Student Conduct, University Standards, Policies and Procedures

As a Jesuit institution, USF is committed to being a community that facilitates the holistic development of its members.

In keeping with this commitment, this Statement of Responsibilities, the 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.

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, others, the law, and University policies and procedures.

All members of the USF community, whether they live on or off-campus, are expected to conduct themselves in a manner that is consistent with the goals, policies and procedures of the institution. All students are subject to the University Disciplinary process for behavior occurring on or off campus that is fundamentally incompatible with the University, its community or its educational mission.

Academic Honor Code

Click here to view a .pdf version of the Academic Honor CodeI. Purpose

As a Jesuit institution committed to cura personalis—the care and education of the whole person—USF has an obligation to embody and foster the values of honesty and integrity. USF upholds the standards of honesty and integrity from all members of the academic community.

This Honor Code applies to all students (undergraduate and graduate) in the College of Arts and Sciences, the School of Management and the School of Nursing and Health Professions. Faculty and students in the School of Education and the School of Law should consult their own schools for proper procedures. Students enrolled in distance learning (online courses) are subject to these policies as well as supplemental policies set forth by their program.

II. The Honor Pledge

All USF students will uphold the Honor Code by adhering to the core values of the university and supporting its mission to guide their academic careers and educational experiences.

USF Academic Honor Pledge

I pledge to demonstrate the core values of the University of San Francisco by upholding the standards of honesty and integrity, excellence in my academic work, and respect for others in my educational experiences, including supporting USF’s mission.

III. Standards of Conduct

Adherence to standards of honesty and integrity precludes engaging in, causing, or knowingly benefiting from any violation of academic integrity. Without regard to purpose, the following violations are prohibited.

A. Cheating

Cheating is the use or attempted use of unauthorized materials, information, and study aids, as well as unauthorized collaboration on examinations and other academic exercises. It is the responsibility of students to consult with their professors concerning what constitutes permissible collaboration. Cheating or helping others cheat is academic fraud.

B. Plagiarism

Plagiarism is the act of presenting, as one’s own the ideas or writings of another; plagiarism, in any of its forms, violates academic integrity. While different academic disciplines have different norms of attribution, all strive to recognize and value individuals’ contributions to the larger body of knowledge. It is the responsibility of students to consult with their professors in order to understand the norms of attribution in each discipline and area of study.

C. False Citations

False citation is attribution to an incorrect or fabricated source; false citation is academic fraud. False citation seriously undermines the integrity of the academic enterprise.

D. Submitting the Same Work for Multiple Assignments

Students may not submit work (in identical or similar form) for multiple assignments without the prior, explicit approval of all faculty to whom the work will be submitted. This includes work first produced at USF or at another institution attended by the student.

E. Submitting False Data

False data is information that has been fabricated, altered, or contrived in such a way as to be misleading; the submission of false data is academic fraud.

F. Falsifying Academic Documentation

Forging or altering academic documentation (including transcripts, signatures, letters of recommendation, certificates of enrollment or standing, registration forms, and medical certifications) concerning oneself or others is academic fraud.

G. Abuse of Library Privileges

Depriving others of equal access to library materials constitutes a violation of academic integrity. This includes sequestering library materials for the use of an individual or group, refusal to respond to recall notices, and the removal or attempt to remove library materials from any University library without authorization.

H. Abuse of Shared Electronic Media

Depriving others of equal access to shared electronic media used for academic purposes constitutes a violation of academic integrity. This includes actions that result in the damage or sabotage of campus computer systems.

IV. Academic Honesty Committee: Role and Membership

The Academic Honesty Committee is responsible for oversight of the Honor Code and shall investigate alleged Honor Code violations, and resolve and award sanctions when appropriate. The Academic Honesty Committee does not have the authority to change a student’s grade.

The Academic Honesty Committee is a representative group of faculty, students, and administrators from the College of Arts and Sciences, the School of Business and Professional Studies, the School of Education, and the School of Nursing. Ordinarily, members include: three faculty from the College of Arts and Sciences, one faculty from the Schools of Business and Professional Studies, Education, and Nursing, two undergraduate students, and one graduate student. The University of San Francisco Faculty Association (USFFA) and the Provost Council jointly appoint the faculty and administrative members. The ASUSF and the Provost’s Council select the student representatives.

The Chairperson is appointed by the Provost for a term of two years and is a non-voting member unless the members are evenly split on a decision regarding an Honor Code violation. Other members serve for a minimum of two years; ideally members from the same department serve staggered terms. Academic Honesty Committee members administer the Honor Code and educate students, staff, faculty, and administrators about their academic responsibilities. Scheduling problems and other circumstances may alter committee makeup and length of terms.

A staff person in the Office of the Provost keeps all written or recorded information related to the business of the Academic Honesty Committee on a password protected server.

V. Possible Violations of the Honor Code

If a faculty member suspects that a student has violated the Honor Code, the faculty member notifies the student to give him/her an opportunity to respond to the allegation. If the faculty member concludes that a violation has occurred, s/he may do any or all of the following: issue a warning, lower the grade, assign a failing grade. The faculty member is encouraged to report the incident to the Academic Honesty Committee at academichonesty@usfca.edu If a student challenges the allegation of violation of the Honor Code, s/he may refer the matter to the Academic Honesty Committee.

If a member of the University Community (faculty member, staff, administrator or student) believes that a student has violated the Honor Code, s/he may notify the Academic Honesty Committee at academichonesty@usfca.edu

When a sanction has been imposed by the faculty member for an Honor Code violation and referred to the Academic Honesty Committee, the student's name will be placed in a password protected Academic Honesty database maintained in the Office of Student Conduct, Rights and Responsibilities in University Life. This database will assist in identifying students who may repeatedly violate the Honor Code. Those students who repeatedly violate the Honor Code will be forwarded to the Academic Honesty Committee for further action.

Information related to violations of the Honor Code will be kept for up to seven (7) years in a secure, confidential file in the appropriate Associate Dean’s office.

When a violation is reported to the Academic Honesty Committee, the process that follows occurs in the following stages: A) Referral, B) Investigation, C) Resolution, D) and Sanction.

A. Referral

Any serious or repeat violation of the Honor Code or unsuccessful resolution by an instructor is referred to the Academic Honesty Committee. The referring individual submits a signed written report to the Academic Honesty Committee, which describes the incident in detail. The Chairperson of the Academic Honesty Committee will contact the alleged violator and referring individual to discuss the alleged violation and the process and procedure for investigation, resolution and imposition of a sanction, if appropriate.

B. Investigation

When an alleged violation is referred to the Academic Honesty Committee, the Chairperson of the Academic Honesty Committee may investigate the allegation or appoint, as appropriate, two committee members (a faculty/administrator and a student) to investigate the allegations and report their findings to the Academic Honesty Committee.

i. Making reasonable efforts to interview the student(s), the complainant(s) and the potential witnesses, the investigators gather information relating to the alleged violation. Investigations are expected to take no longer than two weeks from the time of the initial referral, at which time a written report is submitted to the Academic Honesty Committee. If the investigators differ in their conclusions, separate reports may be submitted.

ii. If the Academic Honesty Committee determines that there is insufficient evidence, the report of the violation will be dismissed and the outcome reported to the student, the reporting individual, and the Associate Dean of the student’s school or college.

iii. If the Academic Honesty Committee determines that there is sufficient evidence of a violation, resolution will follow.

C. Resolution

In preparation for the hearing:

The Academic Honesty Committee Chair will schedule a hearing, to be held at least 15 working days from the time of the Academic Honesty Committee’s determination to pursue a violation. The student(s) will be notified in writing of the hearing date and the alleged violation(s). The letter to the student(s) shall include:

A copy of the Honor Code;
A summary of the allegations;
A list of expected witnesses and evidence;
The date, time, place of the hearing;
The names of the Academic Honesty Committee members; and
The rights of the student.

i. The Academic Honesty Committee Chair prepares all materials to be considered at the hearing and makes them available to the student charged with academic dishonesty, the person making the charge, and the Academic Honesty Committee at least five (5) working days before the hearing.

ii. Evidence that the student wishes to submit in response to the allegations must be submitted to the Academic Honesty Committee Chair for distribution at least 48 hours before the hearing; it is at the discretion of the Academic Honesty Committee to consider any evidence submitted after that time.

Rights of charged student at the hearing include:

i. To be allowed reasonable time to prepare for the hearing (no less than 10 working days after being notified of the hearing date).

ii. To select a support person to be present as an observer during the hearing; legal counsel is not permitted.

iii. To be present at the hearing. The charged student may waive his/her right to attend in which case the hearing may proceed without the student.

iv. To present evidence or witnesses. The charged student must inform Academic Honesty Committee regarding requests for witnesses at least 5 working days before the scheduled hearing. The student is responsible for notifying his/her witness(es) of the hearing date, time, and location.

v. To waive any rights associated with the hearing as provided by the Honor Code.

vi. To receive a written report from the Academic Honesty Committee.

Hearing Procedures guidelines:

i. There must be a quorum of Academic Honesty Committee members present, a minimum of 2/3 or 6 of its 9 members.

ii. The Academic Honesty Committee Chairperson or a designee presides over the hearing and determines all procedural matters prior to and during the hearing.

iii. If a student fails to appear at a scheduled hearing, the hearing may be held and the matter resolved without the student present.

iv. The hearing will be closed to the public in all cases.

v. In matters involving multiple students, their cases may be heard in a single hearing. If all students do not consent to a joint hearing, the same Academic Honesty Committee will hear their cases separately.

vi. Any witness, other than the charged student, is present only for his/her testimony.

vii. The Academic Honesty Committee shall decide via secret ballot whether the student is “in violation,” of the Honor Code. A majority of Academic Honesty Committee members must vote “in violation” in order for sanctions to be imposed.

viii. If the Academic Honesty Committee determines the student is “in violation” of the Honor Code it will impose: a letter of censure in the student’s academic file; suspension from the University; or a recommendation to the Provost for dismissal or denial/revocation of a degree.

If the Academic Honesty Committee determines that the student is "not in violation" of the Honor Code, the student may pursue a Grade Appeal if appropriate to the incident.

ix. Once the Academic Honesty Committee reaches a decision, the chairperson of the Academic Honesty Committee will communicate in writing directly to the student, the reporting individual, the Associate Dean of the student’s school or college, and the Provost the outcome of the hearing.

x. The decision of the Academic Honesty Committee is final and binding.

xi. The Academic Honesty Committee prepares a written report, detailing the evidence considered, final decision, and reasons for its decision, which is submitted to the Office of the Provost.

