UCLA General Catalog 2012-13: Appendix A: Regulations and Policies: Student Conduct Policies

Students are members of both society and the academic community with attendant rights and responsibilities. Students are expected to make themselves aware of and comply with the law, and with University and campus policies and regulations. While many of UCLA’s policies and regulations parallel federal, state, and local laws, UCLA’s standards may be set higher. The University of California Policies Applying to Campus Activities, Organizations, and Students (UC Policies) have been incorporated into the UCLA Student Conduct Code either by adapting or inserting verbatim the language of the policies. The complete University of California Policies Applying to Campus Activities, Organizations, and Students is available at http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/toc.html. Students may contact the Office of the Dean of Students, Office of Ombuds Services, or Student Legal Services for advice concerning these policies.

A. Jurisdiction

The University has jurisdiction over student conduct that occurs on University property, or in connection with official University functions whether on or off University property. Although the University will not routinely invoke its disciplinary processes over student conduct that occurs off campus except in connection with an official University function, the University has discretion to exercise jurisdiction over conduct that occurs off campus and that would violate student conduct and discipline policies or regulations if the conduct had occurred on campus when (1) the alleged misconduct indicates the student poses a threat to the safety or security of any member(s) of the University community or (2) the alleged misconduct involves academic work or the forgery, alteration, or misuse of any University document, record, key, electronic device, or identification.

Specifically, the University may choose to exercise jurisdiction over off-campus incidents under alternative A.1 above where the alleged misconduct involves

Conduct that threatens the health or safety of any person, including oneself. This conduct includes, but is not limited to, physical assault, sexual assault, sexual misconduct, domestic violence, threats that cause a person reasonably to be in sustained fear for one’s own safety or the safety of her or his immediate family, incidents involving the use or display of a weapon likely to cause great bodily harm, and intoxication or impairment through the use of alcohol or controlled substances to the point one is unable to exercise care for one’s own safety
Stalking (as defined in Section 102.10 of the University of California Policies Applying to Campus Activities, Organizations, and Students )
Sexual harassment (as defined in Section 160.00 et seq. of the University of California Policies Applying to Campus Activities, Organizations, and Students )
Participation in hazing or any method of initiation or preinitiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person

In determining whether or not to exercise off-campus jurisdiction in cases under alternative A.1 above, the University will consider the seriousness of the alleged misconduct; whether the alleged victim is a member of the campus community; the ability of the University to gather information, including the testimony of witnesses; or whether the off-campus conduct is part of a series of actions that occurred both on and off campus.

This section is intended only to provide guidance for the exercise of discretion by the University in invoking its jurisdiction over conduct that occurs off campus. It may not be relied upon by any student charged under this section to create any rights, substantive or procedural, or as a basis for a challenge to the exercise of the University’s jurisdiction.

B. Types of Misconduct

Students may be disciplined for violations or attempted violations (including aiding, abetting, facilitating, or participating in the planning of an act that would be in violation of the UCLA Student Conduct Code, whether or not the individual who carries out that act is a student). Violations include the following types of misconduct:

102.01: Academic Dishonesty. All forms of academic misconduct, including but not limited to cheating, fabrication or falsification, plagiarism, multiple submissions, or facilitating academic misconduct. For the purposes of the UCLA Student Conduct Code, the following definitions apply:

102.01a: Cheating. Cheating includes, but is not limited to, the use of unauthorized materials, information, or study aids in any academic exercise; the alteration of any answers on a graded document before submitting it for regrading; or the failure to observe the expressed procedures or instructions of an academic exercise (e.g., examination instructions regarding alternate seating or conversation during an examination).

102.01b: Fabrication. Fabrication includes, but is not limited to, falsification or invention of any information or citation in an academic exercise, including fabrication or falsification of research.

102.01c: Plagiarism. Plagiarism includes, but is not limited to, the use of another person's work (including words, ideas, designs, or data), without giving appropriate attribution or citation. This includes, but is not limited to, representing, with or without the intent to deceive, part or all of an entire work obtained by purchase or otherwise, as the student's original work; the omission of or failure to acknowledge the true source of the work; or representing an altered but identifiable work of another person or the student’s own previous work as if it were the student's original or new work.

