with the goals of the institution and demonstrate respect for self, others, and
their property. Students living off campus are members of this community and,
as such, are representatives of USF to the community at large. In this regard,
students living off campus maintain an equal measure of accountability to the
values and expectations of all members of this community as identified in the
Student Conduct Code.
Whether living in or
passing through the campus neighborhoods, or parking in the streets around
campus, students are expected to adhere to the same high standards of conduct
and behavior that are consistent with the students' developing role as
responsible and accountable citizens and reflect well upon the USF community.
University
Conduct and Disciplinary System
The President delegates
general supervision for matters of student conduct and disciplinary procedures
to the Vice President for University Life. Specific responsibility and
authority for the University Conduct and Disciplinary System is assigned to the
Assistant Dean of Students. A conduct officer or the appropriate conduct board
can review student disciplinary matters. The Assistant Dean of Students or
designee determines which course of action will be taken based on the nature of
the incident.
Disciplinary procedures
are not identical to the rights afforded the accused in a civil or criminal
proceeding. Formal rules of evidence will not apply, and deviations from the
prescribed procedures, or errors in their application, will not in themselves
invalidate a decision or proceeding, or constitute grounds to withhold
disciplinary action unless significant prejudice to the accused may result, or
the errors were such as to have prevented a fair and just determination of the
issues.
The communication of
disciplinary procedures will occur via the student's USF student email account
and/or campus or U.S.
mail. Students will be held accountable for retrieving their mail from their
email account or campus mailbox in a timely manner. Failure to do so is not an
acceptable excuse for delaying the disciplinary process and may result in a
decision being made in the student's absence.
Disciplinary
and Conduct Procedures
Conduct
Meeting
- Incident Report. Members of the University
community and nonaffiliated persons may file a report regarding the
behavior of a student. If the reported information constitutes a potential
violation of the Student Conduct Code and/or University standards,
policies, or procedures, the University will pursue the matter through the
University Conduct System, beginning with either an initial review or a
conduct meeting.
- Initial Review. The assigned conduct
officer/board reviews the report, notifies the student(s) of the report,
gathers relevant information, and interviews any witnesses. The conduct
officer/board may elect not to interview a witness who does not have
first-hand knowledge of the incident, presents information that is deemed
to be unnecessary for the deliberation process, or presents information
about the involved student's character. After the conduct officer/board
has gathered all relevant information, the conduct officer/board conducts
a meeting or refers the case to another conduct officer/board.
- Conduct Meeting. The assigned conduct officer/board will notify
the student in writing at least three (3) business days in advance and
will provide notification of the alleged violations, and a time, place and
location for the conduct meeting. The conduct meeting is closed to the
public and only the student and the conduct officer/board may be present.
The purpose of the meeting is to provide the student an opportunity to
respond to the allegations. The student will be given the opportunity to accept
responsibility for the violations or to challenge the information
presented and provide new information in response thereto. The conduct
officer/board shall determine whether sufficient information has been
obtained or if there will be the need for follow-up meetings with the
student or other witnesses.
- Burden and Standard of Proof. The student
responding to the reported allegation is presumed not to have violated the
Student Conduct Code. The standard for determining a violation of the
Student Conduct Code is "more likely than not".
- Deliberation. The conduct officer/board shall
deliberate in private. Sanctioning for a Student Conduct Code violation is
based upon the nature of the determined violation and any previous
violations of the Student Conduct Code.
- Notice of Outcome. The conduct officer/board
shall notify the student of the conduct meeting outcome in writing no
later than five (5) business days after the meeting. If the student is
found responsible, the conduct officer/board must notify the student of
the option to file a request for appeal. (See "Appeal Process"
for further explanation.)