D. Sanctions

i. Letter of Censure

These guidelines will be used, without regard to mitigating or exacerbating circumstances, by the Academic Honesty Committee to determine the sanction that is most appropriate for the violation committed. Sanctions will be based on the severity of the violation. For offenses not expressly addressed in these guidelines, the Academic Honesty Committee should consider the general principles they convey.

A Letter of Censure is the least severe sanction recommended by the Academic Honesty Committee to the student’s Dean. It describes the Honor Code violation and is placed in the student’s academic file, which is retained in the Registrar’s Office. The letter is kept there until graduation, at which time it is destroyed.

Offenses for which a Letter of Censure is an appropriate sanction are often characterized by a combination of deceit, ignorance, and confusion on the part of the accused. Examples of when a Letter of Censure is appropriate include, but are not limited to:

Submitting the same paper written by the student, or portions thereof, in multiple courses without permission or attribution;
Collaboration on an assignment where collaboration was not allowed;
Including false or improper citations in the assignment.

ii. Suspension

Suspension is the intermediate level sanction recommended by the Academic Honesty Committee to the student’s Dean. Suspension will typically be imposed for one semester, but may be imposed for two semesters. Suspension is noted on the student’s transcript at the end of the semester’s entries in which the violation occurred: “Suspension: Violation of Honor Code.”

Offenses for which Suspension is an appropriate sanctions are extensive, grave and/or serious first-time violations, or for a repeat violation of a lesser offense. Examples of offenses in which Suspension is the appropriate sanction include, but are not limited to:

Complete or partial plagiarism on a paper;
Cheating on a test;
Unauthorized collaboration on a project;
Altering a graded assignment for regrading.

iii. Dismissal from the University or Revocation of a Degree

Dismissal from the University or revocation of a degree is the most severe sanction recommended by the Academic Honesty Committee to the student’s Dean and the Provost. Dismissal is noted on the student’s transcript at the end of the semester’s entries in which the violation occurred: “Dismissal: Violation of Honor Code.” If a student has already received a degree from the University, the President or Provost of the University may revoke the degree. The sanction will be entered permanently on the student’s record.

Dismissal from the University or revocation of a degree is appropriate for serious, grave, and/or extensive first-time or repeat offenses such as altering one’s academic transcript. It is also reserved for situations in which efforts to educate the student on the importance of academic integrity and to reform his/her behavior have not worked, and the Academic Honesty Committee believes it is appropriate to permanently remove the student from the University. Dismissal is also appropriate if a student has previously committed one or more Honor Code violations with suspension and has committed another violation after return from suspension.

Procedure for Appeal Process for Change of Course Grade

The Appeal Process for Change of Course Grade applies to students and both full-time and part-time faculty members in all schools and colleges except the School of Law. Language specific to the USFFA contract is noted as appropriate. Procedural differences for students and faculty members in the College of Professional Studies are also noted as appropriate.

When a student believes that his or her final grade for a course was unfair, the student may use the process described herein to seek resolution of the matter. The burden of proving a claim of an unfair grade (e.g. discrimination, unjust treatment, or errors in calculation) rests with the student. Grades are awarded or changed only by the course instructor or through this appeals process. An appealed grade may be raised or lowered during the course of this appeals process. The parties should make every effort to achieve consensus and to resolve conflicts at the lowest level and as quickly as possible, especially in cases where a student's timely academic progress is in jeopardy.

The student must direct an appeal in writing to the course instructor involved within the first 30 days of the next semester for the Fall and Spring semesters or 30 days after the grade is available online for Intersession or Summer Session. The appeal must include presentation of whatever evidence of unfair evaluation the student believes is relevant. Once the time limit has expired, an appeal will not be taken forward unless the student could not reasonably have known about the alleged injustice within that time; in that case the student must appeal within 30 days of discovering the alleged injustice. It is the responsibility of all parties to make every effort to resolve their differences between themselves and informally.

If at any stage of the grade appeal process an allegation of academic dishonesty becomes known for the first time, this Grade Appeal Process shall be suspended and the case referred to the Academic Honesty Hearing Committee. The Academic Honesty Hearing Committee will make a written report of its findings to the parties involved. If the Academic Honesty Hearing Committee finds the student not guilty of academic dishonesty, the student shall then have the right to decide whether or not to return to the Appeal Process for Change of Grade. If the Academic Honesty Hearing Committee finds the student guilty of academic dishonesty, then the instructor's grade will stand and the student will not have the right to return to the Appeal Process for Change of Grade. The Academic Honesty Hearing Committee does not have the authority to alter a student's grade and should not consider in any way the merits of the grade itself; the only questions are whether academic dishonesty did occur, and if so, what the appropriate sanction(s) should be.

At any stage, any of the parties may invite the University Ombudsperson to help facilitate an agreement.

Dean Consultation Process
The parties may decide to expedite the appeal procedure by consulting the dean (in the school or college within which the course resides) for an informal resolution. If they decide to consult the dean, the dean's decision may not be appealed through the formal process but shall be final and binding. If the student and faculty member cannot resolve the matter between themselves within 30 days and do not agree to consult the dean, the student may appeal through the formal process below. If the faculty member is absent from campus or otherwise unavailable during the 30 days, then the student may proceed directly to the formal process below.

Grade Appeal Committee Process
Adherence to the time requirements listed below in the formal process are the responsibility of the faculty member and the student. If the student does not adhere to them, then the instructor's grade will stand. If the faculty member does not adhere to them, then the student may appeal to the dean of the college in which the course was offered to expedite the process. If the faculty member still fails to respond in a timely manner the student may proceed with the appeal directly to the appropriate dean or to Step Two of the Committee Process. This choice will be at the student's discretion.

STEP ONE: (Note: Professional Studies students studying at Regional Campuses may move directly to Step Two if full-time faculty members are not available.)

The first step in the Committee Process is for the student and instructor mutually to select another full-time faculty member within the same school or college as the course instructor. This mutually selected faculty member (the third-party faculty member) shall examine all relevant evidence presented by the two parties and make a recommendation. The third-party faculty member shall be chosen within two weeks after the appeal is presented and shall render a recommendation within one week after examining the evidence. Upon request by the student, time limits may be extended in order to accommodate the Intersession or Summer Session calendars.

If the student and the course instructor cannot agree on a third-party faculty member or cannot or do not choose a third-party faculty member, then the chair of the department or the faculty coordinator of the program involved shall make this selection. If the course instructor is also the chair or coordinator and cannot agree with the student on a suitable third-party faculty member, the student may move directly to Step Two.

In addition to the third-party faculty member, a qualified student (i.e., any undergraduate or graduate student in good academic standing, with at least a 3.0 GPA, within the college in which the appeal is being processed) may be selected, at the sole discretion of the student who has appealed, to assist the student in any appropriate manner, whether as an advocate, another mediator, or an observer.

The third-party faculty member shall make his or her written recommendation to the student and instructor simultaneously. The objective shall be to reach consensus based on the third-party faculty member's recommendation.

The third-party faculty member shall complete a Step One Grade Appeal Form available in the deans' offices stating the basis of the claim, the recommendation he or she has made, and whether the parties have accepted the recommendation. This form shall be placed in the student's official University record at the conclusion of the appeals process, with copies given to both the student and involved instructor.

STEP TWO: If no consensus is reached at Step One, the student may appeal within one week to the full-time faculty in the department or program in which the course was offered by notifying the department/area chair, program director or coordinator. Notification must be in writing, including supporting materials. As necessary, the department/area chair, program director or coordinator may select additional faculty to make the necessary quorum of three full-time faculty. The faculty members shall consider an appeal within 20 working days after receiving the student's written request. These faculty members shall constitute the Course Grade Appeal Committee and shall hold a hearing on the appeal where both the course instructor and student involved are present. In the hearing, the faculty members shall not be bound by formal rules of courtroom evidence. The basic standard for admission of evidence shall be due process and fairness to the student and the faculty member. The student may be accompanied by an advisor of his or her choosing. The role of the advisor is limited to assistance and support to the student in presenting his or her case. The advisor is not allowed to actively participate in the hearing, which includes speaking for the student. After hearing the relevant evidence, the faculty members shall deliberate and reach a decision, which shall be final and binding. (The course instructor and student involved shall not be present during the deliberations and vote.)

A change of grade requires at least a two-thirds vote of those present and voting. Absent such a two-thirds vote the original grade shall stand.

The department/area chair, program director or coordinator shall note the final resolution of the appeal on the Step Two Grade Appeal Form and send copies to the University Registrar's office, the office of the dean of the college or school in which the course resides, the student, and the course instructor involved.

Student Conduct Code

All members of the USF community have a strong responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all and where the rights and well-being of all members of the community are protected. To this end, certain basic regulations and policies have been developed to govern the conduct of all students as members of the University community.

The University reserves the right to review student conduct that occurs on and off campus when such behavior is inconsistent with these expectations and the Student Conduct Code. In addition, students are responsible for the actions of their guests and will be held accountable for any violations of University standards, policies and procedures by a guest. Students should accompany their guests at all times while on campus. If necessary, the University reserves the right to limit the guest privileges of a student.