Unless otherwise specified by the faculty member, all submissions, whether in draft or final form, to meet course requirements (including a paper, project, take-home examination, computer program, oral presentation, or other work) must either be the student’s own work, or must clearly acknowledge the source.

102.01d: Multiple Submissions. Multiple submissions includes, but is not limited to, the resubmission by a student of any work which has been previously submitted for credit in identical or similar form in one course to fulfill the requirements of a second course, without the informed permission/consent of the instructor of the second course; or the submission by a student of any work submitted for credit in identical or similar form in one course to fulfill the requirements of a concurrent course, without the permission/consent of the instructors of both courses.

102.01e: Facilitating Academic Dishonesty. Facilitating academic dishonesty includes, but is not limited to, knowingly helping another student commit an act of academic misconduct (e.g., cheating, fabrication, plagiarism, multiple submissions).

102.01f: Coercion Regarding Grading or Evaluation of Coursework. Threatening personal or professional repercussions or discipline against an instructor to coerce the instructor to change a grade or otherwise evaluate the student's work by criteria not directly reflective of coursework.

102.02: Other Forms of Dishonesty. Other forms of dishonesty, including but not limited to fabricating information or knowingly furnishing false information or reporting a false emergency to the University.

102.03: Forgery. Forgery, alteration, or misuse of any University document, record, key, electronic device, or identification.

102.04a: Theft. Theft includes taking without expressed permission or, misappropriation of any property of the University or property of others while on University premises or at official University functions; or possession of any property that the student had knowledge or reasonably should have had knowledge was stolen.

102.04b: Damage or Destruction of Property. Damage or destruction of any University property or the property of others while on University premises or at official University functions.

102.05: Computer Misuse. Theft or abuse of University computers and other University electronic resources such as computer and electronic communications facilities, systems, and services. Abuses include, but are not limited to, unauthorized entry, use, transfer, or tampering with the communications of others; interference with the work of others and with the operation of computer or electronic communications facilities, systems, and services; or violations of copyright laws, whether by theft, unauthorized sharing, or other misuse of copyrighted materials such as songs, movies, software, photos, or text. Violation of the UCLA E-Mail Policy and Guidelines (available at http://www.adminpolicies.ucla.edu/app/Default.aspx?&id=455), of the University of California Electronic Communications Policy (available at http://www.ucop.edu/ucophome/policies/ec/) , or of any other University acceptable or allowable use policy is also considered a violation of Section 102.05.

102.06: Unauthorized Use of University Resources or Name. Unauthorized entry to, possession of, receipt of, or use of any University services, equipment, resources, or properties, including the University’s name, insignia, or seal.

102.07: Violations of University Policy. Students may be subject to discipline for violation of any University policy.

102.07a: University Housing. Violations of policy regarding University-owned, -operated, or -leased housing facilities or other housing facilities located on University property.

102.07b: University Parking. Violations of policy regarding University parking services or University-owned or -operated parking facilities.

102.07c: University Recreation. Violations of policy regarding University recreation services, programs, or within University-owned or -operated recreation facilities.

102.07d: University Identification Card (BruinCard). Violation of policies, regulations, or rules governing use of official University identification cards, including manufacturing or possession of false identification cards, using another person’s BruinCard to obtain services or establish identity, facilitating the misuse of one’s BruinCard by another person to obtain services or establish identity, or other misuse of the BruinCard.

102.08: Conduct that Threatens Health or Safety. Conduct that threatens the health or safety of any person, including oneself. This includes, but is not limited to, physical assault, sexual assault, sexual misconduct, domestic violence, threats that cause a person reasonably to be in sustained fear for one’s own safety or the safety of her or his immediate family, incidents involving the use or display of a weapon likely to cause great bodily harm, and intoxication or impairment through the use of alcohol or controlled substances to the point one is unable to exercise care for one’s own safety.

