Frequently Asked Questions

For Students (click on questions for answers)

• Do I have to attend my hearing?
  
  
  No, but it is strongly recommended. Even if you do not attend, your hearing will be held in your absence, and a sanction will be determined based on the preponderance of the evidence available.
• Do I need to hire a lawyer?
  
  
  Students have the right to obtain legal counsel if they are charged with a violation of the Student Conduct Code, however, an advisor may not speak on behalf of the student at a hearing. Students must represent themselves. The role of the attorney or advisor is therefore limited to assistance and support of the student in making his/her own case.
  
  The Office of Judicial Affairs must be notified at least three (3) working days prior to the hearing if the student will be accompanied by an attorney or advisor.
• Will I be dismissed from the University?
  
  
  Sanctions depend on the severity of the offense. They can range from disciplinary probation to dismissal from the University. For more information about sanctions, refer to the Campus Regulations
• What if I don’t agree with my sanctions? Can I appeal?
  
  
  Yes. Appeals must be made within 10 working days of the date on your sanction letter. The student's appeal may request that the sanctions be reduced or eliminated or that the case be referred back to a committee for further hearing. Any such appeal must specify in detail one or more of the following alleged conditions: lack of substantial bases of fact to support the sanction (invoked or proposed), incongruity of sanction with the offense, unfairness in the proceedings, or newly discovered important evidence not known at the time of the hearing. For more information about appeals, refer to the Campus Regulations
• Can I be charged with a violation of the Student Conduct Code for something that happened off campus?
  
  
  Yes. The University reserves the right to extend jurisdiction in certain situations. The following violations may be considered for off-campus jurisdiction: Section 102.08 (physical abuse, threats of violence, and conduct that threatens the health or safety of others including sexual assault and arson), Section 102.09 (sexual harassment), Section 102.10 (stalking), and Section 102.12 (hazing). For more information, please refer to the Campus Regulations
• Will a sanction from UCSB affect me after I graduate?
  
  
  Sanctions of suspension or dismissal will be noted on your academic transcript (suspensions will be noted only for the term of your suspension). Discipline records are kept for 5 years, with the exception of dismissal records which are kept indefinitely. Any schools or companies to which you give permission to inquire about your academic records will be notified that you have a conduct record. Many graduate schools request your academic records, as do many government agencies if they are considering hiring someone (FBI, etc).
• Who has access to my records?
  
  
  The Office of Judicial Affairs maintains the confidentiality of student records in accordance with FERPA (Family Educational Rights and Privacy Act). In cases involving acts of violence, the complainant may be notified of the outcome of the judicial proceedings, when appropriate. Otherwise, no information will be released without the written consent of the student whose file is in question, or by court order or subpoena.
• Does the Office of Judicial Affairs offer any support or advice for students going through the judicial process?
  
  
  Judicial Process Advisors are volunteer staff members from UCSB who are trained to advise students going through the judicial process. They can explain the process, help you prepare a defense, and give you other helpful hints, such as what to wear to your hearing. Judicial Process Advisors do not attend your hearing. You will be given the option of working with a Judicial Process Advisor at your initial meeting with the Office of Judicial Affairs staff.
• I am the victim of a crime such as physical assault, sexual assault, harassment, hazing, or stalking, and I want to report it. What should I do? What if it occurred off campus?
  
  
  If you are the victim of any of these types of incidents and the threat is immediate, call 911. Once you are safe, you may do the following:

  1. Report to law enforcement (UCPD for on-campus incidents, Isla Vista Foot Patrol for incidents occurring in Isla Vista).
  2. Report to the Office of Judicial Affairs for investigation if the perpetrator is a UCSB student. You may report both on and off-campus incidents to OJA. Some incidents occurring off campus may be considered for investigation, if they fall under the following categories: Section 102.08 (physical abuse and threats of violence, including sexual assault), Section 102.09 (sexual harassment), Section 102.10 (stalking), and Section 102.12 (hazing) of the Campus Regulations. The University will determine whether or not to exercise off-campus jurisdiction on a case-by-case basis.
  3. Report to both law enforcement and the Office of Judicial Affairs, if the perpetrator is a UCSB student.

For Parents (click on questions for answers)

• What happens if my son or daughter is charged with a violation of the Student Conduct Code?
  
  
  To begin with, your student will be notified in writing of the charges against her/him, and will be asked to meet with a UCSB Judicial Officer to discuss the charges. The process from here is outlined in the Student Conduct portion of the UCSB Campus Regulations
• Will I be notified if my son or daughter is charged with a violation of the Student Conduct Code?
  
  
  The Family Educational Rights and Privacy Act (FERPA) prohibits us from disclosing information about university judicial charges to parents unless the student allows us to do so. We may discuss a case with you if your son or daughter signs a FERPA waiver, but we encourage you to talk to your student directly about the case.
• Should my student hire an attorney for his/her judicial case?
  
  
  Students have the right to obtain legal counsel if they are charged with a violation of the Student Conduct Code, however, an advisor may not speak on behalf of the student at a hearing. Students must represent themselves. The role of the attorney or advisor is therefore limited to assistance and support of the student in making his/her own case.
  
  The Office of Judicial Affairs must be notified at least three (3) working days prior to the hearing if the student will be accompanied by an attorney or advisor.
• My son/daughter was a victim of an assault, harassment, or hate incident. What should he/she do? What if it occurred off campus?
  
  
  If your student was a victim of any of these types of incidents, and the perpetrator is a UCSB student, s/he may make a report to the Office of Judicial Affairs for investigation. Some incidents occurring off campus may be considered for investigation, if they fall under the following categories: Section 102.08 (physical abuse and threats of violence, including sexual assault), Section 102.09 (sexual harassment), Section 102.10 (stalking), and Section 102.12 (hazing) of the Campus Regulations. The University will determine whether or not to exercise off-campus jurisdiction on a case-by-case basis. For more information about off-campus incidents, visit student conduct regulations.
• Can I be present during my student's hearing?
  
  
  Students may request to have their parents at their hearing, however, parents may not represent their son/daughter. You may assist your student in preparing his/her defense, and you may be allowed to make a short statement if the Chair of the committee allows and if there is time. The Chair has the authority to limit testimony if he/she finds it irrelevant or redundant.