The following acts will subject students to disciplinary action:

1. Acts of dishonesty, including but not limited to the following:
a. Furnishing false information to the University, any University official, faculty member, or office
b. Forgery, alteration, or misuse of any University records, permits, documents, communication equipment, or identification cards and government issued documents

2. Conduct that endangers the physical or psychological well-being of any person including but not limited to the following:
a. Physical abuse
b. Verbal abuse
c. Threats
d. Intimidation
e. Harassment
f. Coercion
g. Harm to self
h. Hazing (Reference Hazing Policy for more information)

3. Attempted or actual theft of property on or off campus

4. Destruction, damage, or misuse of University property or the property of any other person or group

5. Degrading language or actions, including stalking, or any practice by a group or individual that degrades a student or University community member, endangers health, jeopardizes personal safety, or interferes with an employee’s duties or with a student’s class attendance or educational pursuits

6. Nonconsensual physical contact of a sexual nature

7. Failure to comply with directions of University officials (including Resident Advisors) or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so; refusal or failure to leave premises because of conduct prescribed by this code

8. Violation of any University standard, policy or procedure, including Residence Life policies listed in the Residence Life section of this handbook

9. Conduct in which a student is detained, arrested, cited, or otherwise charged with violations of local, state, or federal laws

10. Use, possession, manufacturing, or distribution of drugs or equipment, products or material used in manufacturing, growing, using, or distributing of any drug or controlled substance (Please refer to the University’s Drug Free Policy for more information)

11. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by University regulations, refer to the University’s Drug Free Policy), public intoxication; alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age

12. Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments on University premises or use of any such item (This includes but is not limited to BB guns, Airsoft guns, Mace, switchblades and the like)

13. Unauthorized entry into or use or defacement of University facilities, including residence halls and other buildings and grounds, including roofs, ledges, balconies; unauthorized erection or use on University property of any structures including but not limited to tents, huts, gazebos, shelters, platforms, and public address systems

14. Launching, dropping, throwing or dumping any object or substance from within or on a University structure or property

15. Lewd or indecent conduct

16. Aiding, abetting, or procuring another person to violate any provision of the Student Conduct Code

17. Disorderly Conduct including but not limited to:
a. excessive or prolonged noise
b. behavior that interferes with the orderly functioning of the University
c. behavior that interferes with an individual’s pursuit of an education on University premises or during an authorized University class, field trip, seminar, competition or other meeting, or University-related activity

18. Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person

19. Any violation of the University Technology Resources Appropriate Use Policy

20. Abuse of the Student Conduct System, including but not limited to:
a. Failure to obey the notice from a student conduct officer/board or University official to appear for a meeting or hearing as part of the Student Conduct System
b. Falsification, distortion, or misrepresentation of information before a student conduct officer/board
c. Disruption or interference with the orderly conduct of a student conduct proceeding
d. Institution of a student conduct code proceeding in bad faith
e. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system
f. Attempting to influence the impartiality of a student conduct officer/board prior to, and/or during the course of, the student conduct proceeding
g. Harassment (verbal or physical) and/or intimidation of a student conduct officer/board prior to, during, and/or after a student conduct proceeding
h. Failure to comply with the sanction(s) imposed under the Student Conduct Code
i. Influencing or attempting to influence another person to commit an abuse of the student conduct code system

Acts of Intolerance

The following section was created to provide students with information about options in addressing acts of intolerance they may directly experience or observe others experiencing. An act of intolerance is an action by an individual or group that fosters hatred or prejudice because of another’s ethnicity, religion, ancestry, national origin, gender, age, sexual orientation, gender identity, marital status, medical condition or disability. Although these incidents may not fit the legal definition of a crime, they often result in feeling belittled, threatened or intimidated. USF’s commitment to advancing diversity is incorporated into our daily life at the University through consistent attempts by faculty, staff and students to prevent harmful behavior. Acts of intolerance can be subtle or direct, as noted in the following examples:
•   A student’s residence hall room door is defaced with graphic words about his/her presumed sexual orientation or racist graffiti is written on sidewalks and entrances to campus buildings.
•   Disparaging remarks are made during a classroom discussion, at an extracurricular activity, or in the residence halls. For instance, a guest lecturer makes a “joke” about Jews being good with money or a demeaning comment about women such as, “Women don’t belong in higher education.”
•   Flyers posted by a student organization are defaced with comments about the nature of the event or the purpose of the group. For example, flyers advertising a meeting or organization may be covered with slurs that serve to demean a group’s membership based on its national origin.

Preventing Acts of Intolerance
A single act of intolerance can erode our sense of community. We must all take responsibility for speaking out against hatred and prejudice and for helping to prevent such occurrences. If you should witness or hear about an incident on campus, we encourage you to take action:
•   Speak up and let others know that we do not accept acts of intolerance in any form. Work together to be part of the solution. Silence may be interpreted as disinterest or even approval.
•   Ask for help and guidance from one of the resources included below.
•   Show your concern for and support of any individual or group that experiences an act of hatred or intolerance on campus.

Filing a Report
Any student or community member who observes or is a victim of an act of intolerance can report the incident by contacting the Department of Public Safety (24 hours a day, 7 days a week) at (415) 422-4201 or the Assistant Vice Provost and Associate Dean of Student Development's office on the UC 5th floor (M-F 8:30 am - 5:00pm) at (415) 422-5330.

Resources
Students are encouraged to respond to acts of intolerance whether or not they have been a direct victim; observing or witnessing an incident is reason enough to speak out. If you are uncertain what you would like to do or what your options are staff at Counseling and Psychological Services (422-6352); the Executive Director of University Ministry (422-4463); and the Ombudsperson (422-2761) can assist and offer confidential support in the following ways:
•   Mediating differences between the victim and alleged offender in a safe environment.
•   Providing advice on response options to seek redress under University policy.
•   Providing psychological support through free, confidential, on-campus counseling.
•   Providing referral to outside resources.
•   Arranging an educational response (training, presentation, article in the Foghorn).

Other Helpful, Nonconfidential Resources
If you would like to initiate a formal process, other offices can provide assistance, but cannot assure confidentiality since they are legally bound to report certain incidents.

For issues related to staff, contact:
•   Human Resources—(415) 422-6707

For student to student issues, contact:
•   Residence Life—(415) 422-6824
•    Student Life—(415) 422-5330—Assistant Vice Provost and Associate Dean of Student Development
•   Health Promotion Services—(415) 422-5797
•   Public Safety—(415) 422-4222

For issues related to faculty, contact:
•   Deans’ offices in the appropriate school

Alcohol and Drug Policies

Each and every member of the University of San Francisco community has the right and responsibility to pursue his or her academic endeavors in a safe, effective, drug-free environment. The USF Alcohol Policy adheres to Federal and State laws regarding the purchase, sale and consumption of alcohol. Students, staff and faculty work collaboratively in developing educational programs that will encourage responsible adult behavior. The practice of students accepting responsibility for compliance with federal and state laws with USF’s Alcohol and Drug Policies nurtures adult behavior. Accordingly, each person must assume full personal responsibility and accountability for any of their behavior or the behavior of their guests that violate any University policy. Being under the influence of alcohol is not permissible as an excuse for unlawful behavior or misconduct. Students who violate the provisions of the alcohol or drug policies may be subject to suspension or expulsion.

A. Alcohol Policies

Alcoholic beverages may not be purchased by student organizations with University funds. Additionally, alcohol shall not be permitted at any student sponsored event held on campus. The University food service provider will not provide alcohol to a student organization hosting an event on campus.

The following conduct as it relates to alcohol is prohibited on University premises or at University-sanctioned events, wherever they may occur. The same conduct though occurring off University premises and not at University events may nonetheless be subject to University sanctions when it adversely affects the University, its educational mission or its community and may result in the initiation of disciplinary action in accordance with the University Conduct and Disciplinary Procedures:
• Underage possession and/or consumption of alcohol.
• Possession of an open container of alcohol in public. Public areas include common areas in the residence halls and condo buildings, unit balconies or patios, public balconies or patios, courtyards, hallways, parking lots, sidewalks and streets.
• Hosting, organization of, or participation in a student group event where alcohol is being unlawfully consumed.
• Furnishing alcohol to those under the age of 21.
• Intoxication (regardless of age).

Students hosting guests are responsible for their guests’ adherence to University alcohol policy.

B. Alcohol Policies for Students living in University-operated Housing
• Alcoholic beverages may only be consumed by residents and their guests who are 21 years of age or older, in the privacy of their residence hall living unit with the door closed and in an atmosphere which does not foster excessive consumption or create significant noise or other disturbances.
• Students hosting guests, (including other USF students and non-USF guests) are responsible for their guests’ adherence to the policy.
• Any person under the age of 21 who is in possession of alcohol or is in a room where alcohol is present will be assumed to have been consuming alcohol, as it is difficult to determine who was drinking and who was not.
• Possession and/or consumption of alcoholic beverages in public areas are prohibited. Public areas are all areas other than individual living spaces. Rooms with open doors, rooms with closed doors to which public attention is attracted by excessive noise, hallways, lounges, restrooms, and outdoor areas are considered public areas.
• No kegs, beer bongs, or other equipment for the sole use of consuming alcohol will be allowed in the residence halls or apartments.
• Empty alcohol containers and/or packaging within a student’s room will be considered the property of the student.
• Construction and/or use of drinking game playing surfaces (e.g. beer pong tables) are prohibited.
• Intoxication (regardless of age).

Medical Amnesty/Good Samaritan Policy
Students at the University of San Francisco may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. The University seeks to remove this barrier that might prevent students from seeking the medical attention they need. In order to promote an ethic of shared responsibility and community support, USF encourages students to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or drug use.

Students who seek medical assistance for themselves (Medical Amnesty) or seek help for another student (Good Samaritan) due to intoxication of alcohol and/or drugs will be exempted from the standard disciplinary processes outlined in the Fogcutter Student Handbook. Instead, students who have made the effort to seek help for themselves or other student(s) will have the opportunity to meet with a staff member from the Division of Student Life for follow-up and a general wellness check-in, without receiving disciplinary actions.

This policy only applies to a student’s first alcohol and/or drug policy violation for which they are documented; it does not apply to other violations of the Student Conduct Code or University policies that may have been occurred during the incident. Any student who abuses the Medical Amnesty or Good Samaritan policies will be subject to disciplinary action for interfering with the orderly functioning of the University. Criminal investigations and other police action may still proceed at the discretion of the responding law enforcement agency. In some instances, Public Safety may be bound by law to report the incident to local law enforcement agencies.

DRUG POLICIES

A. Drug-Free Workplace Compliance
USF complies with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Campuses Act Final Regulations of 1990. The University has a standard of conduct that prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or a part of University activities. The University will impose disciplinary sanctions on students and employees ranging from educational and rehabilitation efforts up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.

B. Medical Marijuana Policy
The University of San Francisco does not permit the use of marijuana for any purpose on university property even if the use meets the qualifications of the California Compassionate Use Act, Proposition 215. Therefore, even students who qualify under Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, provide, or use the marijuana on University-owned or controlled property (including but not limited to residence halls, academic buildings, athletic facilities, and parking lots), or during a University-sanctioned activity regardless of the location.

C. Drug Violations for Students
The following conduct as it relates to drugs is prohibited on University premises or at University-sanctioned events, wherever they may occur. The same conduct, though occurring off University premises and not at University events, may nonetheless be subject to University sanctions when it adversely affects the University, its educational mission or its community and may result in the initiation of disciplinary action in accordance with the University Conduct and Disciplinary Procedures:
• Unauthorized possession, consumption, sale, distribution, or manufacture of any controlled substance, illegal drug, and/or drug paraphernalia
• Being present while others are using or are in possession of illegal drugs
• The attempted sale, distribution, or manufacture of any controlled substance, illegal drug, and/or drug paraphernalia on University property or at official University functions
• Use or possession of equipment, products, or material that is used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance, including but not limited to bongs, pipes, vaporizers, grinders, scales, etc.
• The medically unsupervised use of drugs that may involve medical or psychological hazards to individuals on University property or at official University functions that is unlawful or otherwise prohibited, limited, or restricted by University policies or regulations, or may lead to interference with the rights and privileges of others

Students hosting guests are responsible for their guests’ adherence to University drug policy.