Sexual Assault occurs when a person knowingly causes another person to engage in a sexual act by (a) physical force, violence, threat, intimidation, and/or coercion; (b) ignoring the objections of the other person; (c) causing the other’s intoxication or impairment through the use of drugs or alcohol; or (d) taking advantage of the other person’s incapacitation, state of intimidation, helplessness, or other inability to consent. Situations involving physical force, violence, threat, intimidation, and/or coercion fall under the definition of Sexual Assault.

Sexual Misconduct occurs when a person, having failed to take appropriate steps to gain effective consent, engages in a sexual act with another under the unreasonable belief that effective consent had been obtained. NOTE: For the purpose of this regulation, the following apply:

Student Employees. When employed by the University of California, and acting within the course and scope of that employment, students are subject to the University of California Policy on Sexual Harassment for employees (http://www.ucop.edu/ucophome/coordrev/policy/PP021006Policy.pdf). Otherwise, the applicable standard for sexual harassment by students is conduct that is so severe and/or pervasive, and objectively offensive, in that so substantially impairs a person’s access to University programs or activities that the person is effectively denied equal access to the University's resources and opportunities.

In compliance with UCLA Procedure 630.1, cases involving allegations of sexual harassment must be either resolved by the dean or heard before the Student Conduct Committee within 60 days of the referral of the complaint. This deadline may be extended on approval from the vice chancellor of Student Affairs.

102.10: Stalking. Stalking behavior in which a student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for her or his safety, or the safety of her or his family; where the threat is reasonably determined by the University to seriously alarm, torment, or terrorize the person; and where the threat is additionally determined by the University to serve no legitimate purpose.

102.11: Harassment. Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to University programs or activities that the person is effectively denied equal access to the University’s resources and opportunities.

Student and/or employee sexual harassment is governed by the University of California Policy on Sexual Harassment and the procedures for responding to sexual harassment. See Section 102.09.

Sanctions may be enhanced where an individual was selected for harassment because of the individual’s race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications.

102.12: Hazing. Participating in, engaging in, or supporting hazing or any method of initiation or preinitiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace resulting in psychological harm to any student or other person.

102.13: Obstruction or Disruption. Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities.

102.15: Disturbing the Peace. Participation in a disturbance of the peace or unlawful assembly.

102.16: Failure to Comply. Failure to identify oneself to, or comply with directions of, a University official or other public official acting in the performance of her or his duties while on University property or at official University functions, or resisting or obstructing such University or other public officials in the performance of or the attempt to perform their duties.

102.17: Controlled Substances. Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances (including medicinal marijuana), identified in Federal and State laws or regulations, which is unlawful or otherwise prohibited by, or not in compliance with, any University policy or campus regulations or being unable to exercise care for one’s own safety because one is under the influence of controlled substances. NOTE: This provision shall not apply to circumstances wherein the person under the influence was given a controlled substance without her or his knowledge and permission.

102.18: Alcohol. Manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol which is unlawful or otherwise prohibited by, or not in compliance with, University policy or campus regulations, or being unable to exercise care for one’s own safety because one is under the influence of alcohol. NOTE: This provision shall not apply to circumstances wherein the person under the influence was given alcohol without her or his knowledge and permission.

102.19: Destructive Devices. Possession, use, storage, or manufacture of explosives, firebombs, or other destructive devices.

102.20a: Weapons. Except as expressly permitted by law, possession, use, storage, or manufacture of a firearm or other weapon capable of causing bodily injury is prohibited.

102.20b: Replica Weapons. Except as expressly permitted by UCPD policy, possession, use, storage, or manufacture of replicas of firearms or other weapons is prohibited.

102.21: Violation of Disciplinary Conditions. Violation of the conditions contained in the terms of a disciplinary action imposed under the UCLA Student Conduct Code.

102.22: Violation of Interim or Emergency Suspension Conditions. Violation of the conditions contained in a written Notice of Interim or Emergency Suspension issued pursuant to Section IV of the UCLA Student Conduct Code.