Federal and State Law – Legal Sanctions

The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or alcohol are regulated by a number of federal, state and local laws. These laws impose legal sanctions for both misdemeanor and felony convictions. Criminal penalties for convictions can range from fines and probation to denial or revocation of federal benefits (such as student loans) to imprisonment and forfeiture of personal and real property. Following is a list of some of the laws pertaining to the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol. The information provided below is illustrative, not exhaustive.

Generally, it is a criminal offense:
• To illegally manufacture, sell, distribute, or possess controlled substances (those listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)) (21 U.S.C. 828, 841, 844, 859, 860);
• To unlawfully possess or possess for sale controlled substances (those listed in Cal. Health & Safety Code 11054, 11055, 11056, 11057, 11058);
• To possess, cultivate, sell or possess for sale marijuana ( );
• To use or be under the influence of a controlled substance (Cal. Health & Safety Code 11550);
• To transport, sell, or distribute marijuana to a minor or to use a minor to transport, sell, or distribute marijuana (Cal. Health & Safety Code 11361);
• To possess, furnish or manufacture drug paraphernalia (Cal. Health & Safety Code 11362, et seq.)
• To provide any alcoholic beverage to a person under 21 or to any obviously intoxicated person (Cal. Bus. & Prof. Code 25658; 25602);
• To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others (Cal. Penal Code 647(f));
• For persons under 21 to have any container of alcohol in any public place or any place open to the public (Cal. Bus. & Prof. Code 25662);
• To operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher (Cal. Veh. Code 23152);
• For any person under the age of 21 to operate a motor vehicle with a blood alcohol level of .05% or higher (Cal. Veh. Code 23140);
• To have an open container of alcohol in a motor vehicle and for persons under 21 to drive a vehicle carrying alcohol or to possess alcohol while in a motor vehicle (Cal. Veh. Code 23223; 23224);
• To have in one’s possession or to use false evidence of age and identity to purchase alcohol (Cal. Bus. & Prof. Code 25661);
• For any person under age 21 to purchase alcohol (Cal. Bus. & Prof. Code 25658.5).

Behavioral and Educational Programs

The University of San Francisco provides programming about substance abuse for students through Health Promotion Services, the Office of Residence Life, Counseling and Psychological Services, Public Safety, and the Division of Student Life office.
For students, the University offers ongoing alcohol screening and education; confidential evaluations; referrals to 12-step and other recovery groups; counseling groups; in-service training; and outreach programs. Students should contact Counseling and Psychological Services or Health Promotion Services for referrals.

Alcohol
Short Term: affects moods, dulls the senses and impairs coordination, memory, reflexes, judgment, behavioral changes, self-destructive urges, irritation of the esophagus and stomach (nausea), death
Long Term: central nervous system damage, memory loss, cancer of the mouth, stomach ulcers, inflammation/cancer of the liver, high blood pressure, irregular heart beat, angina, heart attack, malnutrition

Amphetamines (speed, meth, ice, dex, Ritalin, uppers)
Short Term: increased breathing and heart rate, high blood pressure, increased alertness and energy, impaired judgment, impulsiveness, death
Long Term: severe anxiety, chronic sleeplessness, malnutrition, heart problems, agitation

Cocaine (coke, nose, rock, blow, crack)
Short Term: anxiety, delusions, headache, nausea, impaired judgment, death
Long Term: loss of appetite, dehydration, constipation, impotence, nose and nostril damage, heart problems, psychosis

Designer Drugs (MDMA, X, ecstasy, cat, AMF, TMF, MPPP)
Short Term: euphoria, dizziness, nausea, sweating, increased blood pressure, extreme wakefulness, hyperactivity, loss of appetite, death
Long Term: aggression, depression, mood and sleep changes

Hallucinogens (LSD, acid, shrooms, special K)
Short Term: impaired coordination, increased heart rate and temperature, nausea, detachment, fatigue, hallucinations, paranoia, mental confusion
Long Term: generally unknown, flashbacks, depression

Inhalants (nitrous oxide, whip-its, paint, glue)
Short Term: irregular heart rate, depressed respiratory rate, nose and eye irritation, nausea, vomiting, spasms, headache, suffocations, death
Long Term: brain damage, tremors, poor coordination, speech problems, lung, liver and kidney damage, chromosomal abnormalities

Marijuana (Pot, weed, dope, ganja, chronic, purp, grapes)
Short Term: reddening of eyes, dry mouth, increased heart rate and body temperature, hunger, dizziness, drowsiness
Long Term: upper respiratory problems, lung damage, lower immune system responses, memory loss, concentration impairment

Opiates (Heroin, smack, morphine, black tar)
Short Term: pain relief, mental confusion, drowsiness, nausea, constipation, muscle constriction, low blood pressure and heart rate, respiratory arrest, death
Long Term: chronic constipation, vision impairments, hallucinations

Sedatives (Blues, roofies, GHB, seconal, reds, barbs)
Short Term: dizziness, lethargy, drowsiness, lack of coordination, nausea, death
Long Term: chronic fatigue, vertigo, reduced sex drive, visual disturbances

Tobacco
Short Term: increased heart rate and blood pressure, adrenaline production, muscle relaxation, relief of tobacco withdrawal
Long Term: lung problems, chronic cough, blockage of blood vessels, chronic respiratory infections and problems, reduced fertility, death

Biennial Review
The biennial review will be conducted by the University to determine the policy’s effectiveness and implement changes to the program(s) if they are needed, and to ensure that the sanctions outlined in the policy are consistently applied.

Communication Off-Campus Policy

Any printed or electronic communication by students that utilizes University letterhead or contains the University logo must have written approval prior to use. Content of this communication must be approved by the appropriate director or dean of the responsible department or division, and use of the USF logo must be approved by Dale Johnston, Director of University Identity, at (415) 422-2691.

Community Relations Policy

POLICY STATEMENT
USF is located within an urban environment. The campus is surrounded by several residential neighborhoods. Guidelines for off-campus conduct have been established in order to uphold standards of behavior that should be demonstrated by USF students when they are present in the surrounding neighborhoods. The University encourages its students to behave as exemplary citizens when present in the surrounding neighborhoods and to demonstrate respect and concern for all members of the local community.

STUDENT CONDUCT EXPECTATIONS
Students are expected to demonstrate respect for all members of the local community regardless of their place of residence. The following are guidelines for all USF students:

1.   Be respectful to local community residents. Prohibited behavior includes but is not limited to: littering, loitering, destruction/trespassing of private property, public urinating, public nudity, using rude or abusive language.
2.   Operate stereos or other electronic equipment at reasonable sound levels, especially late at night or early in the morning.
3.   Maintain an orderly residence. Examples of a disorderly residence include, but are not limited to: violating drug and alcohol laws, hosting parties where there is public drunkenness, excessive noise, or other behavior in disregard of the rights of others, violating the sexual assault or sexual harassment guidelines as defined in the Fogcutter Student Handbook.

In all cases involving student misconduct off-campus, the University reserves the right to exercise disciplinary action. Students or organizations found responsible for violating these regulations will be subject to the same sanctions imposed for on-campus violations.

Designated Campus Smoking Area Policy

POLICY STATEMENT
Smoking is no longer permitted anywhere within the boundaries of University-owned or leased property and vehicles with the exception of two designated smoking areas, one on main campus and one on Lone Mountain. After a transition period of two years, these two designated areas will be evaluated as the campus completes the transition toward a smoke free environment. The existing prohibition on the sale and promotion of tobacco products on the campus will continue. The University will make available smoking cessation programs to students, staff, and faculty to facilitate the transition to a smoke-free life. You can read the complete policy at http://www.usfca.edu/catalog/policies.html

SMOKING CESSATION RESOURCES
1. Students – Provided by the Health Promotion Services
2. Staff/Faculty – Provided by Well Life Program

Eligibility Policy for Participation in Student Activities

A. The University of San Francisco routinely provides numerous opportunities for currently registered students at the University of San Francisco to serve on University committees and boards, serve in student governance organizations, and participate in programs where they represent the University before the campus community or the larger public. In order to take advantage of these opportunities, students must be:
1. Enrolled in at least 12-units (6-units for graduate and professional students) of credit at the University of San Francisco at the time of election or appointment and maintain this unit requirement throughout his or her term;
2. In good academic standing with the University (e.g., not be on academic probation as defined in the most recent edition of the General Catalog) or, in the case of Intercollegiate Athletes, NCAA-eligible at the time of election or appointment and maintain this standing throughout his or her term; and
3. In good behavioral standing with the University (e.g., not have received a sanction under the University Conduct and Disciplinary Procedure that limits, restricts, or excludes participants in designated privileges or co-curricular activities) at the time of election or appointment and maintain this standard throughout his or her term.

B. Students affected by this policy include but are not limited to the following individuals and groups:
1. Senators and Executive Officers of the Associated Students;
2. Officers, Chairs or Co-Chairs of the Associated Students funded accounts including editors of the undergraduate student media groups such as the Foghorn (Editor-in-Chief and other section editors), Ignatian Literary Magazine, General Manager of KDNZ, General Manager of USFtv, General Manager of ASUSF Graphics Center; and other positions as may be defined by the Student Leadership and Engagement;
3. Orientation Leaders;
4. Resident Advisors in the residence halls, members of the residence hall governance organizations, and other positions defined by the Director of Residence Life;
5. Employees of ASUSF and Student Leadership and Engagement;
6. Members of University-wide committees, boards, and task forces.

C. Nothing in the above shall prohibit any department, division, or student organization in the University from setting higher standards.

Equal Opportunity and Non-Discrimination

The University is an equal opportunity institution of higher education. As a matter of policy, the University does not discriminate in employment, educational services and academic programs on the basis of an individual’s race, color, religion, religious creed, ancestry, national origin, age (except minors), sex, gender identity, sexual orientation, marital status, medical condition (cancer-related and genetic related) and disability, and on other bases prohibited by law. The University reasonably accommodates qualified individuals with disabilities under the law.

Fundraising and Other Noncommercial Activities

A. GENERAL PROVISIONS FOR FUNDRAISING
1. University facilities are not to be used without charge by individual students or student organizations for commercial activities or for personal gain.
    a. Commercial activity is the sale of goods or services or the sponsorship of any program conducted primarily to generate personal income or corporate profit.
    b. Nothing in the above shall prohibit any department, division, or student organization in the University from setting higher standards.

2. Permission for all fundraising activities is extended only to currently registered student organizations or other groups deemed appropriate by Student Leadership and Engagement and is subject to the below regulations:
    a. Fundraising is defined as the sale of products or services, the solicitation of money or contributions, the collection of dues or donations, the charge of admission, and any other means designed to raise funds.
    b. All fundraising activities must be approved by the Director of Student Leadership and Engagement or designee at least five-working days in advance.
         1) The Fundraising Proposal Form, available at Student Leadership and Engagement (University Center 4th Floor), must be completed and submitted at least seven working days prior to the fundraiser event.
         2) Permission shall not be granted for products and services that conflict with institutional values of the University of San Francisco or with the values and theological tenets upon which it is founded. Examples of prohibited products include but are not limited to contraceptives including condoms and pornographic materials.
         3) Permission shall not be granted for the solicitation of credit cards.
         4) Food sales activities must first be apprived by the Director of University Food Services prior to being submitted to SLE.
    c. Pre-established fees for facility use, equipment rental, and other direct costs must be paid in advance.
    d. Funds raised must benefit a registered campus organization, a bona fide charitable organization, or other groups deemed appropriate by Student Leadership and Engagement. No funds may be used for personal gain as defined in Section                    1(A)(2). The University reserves the right to investigate financial records of campus organizations that have been allowed to raise funds on campus to determine if the funds are being used for the purpose for which they were raised.
    e. The publicity for the activity, after the fundraiser has been approved, must include the following information:
         1) Name of sponsoring organization,
         2) Name of the individual or organization benefiting from the activity,
         3) The intended uses of the funds collected at the activity,
         4) A statement of approval, “Approved by Student Leadership and Engagement,” and
         5) A specific disclaimer of University sponsorship or endorsement, “The views presented herein do not necessarily reflect the position of the University of San Francisco.”

3. The commercial promotion, distribution, sale, exposure or offer for sale of any goods, articles, wares, services or other merchandise, whether or not for profit, must first be approved by the Director of Student Leadership and Engagement (for individual students and registered student organizations) and are subject to the following regulations:
    a. Individuals and organizations (including registered student organizations) are subject to the regular facility-use fee when a bona fide charitable individual or organization retains less than 50% of the net profit from the activity.
    b. Permission shall not be granted for products or services that conflict with institutional values of the University of San Francisco or with the values and theological tenets upon which it is founded. Examples of prohibited products and services include but are not limited to contraceptives-including condoms, pornographic materials, and the solicitation of credit cards.

4. Solicitation for corporate sponsorship for any University- sanctioned event or activity by any individual student or student organization must be reviewed and approved by the Director of Student Leadership and Engagement prior to contact with a potential sponsor.
B. GENERAL PROVISIONS FOR OTHER NONCOMMERCIAL ACTIVITY
1. Other noncommercial activity includes the distribution, display, promotion, or exposure of any product or service not intended to raise funds by any on-or off campus- based individual or organization.

2. Individuals and organizations may use University facilities for noncommercial activity when they are in compliance with the following regulations:
    a. All noncommercial activity must be approved in advance by the Director of Student Leadership and Engagement through submission of non commercial activity form for an individual and groups, and off campus vendors. Permission shall not be    granted for the distribution, display, promotion, or exposure of any product or service that conflicts with institutional values of the University of San Francisco or with the values and theological tenets upon which it is founded. Examples of prohibited      products include but are not limited to contraceptives-including condoms and pornographic materials.
    b. Pre-established fees for facility use, equipment rental, and other direct costs must be paid in advance.
    c. The publicity for the activity must include the name of the sponsoring individual or organization and a specific disclaimer of University sponsorship or endorsement.

Hazing Policy

POLICY STATEMENT
The University of San Francisco prohibits hazing both on and off campus. It is not necessary that the act meets the legal definition of hazing in order for the University to consider it a violation of the Student Conduct Code. Students who violate the Student Conduct Code in this manner, in addition to any criminal and/or civil penalties, are subject to University disciplinary action which may include expulsion.

In the Fall of 2006, California Senate Bill 1454, also known as “Matt’s Law” was enacted. This law codifies within California’s penal code the definition of hazing and prescribes misdemeanor penalties for people or organizations that haze and felony penalties for hazing that results in death, great bodily injury, or great psychological injury. The law gives prosecutors the authority to bring charges against any person or organization involved in hazing and allows a person against whom hazing is directed to bring civil action against the organization or any participants in the organization.

CALIFORNIA STATE LAW
California Education Code Sections 32050 and 32051 have been repealed and replaced with the following in the California Penal Code:
a. 245.6. (a) This section shall be known and may be cited as "Matt's Law" in memory of Matthew William Carrington, who died on February 2, 2005 as a result of hazing.
b. As used in this section "hazing" or "haze" is conduct which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another person in the course of the other person's pre-initiation into, initiation into, affiliation with, holding office in, or maintaining membership in any organization. The terms "hazing" or "haze" do not include customary athletic, fire department, police department, military, or quasi-military training, conditioning, or similar events or activities.
c. Any person who hazes or conspires to participate in hazing is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail not to exceed one year, or by both fine and imprisonment.
d. Any person who hazes or conspires to participate in hazing which results in death, great bodily injury, or great psychological injury is guilty of a felony punishable by imprisonment in the state prison.
e. An organization is guilty of violating subdivisions (b) or (c) if the organization's agents, directors, trustees, managers, or officers authorized, requested, commanded, encouraged, participated in, ratified, or tolerated the hazing.
f. The implied or expressed consent of the person or persons against whom the hazing was directed shall not be a defense to any action brought under this section.
g. This section does not apply to the person against whom the hazing was directed.
h. This section shall not, in any manner, limit or exclude prosecution or punishment for any other crime or any civil remedy.
i. The person against whom the hazing is directed may commence a civil action for injury or damages, including mental and physical pain and suffering that results from the hazing. The action may be brought against any participants in the hazing, or any organization whose agents, directors, trustees, managers, or officers authorized, requested, commanded, encouraged, participated in, ratified, or tolerated the hazing. If the organization is a corporation, whether for profit or not, the individual directors of the corporation may be held individually liable for damages.

REPORTING A VIOLATION
If you believe you are a victim of hazing or know of instances of hazing, you should report this information to the Assistant Vice Provost and Associate Dean of Student Development (UC 5th Floor). The staff will connect student who may be victims with appropriate support resources. To learn more about hazing please refer to www.stophazing.org.

DISCIPLINARY ACTION
Should the University become aware of hazing by a student organization or any of its members, the University may immediately suspend the organization or group pending an investigation into the allegations. Allegations of hazing are resolved in accordance with the University Conduct and Disciplinary Procedures. Students and/or student organizations found responsible for violating the Hazing Policy are subject to the full range of disciplinary sanctions. For more information, please refer to the University Conduct and Disciplinary Procedures.

Medical Marijuana Policy

The University of San Francisco does not permit the use of marijuana for any purpose on university property even if the use meets the qualifications of the California Compassionate Use Act, Proposition 215. Therefore, even students who qualify under Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, provide, or use the marijuana on University-owned or controlled property (including but not limited to residence halls, academic buildings, athletic facilities, and parking lots), or during a University-sanctioned activity regardless of the location.

Parental Notification Policy

1. The University of San Francisco understands that parents and guardians play a central role in the continuing development and education of their college students and hopes to work in partnership with them in this essential enterprise. We also recognize that students have specific rights and expectations in terms of their privacy. In accordance with the Family Educational Rights and Privacy Act (see full policy in this Handbook), the University has established the following guidelines for notifying parents or legal guardians when there is concern for the health and welfare of the student, including situations involving medical transportation and treatment, and serious or repeated violations of alcohol and/or drug policies.

2. The Vice Provost for Student Development or designee has the authority to determine when and by what means to notify parents or legal guardians without a student’s consent when a student under the age of 21 is found to have violated any law or University rule or policy related to the possession, use, sale, or distribution of alcohol or illicit drugs.

3. Nothing in these guidelines shall prevent University officials from notifying parents or legal guardians of students under the age of 21 of health or safety emergencies, including situations requiring medical transport and treatment, regardless of the disciplinary status of the student. When the University intends to contact a student’s parents, it will first attempt to notify the student of its intent.

4. The Vice Provost for Student Development or designee reserves the right to notify a parent or legal guardian without a student’s consent under the following circumstances:
   a) The violation involved harm or threat of harm to the student, other persons, or campus property;
   b) The student has shown a pattern of behavior or violations that indicate a potential physical or psychological problem;
   c) The student who committed the violation required medical attention as a result of the consumption of alcohol and/ or illicit drugs.

Physical and Psychological Emergencies Policy

If a student’s behavior is incompatible with the Student Conduct Code or the policies of the Office of Residence Life, the University reserves the right to impose: a) interim suspension from the University and/or University–operated housing; b) a required professional evaluation and treatment; c) withdrawal from University-operated housing; and/or d) withdrawal from the University.

The intent of this policy is to assist the student who cannot function effectively in the University community without posing a risk to him/herself or infringing upon the rights of others. This policy also provides mechanisms by which a student may continue toward the completion of his/her academic goals, if not immediately, then in the future.

The student may be allowed to return to classes and to his/her University-operated residence (if applicable), if he or she agrees to take the treating professional’s recommended therapeutic steps. If the student refuses to take such steps, or if the disruptive, dangerous, or otherwise unacceptable behavior continues, the University may withdraw the student from classes and/or from University-operated housing. Such action could occur if, in the judgment of the University, the condition was such that the student could not reasonably be accommodated in the academic program or residential facilities; if the student is a threat to self and/or others; or is disruptive to others or to the University community.

The Assistant Vice Provost and Associate Dean of Student Development or designee (in consultation with the appropriate offices which may include but are not limited to, Student Disability Services, Counseling and Psychological Services, Office of Student Conduct, Office of Residence Life and other staff deemed as necessary) is responsible for the implementation of this policy.

Prevention of Sexual and Other Unlawful Harassment Policy

View the entire Prevention of Sexual and Other Unlawful Harassment Policy in this .pdf

Privacy of Student Records - FERPA

The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, protects the privacy of students by limiting third party access to student education records. FERPA affords students the following rights:

The right to inspect and review the student's education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the record(s) may be inspected. If the record(s) are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student's education records that the student believes are inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Students may grant permission to release academic, financial aid and student financial account information to third parties, including parents, by submitting a "Student Consent to Release Information" form online or to the One Stop Office.

FERPA also permits disclosure of directory information without consent unless the student has filed a Request for Non-Disclosure of Directory Information. Directory information at the University of San Francisco includes: student's name, USF email address, school of enrollment, credit hour load (full-time, part time), periods of enrollment, degree(s) awarded and date(s) of conferral, honors, participation in athletic activities, weight and height of athletic participants, major and minor fields, and dean's list.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of San Francisco to comply with the requirements of FERPA. The name and the address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-4605.