102.23: Unauthorized Use or Sale of University Materials. Except as provided herein, no student shall give, sell, or otherwise distribute to others or publish any recording made during any course presentation without the written consent of the University and the instructor/presenter. This policy is applicable to any recording in any medium, including handwritten or typed notes.

Any distribution of a recording of a course presentation at UCLA that captures the actual sounds and/or images of that course presentation, in any medium, must consider not only the rights of the instructor and the University, but also those of other parties. Examples include the privacy rights of students enrolled in the course, the rights of guest lecturers, and the copyright interests in materials authored by others that are displayed or presented during the course presentation. In addition to the consent of the University and the instructor/presenter, it may be necessary to secure permission from these other parties before any recording, distribution, publication, or communication is legally permitted.

102.23a: Selling Academic Materials. Selling, preparing, or distributing for any commercial purpose academic materials, including but not limited to written, video, or audio recordings of any course unless authorized by the University in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of academic materials, including but not limited to recordings, by a student is a violation of the UCLA Student Conduct Code whether or not it was the student or someone else who prepared the notes or recordings. This policy is applicable to any recording in any medium, including handwritten or typed notes.

102.23b: Copying Course Notes. Copying for any commercial purpose handouts, readers, or other course materials provided by an instructor as part of a University of California course unless authorized by the University in advance and explicitly permitted by the course instructor or the copyright holder in writing (if the instructor is not the copyright holder). Students currently enrolled in a course may provide a copy of their own notes or recordings to other currently enrolled students for noncommercial purposes reasonably arising from participation in the course, including individual or group study.

102.24: Misuse of University Property. Organizing or carrying out unlawful activity on University property.

102.25: Violations of Law. Students may be subject to discipline on the basis of a conviction under any federal, California state, or local criminal law, when the conviction constitutes reasonable cause to believe that the student poses a threat to the health or safety of any person, or to the security of any property, on University premises or at official University functions, or to the orderly operation of the campus.

102.26: Terrorizing Conduct. Conduct, where the actor means to communicate a serious expression of intent to terrorize, or acts in reckless disregard of the risk of terrorizing, one or more University students, faculty, or staff. Terrorize means to cause a reasonable person to fear bodily harm or death, perpetrated by the actor or those acting under his/her control. Reckless disregard means consciously disregarding a substantial risk. This section applies without regard to whether the conduct is motivated by race, ethnicity, personal animosity, or other reasons. This section does not apply to conduct that constitutes the lawful defense of oneself, of another, or of property.

102.27: Unwanted Personal Contact. Contact (whether physical, verbal, written, face-to-face, telephonic, electronic, or by other means) that (1) a student knows or should know is unwanted, (2) is communicated directly to one or more specific students, faculty, or staff, (3) constitutes severe and/or pervasive, and objectively offensive, conduct, and (4) does not constitute speech protected by the First Amendment to the U.S. Constitution (e.g., speech in a public forum on a matter of public concern).

Making a video recording, audio recording, taking photographs, or streaming audio/video of any person in a private location without that person’s knowledge and express consent.

Looking through a hole or opening, into, or otherwise viewing, by means of any instrumentality, the interior of a private location without the subject’s knowledge and express consent.

Photographs and recordings made in private locations of sexual activity or that contain nudity may not be posted online or otherwise shared or distributed in any manner without the knowledge and express consent of all recorded parties, even if the photograph or recording was originally made with the knowledge and express consent of those parties.

Nudity means the absence of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus, or anal region of any person or any portion of the breast at or below the areola thereof of any female person. Private locations are settings where the person reasonably expected privacy. For example, in most cases the following are considered private locations: residential living quarters, bathrooms, locker rooms, and personal offices. Private, nonpublic conversations and/or meetings include any communication carried on in circumstances that reasonably indicate that any party wants the communication to be confined to the parties, but excludes a communication made in a public gathering, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. Express consent is clear, unmistakable, and voluntary consent that may be in written, oral, or nonverbal form.

These provisions do not extend to public events or discussions, nor to lawful official law or policy enforcement activities. These provisions may not be utilized to impinge on the lawful exercise of constitutionally protected rights of freedom of speech or assembly.