Services for Persons with Disabilities

POLICY STATEMENT
The University of San Francisco is committed to achieving equal educational opportunity and full participation for persons with disabilities. In compliance with Section 504 of the Rehabilitation Act of 1973, and Title III of the Americans with Disabilities Act of 1990, it is USF’s policy that no qualified individual shall, on the basis of disability, be excluded from participation in, or be denied the benefits of, any University sponsored program or activity.

STUDENT RIGHTS AND RESPONSIBILITIES
1. Every student with a documented disability or disabling condition has the right to:
• A timely intake assessment to determine reasonable accommodation eligibility.
• Equal access to University courses, programs, services, jobs, activities and facilities.
• Reasonable and appropriate academic and physical accommodations, as determined on a case-by-case basis through an interactive process between the student and the University.
• Appropriate confidentiality of all information pertaining to his/her disability or condition.

2. Every student with a documented disability or disabling condition has the responsibility to:
• Meet the University’s qualifications and academic standards for participation in programs and activities with or without reasonable accommodations.
• Identify him or herself to appropriate University personnel as a student with a disability or a disabling condition.
• Follow the reasonable accommodations eligibility determination procedures outlined in the Student Disability Services Handbook.
• Provide documentation from a qualified professional source that verifies the nature of the disability or disabling condition, the functional limitations resulting from the disability or disabling condition, and the need for specific reasonable accommodations.
• Recognize that accommodations cannot be provided, regardless of eligibility, unless the eligibility determination process is initiated and completed in a timely manner.

INSTITUTIONAL RIGHTS AND RESPONSIBILITIES
1. The University of San Francisco has the right to:
• Set and maintain the University’s academic standards.
• Request current, comprehensive documentation to verify a student’s need for reasonable accommodations in the University setting.
• Discuss a student’s need for reasonable accommodations with the professional source of his/her documentation (with the student’s signed consent authorizing such discussion).
• Discuss the nature of course, curriculum, program or degree requirements with University personnel responsible for the particular course, curriculum, program or degree.
• In collaboration with appropriate University faculty and administrative staff, share information regarding a student’s disability on a need-to-know basis, in order to facilitate the interactive reasonable accommodation process.
• Designate a student’s accommodations from a range of equally effective reasonable accommodations.
• Periodically review recommended reasonable accommodations to ensure their continued reasonableness in a particular classroom setting or environment.
• Deny a request for a specific accommodation if documentation is inadequate or not provided in a timely manner, if the accommodation is unreasonable, or if an equally effective accommodation is being offered.
• Refuse to provide a requested accommodation that is unreasonable or inappropriate including any that pose a direct threat to the health and safety of self or others, constitute a fundamental change or alteration to a course or program, or pose an undue burden on USF.

2. The University of San Francisco has the responsibility to:
• Determine and provide reasonable and appropriate accommodations in a timely manner for eligible students with disabilities or disabling conditions.
• Provide information regarding policies and procedures to students with disabilities in a reasonably accessible format and in a timely manner.
• Evaluate students’ academic progress as fairly as possible, without altering the academic standards for each course, and without regard to disability.
• Maintain appropriate confidentiality of records and communication concerning students with disabilities or disabling conditions (except where disclosure is required by law or authorized by the student).
• Coordinate with faculty and staff to ensure recommended accommodations are implemented, and appropriate for each individual course.

PROCEDURES FOR SEEKING ACCOMMODATIONS
Please contact the appropriate office or department to arrange or obtain accommodations for the following disabilities or disabling conditions:
   • Learning Disabilities
   • Attention Deficit Disorder
   • Asperger’s Syndrome
   • Disabling health impairments or systemic illnesses
   • Head injuries
   • Hearing impairments
   • Physical, orthopedic or mobility disabilities (including temporary disabilities)
   • Psychiatric or psychological disabilities
   • Visual impairments

1. Academic Programs
To obtain academic accommodation eligibility or policy information related to student academics, please contact:
Student Disability Services
Gleeson Library, Lower Level 20
Phone: (415) 422-2613 Fax: (415) 422-5906 TDD: (415) 522-5834
E-mail sds@usfca.edu

2. Cocurricular Programs and Activities
To arrange accommodations for University-related extracurricular activities, contact the office responsible for arranging the activity or interest. Some examples:
• Alumni events: Contact the Alumni Relations Office at (415) 422-6431.
• ASUSF: For events or activities sponsored by the Associated Students of USF contact ASUSF at (415) 422-2400.
• Athletic events: Contact the Athletics Department at (415) 422-6891.
• Commencement related events: Contact The Graduation Center in the in the One Stop office at (415) 422-2020.
• University-sponsored Conference events: Contact the Lone Mountain Conference Center at (415) 422-6166.
• Fromm Institute activities: Contact the Fromm Institute at (415) 422-6805.
• Office of Residence Life: For events or activities sponsored by the Office of Residence Life contact ORL at (415) 422-6824.
• Department of Student Leadership and Engagement: For events or activities sponsored by the Department of Student Leadership and Engagement contact the office at (415) 422-7256.

3. Faculty and Staff Employment
To obtain accommodation eligibility or policy information related to faculty and staff employment at USF contact:
Human Resources Office
Lone Mountain 339
Phone: (415) 422-6707

4. Parking and Transportation
To obtain eligibility or policy information related to Parking and Transportation on campus please contact:
Parking and Transportation
Public Safety
University Center 310
Phone: (415) 422-4222
parking@usfca.edu

5. Facilities Access
To report malfunction in public access campus equipment or facilities (e.g., elevators, automatic doors, accessible rest-rooms, etc.), please contact:
Facilities Management
Hayes-Healy, Lower Level
Phone: (415) 422-6464

6. Campus Technology
To report malfunction or for assistance with campus technology or assistive equipment, please contact:
Information Technology Services Help Desk
Harney Science Center 222
Phone: (415) 422-6668
itshelp@usfca.edu

PROCEDURES FOR FILING A GRIEVANCE
http://www.usfca.edu/Academic_Support/Student_Disability_Services/Handbook/#dispute%20resolution%20procedures

To initiate formal grievance proceedings contact:
ADA Coordinator
Human Resources Lone Mountain 339
Phone: (415) 422-6707

Sexual Offense Policy

Reporting Sexual Offenses

This is a summary of the procedures for reporting sexual offenses at the University of San Francisco. Please refer to the full text of the policy printed below.
• Immediately seek medical attention at San Francisco General Hospital Emergency Room, 1001 Portrero Avenue, San Francisco (206-8000).
• It is best if evidence collection occurs within 72 hours of incident for prosecution purposes. Call SF Women Against Rape (SFWAR) for medical advocacy during treatment.
• The hospital is required by law to report an incident of a sexual offense to the San Francisco Police Department (SFPD). A decision by the victim to press formal charges does not have to be made at this time.
• Promptly file an incident report with USF Public Safety (422-2911).
• Public Safety is obligated to forward a report to SFPD; a decision by the victim to press formal charges does not have to be made at this time.
• If the alleged perpetrator is a student at USF, the victim is encouraged to file a complaint through the University disciplinary system. Victims may file charges with the Office of Student Conduct, Rights and Responsibilities (UC 5th Floor)
• If civil or criminal proceedings are filed, the University reserves the right to conduct its own investigation notwithstanding the status or resolution of any external proceedings.

Obtain psychological support by contacting:
• USF Counseling and Psychological Services (422-6352)
• San Francisco Rape Treatment Center (821-3222)
• SF Women Against Rape (647-7273)

Additional sources of support include:
• California AIDS Hotline (863-2437)
• San Francisco Suicide Prevention, Inc.-24-Hour Crisis Line (781-0500)

For more information, please refer to the Prevention of Sexual and Other Unlawful Harassment Policy as well as the University Conduct and Disciplinary Procedures in the Fogcutter Student Handbook.

A. GENERAL PRINCIPLES
The University of San Francisco recognizes that a sexual offense is a serious issue; saying “no” means “no,” and failure to resist sexual activity does not mean consent. “Consent” means positive cooperation by words or actions exercising free will and with knowledge of the nature of the act involved. A current or previous dating relationship is not sufficient to constitute consent. Nor will the perpetrator of a sexual offense be excused by the fact that alcohol or drugs were used by either party.

B. APPLICATION
The Sexual Offense Policy applies to University faculty, staff, and students involved in any employment or academic relationship, or both, at the University. Employees covered by collective bargaining agreements are subject to their own policies and procedures related to the handling of sexual offenses. This policy is supported through an educational prevention program, psychological support services and a referral network of off-campus medical and advocacy services. It is enforced by internal disciplinary procedures with sanctions up to and including termination for employees or expulsion for students.

C. SEXUAL OFFENSE DEFINED
Sexual offense, for purposes of this policy, is nonconsensual sexual conduct including but not limited to rape, sodomy, oral copulation, sexual battery, or sexual penetration with a foreign object. In interpreting this policy, the University will refer to the law of the state of California. Sexual conduct not covered by these provisions (e.g. sexual harassment) may nevertheless subject a student or employee to discipline if he or she violates the standards of conduct for his or her constituent group. Students should refer to the Student Conduct Code and Disciplinary Procedures. Employees should refer to the chapter dealing with employee conduct in the Administrative Staff Handbook.

D. PROCEDURES FOR RESPONDING TO SEXUAL OFFENSES
1. Medical Attention and Preserving Evidence
The University encourages victims of a sexual offense to immediately receive medical aid and contact SFWAR (415647-7273) for advocacy during the medical exam. The Rape Treatment Center at San Francisco General Hospital is equipped to collect evidence through a sexual-assault examination. Upon request by the victim of a sexual offense occurring on campus, Public Safety will provide transportation to the Rape Treatment Center. The examination must be conducted within 72 hours of the incident in order to collect evidence for prosecution purposes. Although the victim is not required to report the incident to the San Francisco Police, the hospital is required by law to report an allegation of a sexual offense to the Police.

2. Public Safety
Students are strongly encouraged to promptly report all incidents of sexual offense occurring on campus to Public Safety. (Call 422-2911, 24-hours per day.) An officer will write an incident report and the University will investigate the facts. Personal information about the victim and alleged perpetrator will remain confidential, insofar as it does not interfere with the University’s right to investigate allegations of inappropriate conduct and take corrective action where necessary.

Public Safety officers are required to contact the San Francisco Police Department for further investigation. A decision by the victim to press formal charges with the police does not have to be made at this time. If the victim decides not to file an official report with the San Francisco Police Department, the victim may advise the San Francisco Police Department of this decision.

The San Francisco Police Department will offer to transport the victim to San Francisco General Hospital for medical treatment. San Francisco Police will also complete an incident report offering to keep the name of the victim anonymous if the victim desires to do so.

The San Francisco Police Department will typically forward a copy of the incident report to San Francisco Police Department Inspectors for any follow-up. Public Safety will also complete a separate follow-up investigation of the reported incident with all parties involved.

3. Psychological Support and Confidential Sources for Discussing Options about Reporting Sexual Offenses
In addition to seeking immediate medical aid, the University encourages victims of sexual offenses to obtain psychological support and discuss options for reporting sexual offenses. Confidential resources for anyone wishing to discuss a sexual offense include counselors in Counseling and Psychological Services or clergy acting in their official capacity. Counseling and Psychological Services (CAPS) is located in the lower level of Gillson Hall and may be reached by calling 422-6352. CAPS staff, through its director, is responsible for making regular reports to the Vice Provost for Student Life and Director of Public Safety regarding any known cases of a sexual offense occurring on campus. The name(s) of the alleged victim will not be used unless prior written consent has been obtained. In addition to on-campus resources, the San Francisco Rape Treatment Center (821-3222) and SF Women Against Rape (647-7273) make confidential referrals for medical treatment, legal aid, advocacy services, and private therapy.

4. Encouragement of University Employees to Report Sexual Offenses
Once an incident of a sexual offense becomes known to any University employee, that employee, with the exception of CAPS staff or clergy acting in their official capacity, should report that incident to the Department of Public Safety. Upon receiving the report, an officer will be assigned to investigate the incident.

5. On-Campus Disciplinary Process and Outside Legal Recourse
In addition to filing an incident report with Public Safety, a victim is encouraged to file a complaint through the University disciplinary process. It remains at all times the decision of the victim whether or not to file such a complaint.

If a victim elects to initiate a formal complaint against the alleged perpetrator of a sexual offense-and the alleged perpetrator is a student at USF-the victim should contact the Director of Student Conduct, Rights and Responsibilities (University Center 5th Floor). Such a complaint will be handled in accordance with the University Conduct and Disciplinary Procedures, as described in the Fogcutter Student Handbook.

Personal information about the victim and accused student will remain confidential, insofar as it does not interfere with the University’s right to investigate allegations of misconduct and take corrective action where necessary. However, the University may disclose the final results of campus disciplinary proceedings regarding specified crimes of violence or non-forcible sex offenses, as provided for in the Family Educational Rights and Privacy Act (FERPA). The information that may be released is limited to the name of the accused student, the violation committed, and any sanction imposed by the University against the student.

Possible sanctions for persons found in violation of the Sexual Offense Policy range up to and include suspension or expulsion from the University (for students) and termination from employment (for employees). Lesser sanctions, such as community service, gender-communication education, and psychological counseling may be granted for students found in violation of the Sexual Offense Policy. A victim of a sexual offense has legal recourse outside the campus disciplinary system.

6. Modification of Academic and Living Arrangements
Upon request by the victim of a sexual offense, the appropriate University office(s) will provide assistance with adjusting on-campus living arrangements and/or class schedule to the extent these changes are reasonably available at USF. If modifications are made, there is no presumption that the accused student is responsible.

E. RESPONSE AND EDUCATIONAL PROGRAMMING
Multiple offices at USF respond to and address education about sexual violence. Public Safety, Office of Residence Life, Counseling and Psychological Services, Health Promotion and Services and the Division of Student Life all offer aspects of sexual assault education and prevention. Related to sexual violence, these offices may (a) provide educational programming on sexual offenses, (b) review the University’s policy guidelines addressing sexual offenses, and (c) recommend appropriate University responses to issues that may arise concerning sexual offenses.

The following resources and services are also available:
1. Print and audiovisual materials are available through Counseling and Psychological Services (Gillson Hall, Lower Level) or Health Promotion Services (UC second floor). The focus of the materials includes risk reduction, primary prevention, suggestions for communication, and list of response services.
2. Upon request, educational presentations about sexual violence can be arranged for classes or co-curricular organizations.
3. Public Safety offers self defense information and workshops, and Koret Recreation Center sponsors self defense training
4. Upon request, victims can be referred to related agencies for ongoing support and care.

Summary of Copyright, Photocopy and Media Reproduction Policies

The owner of a copyright has the exclusive right to reproduce, modify, perform, display, or distribute the particular copyrighted work. However, written into the copyright law is a narrow “fair use” exception to these exclusive rights. The fair use exception permits copying under certain limited circumstances without the copyright owner’s permission and without paying royalties. A modified version of the American Library Association Model Policy has been adopted as the copyright policy for the University. It outlines those situations in which the photocopying of copyrighted materials falls within the fair use exception and is therefore permissible. A thorough reading of the USF copyright policy is strongly recommended before photocopying any copyrighted materials. The University policy for media reproduction has been developed to govern the copying of films, video, or radio broadcasts, or sound recordings in connection with instruction and research within the spirit and intent of the copyright law and the various guidelines which have been formally established. The University Computer and Network Appropriate Usage Policy contains information regarding the use and copying of electronic materials.

Technology Resources Appropriate Use Policy

The Technology Resources Appropriate Use Policy and other valuable technology related resources and information can be found on the ITS website.

University Conduct and Disciplinary System

The President delegates general supervision for matters of student conduct and disciplinary procedures to the Vice Provost for Student Life. Specific responsibility and authority for the University Conduct and Disciplinary System is assigned to the Director of Student Conduct, Rights and Responsibilities. A conduct officer or the appropriate conduct board can review student disciplinary matters. The Director 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. All time limits imposed or recommended within these procedures may be changed for good cause or reason as determined by the Director or designee (where appropriate).

The communication of disciplinary procedures will occur via the student’s USF student email account. Students will be held accountable for retrieving their mail from their email account. 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. Generally, a student who does not attend their conduct meeting may forfeit their right to appeal the outcome.

Conduct officers and members of conduct boards are appointed by the Vice Provost for Student Life or designee and have varying degrees of sanctioning authority. All requests for appeal are made to the Office of Student Conduct, Rights and Responsibilities, which acts on behalf of the Vice Provost for Student Life.

In exceptional circumstances, the Vice Provost for Student Life may suspend the regular structure of the University Conduct and Disciplinary System and establish an appropriate procedure for the particular needs of the pending matter.

University Conduct Officers and Boards

The University Conduct and Disciplinary System includes the following conduct officers/boards:

Conduct Officers
University conduct officers are staff members or faculty members whose job descriptions include responsibility for reviewing disciplinary matters or are appointed to be conduct officers by the Office of Student Conduct, Rights and Responsibilities. The sanctioning authority of an individual conduct officer outside of the Office of Student Conduct, Rights and Responsibilities ranges from a warning up to and including housing expulsion. The sanctioning authority of the Director of Student Conduct, the Assistant Vice Provost and Associate Dean of Student Development, and the Vice Provost for Student Life ranges from a warning up to and including University expulsion.

Student Conduct Board
The Student Conduct Board is composed of students who are appointed as conduct officers on an annual basis by the Director of Student Conduct, Rights and Responsibilities. When a Student Conduct Board convenes to review student conduct, the Board includes three to five students selected from its pool of members. The sanctioning authority of the Student Conduct Board ranges from a warning up to and including housing relocation.

University Disciplinary Hearing Committee
The University Disciplinary Hearing Committee is a committee composed of students, faculty, and staff who are appointed as conduct officers on an annual basis by the Director of Student Conduct, Rights and Responsibilities. When a University Disciplinary Hearing Committee convenes to review student conduct, the committee includes a student, a faculty member and a staff member selected from the pool of members. The sanctioning authority of the University Disciplinary Hearing Committee ranges from a warning up to and including University expulsion.

University Appeal Officers
University Appeal Officers conduct appellate reviews for matters handled by the Office of Student Conduct, Rights and Responsibilities. Appeal officers are members of the University Disciplinary Hearing Committee. The sanctioning authority of an Appeal Officer ranges from a warning up to and including University expulsion.

Student Rights and Responsibilities

A fundamental component of the University's Conduct and Disciplinary process are the students' rights and responsibilities . All students are expected to know, understand and adhere to these rights and responsibilities.

Disciplinary and Conduct Procedures

Communication With the Student Regarding the Disciplinary Matter
The University’s relationship is with the student. The University’s conduct and disciplinary process is designed with the purpose of being an educational process which promotes the student taking on the responsibility of managing his/her own affairs. Having anyone else take on this role for the student detracts from the learning opportunity for the student. University staff will only interact with the student and their parent/guardian to the degree that is appropriate and permissible by the Family Educational Rights and Privacy Act of 1974 (FERPA). University staff will not interact with legal counsel who is representing a student in a campus disciplinary matter.

Conduct Meeting
1. Incident Report: Members of the University community and non-affiliated 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, and procedures, the University will pursue the matter through the University Conduct System beginning with either an initial review or a conduct meeting. Incident reports become a part of students disciplinary file. The student will be given the opportunity to review the report during the conduct meeting or anytime thereafter; copies of an Incident Report are not provided at anytime.

2. 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 board/officer has gathered all relevant information, the conduct officer/board conducts a meeting or refers the case to another conduct officer/board.

3. Conduct Meeting: The assigned conduct officer/board will notify the student in writing with notification of the alleged violations, a time, place and location for the conduct meeting at least three (3) business days prior to the 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 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.

4. 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”.

5. 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.

6. 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.)

Witnesses
A witness is someone who can provide first-hand information about the reported incident. Witnesses are not permitted who do not have first-hand information about the reported incident or who present information that is deemed unnecessary for the deliberation process, or serve only to present information about the involved student’s character.

Persons serving as witnesses shall have the following rights:
1. To be notified in writing at least two (2) business days prior to the meeting of the date, time, location, nature of the proceedings, and his/her role in the meeting process.

2. To be questioned directly only by the conduct officer/board. The conduct officer/board may limit or eliminate questions submitted by the responding student that are deemed unnecessary for the deliberation process.

Appeal Process
1. The outcome of a conduct meeting is subject to one request for appeal. An appeal will be granted only if one or more of the following criteria is met:
   a. The decision is not supported by the information - Describe why and how the decision is not supported by the information
   b. The sanction is not in line with the violation(s) - Describe why the sanction(s) is not in line with the violation(s)
   c. The procedures provided in the Fogcutter Student Handbook were not followed - Describe how the procedures were not followed
   d. New relevant information is available that was not available at the time of the meeting - Describe the new and relevant information and why it was not available at the time of the meeting

2. The Appeal Form is available for download here. The student must complete the request for appeal form and submit it to the Office of Student Conduct, Rights and Responsibilities within five (5) business days of the date of the outcome letter. The request for appeal must include answers to the questions on the form in accordance with the criteria described in No. 1 above.

3. The designated appeal officer will review the request for appeal, along with other pertinent information, to determine the validity of the request for appeal in accordance with the criteria described in No. 1 above. In general, a request for appeal is granted only when it is more likely than not that a procedural or substantive error occurred at the original conduct meeting that effectively denied the student a fair and reasonable meeting. If necessary and at the appeal officer’s discretion, the student may be called in to discuss the appeal.

4. The student will be informed of the decision pertaining to the request for appeal within ten (10) business days of submitting the request. In exceptional circumstances, the ten (10) business days notification requirement may be extended to allow adequate consideration of the request for appeal. If this is the case, the student will be notified.

5. If the request for appeal is granted, the matter may be referred back to the original conduct officer/board, a new conduct officer (who could be the appeal officer), or a new conduct board. The appeal officer may also modify the sanction(s) without granting a second meeting.

6. A request for appeal may only be filed once. If a request for appeal is denied, a second appeal cannot be filed. If a request for appeal is granted, the outcome of any subsequent proceeding may not be appealed.
7. Generally, a student who has failed to attend their conduct meeting is not eligible to submit an appeal.

Disciplinary Sanctions

As part of the University conduct and disciplinary process, a student who is found responsible for violating any University policy may be mandated to an assessment through Counseling and Psychological Services (CAPS) and/or a licensed outside agency. As part of that mandate, OSCRR reserves the right to confirm with CAPS or other agency that the student contacted, signed up for, and completed his/her sessions. This confirmation applies only to the student's attendance and completion and not to the content disclosed during the sessions.

The following sanctions may be imposed upon any student found to have violated the Student Conduct Code. This list is not exhaustive. All sanctions are cumulative, and a student’s disciplinary history will be taken into consideration when issuing a sanction. Sanctions also may be enhanced based on the severity of the behavior and impact on the University community.

1. Warning: A written reprimand for violations of specified University policies or campus regulations, including notice to the student that continued or repeated violations of specified University policies or campus regulations may be cause for further disciplinary action.

2. Probation: A period of time specified for observing and evaluating a student’s conduct, with or without special conditions. Further violations while on probation may result in more severe disciplinary action, normally in the form of loss of privileges and exclusion from activities, suspension, or expulsion. Probation will be imposed for a specific period of time, and the student is considered removed from probation when the period expires. Disciplinary Probation is a serious encumbrance upon a student’s good standing in the University and may render the student ineligible for extra-curricular activities.

3. Loss of Privileges: Denial of participation in designated privileges and extracurricular activities for a specified period of time. Violation of any conditions in the loss of privileges and exclusion from activities sanction or violations of other policies or campus regulations during the period of the sanction may be cause for further disciplinary action, normally in the form of suspension or expulsion.

4. Fines: Monetary fines may be imposed on students or student organizations for violations of the Student Conduct Code.

5. Restitution: Compensation for damage to or misappropriation of University property may be imposed either exclusively or in combination with other disciplinary action. Reimbursement may also be imposed for damage to the property of or injury to another person as a result of a violation of the Student Conduct Code. 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 acting alone, or through group or concerted activities, or on any campus organization that participates in causing the damages or expenses.

6. Exclusion: Exclusion of a student from specified areas of the campus or campus activities. Violation of the conditions of exclusion or of University policies or campus regulations during the period of exclusion may be cause for further disciplinary action, which normally is in the form of University suspension.

7. Residence Hall Relocation: Relocation of a student in University-operated housing may occur when the student has demonstrated that he or she is unable to be successful in his or her current location by virtue of repeated violations of the Student Conduct Code and/or Residence Life policies.

8. Residence Hall Pre-Removal: When a student has demonstrated a pattern of behavior that is contrary to the behavioral expectations of community living, he or she will be given formal notice that any further violation for which they are found responsible will result in immediate residence hall expulsion.

9. Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

10. Residence Hall Expulsion: Permanent separation of the student from the residence halls.

11. Discretionary Sanctions: The following are examples of discretionary sanctions:
a. Essays, reflections or research papers.
b. Service to the University or local community.
c. Behavioral assessment or counseling sessions related to inappropriate conduct or violations of the Student Conduct Code.
d. Deferred sanctions may be imposed as deemed appropriate by the Director of Student Conduct, Rights and Responsibilities or designee. Such sanctions could include Deferred Residence Hall Expulsion, Deferred University Suspension or Deferred University Expulsion. Specific conditions accompany a deferred sanction and any violation or failure to complete the conditions would result in the immediate University Suspension or Expulsion.
e. In cases involving drug or alcohol abuse, the student may be referred to an appropriate on or off-campus resource for assessment and may be required to random drug testing (at his/her own expense) as a condition for continued enrolment at the University.
f. Other related discretionary assignments.

12. University Suspension: Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

13. University Expulsion: Permanent separation of the student from the University.

14. Ineligibility for Graduation: A graduating student involved with alleged Code violations prior to graduation may not graduate, participate in graduation ceremonies, or receive a diploma until the matter has been processed and sanctions completed.

15. Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

16. Withholding Degree: The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

More than one of the sanctions listed above may be imposed for any single violation.

Other than University suspension, expulsion, or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record.

Sanctions for Violations of the Alcohol and Drug Policy
The sanctions listed in the section are for alcohol and drug violations. These guidelines are a minimum standard. A conduct officer can choose to administer additional sanctions if it is determined there is reason to escalate the sanction due to the severity of the violation, or if the student has a previous disciplinary record. For instance, housing expulsion can be assigned on the first or second offense if the violation is coupled with any other serious Student Conduct Code violation. If deemed necessary, the University reserves the right to mandate alcohol and other drug assessment or treatment though the University disciplinary process.

Violations of the Alcohol and Drug Policy, both the alcohol and drug provisions, are cumulative throughout the student’s tenure at the University, and the University reserves the right to refer cases to federal, state and/or local authorities. In determining appropriate sanctions for students found responsible for Alcohol and Drug Policy violations, the conduct officer shall take into consideration the particular substance involved and the severity of the violation. Matters involving the use, possession, manufacture, and/or sale of hard drugs, including but not limited to cocaine, designer drugs, hallucinogens, opiates and sedatives, may likely result in suspension or expulsion from University-operated housing or the University, or both.

Minimum Sanctions for Alcohol Violations
1. Underage presence, possession and/or consumption of alcohol
First Offense: Warning, eCHECKUP-Alcohol, BMI meeting, My Student Body, $50 CSF
Second Offense: Parental Notification, Probation, Alcohol Assessment, $100 CSF
Third Offense: Removal from Housing, Alcohol Assessment, $200 CSF

2. Possession of an open container of alcohol in public
First Offense: Warning, eCHECKUP-Alcohol, BMI meeting, My Student Body, $50 CSF
Second Offense: Parental Notification, Probation, Alcohol Assessment, $100 CSF
Third Offense: Removal from Housing, Alcohol Assessment, $200 CSF

3. Hosting, organization of, or participation in a student group event where alcohol is being unlawfully consumed
First Offense: Warning, eCHECKUP-Alcohol, BMI meeting, My Student Body, $50 CSF
Second Offense: Parental Notification, Probation, Alcohol Assessment, $100 CSF
Third Offense: Removal from Housing, Alcohol Assessment, $200 CSF

4. Dispensing alcohol to minors
First Offense: eCHECKUP-Alcohol, My Student Body, BMI meeting, Probation, $100 CSF
Second Offense: Removal from Housing, $200 CSF

5. Intoxication (regardless of age)
First Offense: Warning, eCHECKUP-Alcohol, BMI meeting, My Student Body, $50 CSF
Second Offense: Parental Notification, Probation, Alcohol Assessment, $100 CSF
Third Offense: Removal from Housing, Alcohol Assessment, $200 CSF

Minimum Sanctions for Drug Violations
1. Marijuana Possession and Use
First Offense: Parental Notification, $250 fine for violating our smoking policy, $100 CSF, eCHECKUP-Marijuana, CAPS Drug Assessment, probation
Second Offense: Removal from halls, $250 fine for violating smoking policy, $200 CSF

2. Presence of Marijuana Use
First Offense: Parental Notification, eCHECKUP-Marijuana, $50 CSF, probation
Second Offense: Removal from halls, CAPS Drug Assessment, $100 CSF

If the student is involved in co-curricular activities or intercollegiate athletics, appropriate University officials will be notified. A violation may result in the loss of the privilege of participating in co-curricular activities if the supervising official deems it appropriate

Interim Suspension
In certain circumstances, the Vice Provost for Student Life, or a designee, may impose a University or residence hall suspension prior to the conduct meeting.

1. Interim suspension shall be imposed: 1) to ensure the safety and well being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well being; or c) if the student poses an ongoing threat of disruption of, or interference with, the routine operations of the University.

2. The Notice of Interim Suspension shall indicate the Student Conduct Code section(s) which are alleged to have been violated and specify the terms and conditions of the suspension. The terms and conditions may (a) exclude the respondent from entering campus or particular areas of the campus, including classes and University-operated housing facilities; (b) restrict the respondent from participating in specific activities; (c) prohibit the respondent from contacting or communicating with certain individuals; or (d) other related conditions for the period of the suspension. Under the terms and conditions of the suspension, the respondent shall be restricted only to the minimum extent necessary.

3. The interim suspension does not replace the regular process, which will proceed on the usual schedule, up to and through a conduct meeting, if required.

Disciplinary Records Policy and Reservation of Rights

The Office of Student Conduct, Rights and Responsibilities maintains a record of a student’s disciplinary history. Disciplinary records are educational records, and are thereby subject to the Family Educational Rights and Privacy Act (FERPA).

The disciplinary record is confidential and is only shared internally with University officials in instances when the student grants permission to release the record, or there is what FERPA defines a legitimate educational interest, meaning the information requested is necessary to fulfill the individual’s professional responsibility. The disciplinary record is maintained throughout the student’s enrollment and thereafter as indicated below. A student’s disciplinary record will only be released from the hard copy file to a person or party external to the University if the student has granted permission, where the disclosure of the record is permissible under the provisions of FERPA, or where the University is required to do so by law. The digital copy of the disciplinary record will only be released to an external person or party where the University is required to do so by law.

Retention of Disciplinary Records
A student’s disciplinary history is maintained for seven (7) years beyond the academic year in which the student's tenure at the University has ended.

Reservation of Rights
USF expressly reserves the right to revise, supplement or withdraw any policy or portion of a policy from time to time as it deems necessary.