After misconduct is alleged, students have the right to select their own advisor or request that Student Conduct and Integrity provide them with an advisor to assist them during the conduct process. Advisors provide guidance but do not take an active role in the process, and students are expected to speak for themselves. A FERPA Waiver/Release of Information Form is required for Student Conduct and Integrity staff to share information. Advisors, please see Training/Guidelines below for more information.
The Advisor Role
Students may have an advisor (or support person) of their choice as long as the individual they choose is not otherwise connected to the case. An advisor can be an attorney, parent, friend, etc. If a student chooses to have an attorney as their advisor, the student shall pay all fees, costs, and expenses for the retention of that attorney. A student may also request the Student Conduct and Integrity provide an advisor to them. After students receive their Notice of Allegations email, they should notify Student Conduct and Integrity whether or not they will be utilizing an advisor by completing the Conduct Advisor Information form, which is linked in the notice.
The advisor role is to advise and support the student. During student conduct meetings, an advisor may act as a consultant for the student. The student may request a break to consult with their advisor/support person. The intent is to have an educational conversation with the referred student, so an advisor cannot speak on their behalf. Please note that failure to follow these guidelines could result in the advisor’s removal from the Informal or Formal Hearing, which ultimately does not benefit the student. In the interest of expediency, as a general practice, hearings shall not be delayed due to the unavailability of an advisor/support person.
All communication with Student Conduct and Integrity must come from the student; an advisor/support person cannot communicate with Student Conduct and Integrity, including via phone or email, on the student’s behalf.
FERPA Waiver
For someone to serve as a student’s advisor (or support person), the student must complete the FERPA Waiver/Release of Information Form. In this waiver, the student will indicate if they would like for the identified advisor to attend meetings and/or receive copies of emails/formal letters from Student Conduct and Integrity. In accordance with FERPA, Student Conduct and Integrity is unable to share information about a student’s case without their written permission.
Student Rights
Any student going through the student conduct process has the following rights:
- to have an advisor (or support person)
- to a notice of the allegations and the opportunity to be heard
- to remain silent without any inference of culpability
- to be informed of the outcome
- to privacy in accordance with FERPA
- to appeal a decision, if applicable
Policies and Procedures
An overview of the Student Conduct Investigation and Resolution Framework in Appendix H is provided below. You may also read the Interim UC Davis Policy on Student Conduct and Discipline for the complete policies and procedures related to both academic and social misconduct.
When a student conduct report is submitted, the report is subject to a preliminary review by a Student Conduct and Integrity staff member before any action is taken. After the preliminary review, there are several different routes the process might follow:
- First, if the report doesn’t have enough information to indicate that a policy violation occurred, or if the conduct reported does not violate the Interim UC Davis Policy on Student Conduct and Discipline, then the case is dismissed.
- For cases where there does appear to be a violation of the policy, Student Conduct and Integrity may choose to resolve the matter through an advisory notice, which is a non-disciplinary warning, or an alternative resolution, which is an agreement with the student.
- In most cases, the standard conduct process is an administrative resolution pathway. The student meets with a Student Conduct Specialist to discuss the allegations. The specialist then makes a determination of whether a violation occurred and there are several outcomes.
- The resolution is final if the student accepts or does not respond by the deadline.
- In cases not involving suspension or dismissal, the student can appeal on three grounds (according to Appendix H, section F.3.b.i.): new information, procedural error or disproportionate sanctions. The appeal decision is final.
- In cases involving suspension or dismissal, the student can appeal the sanctions. The appeal decision is final.
- In cases involving suspension or dismissal, the student can contest the determination and proceed to a formal hearing. The student can appeal the hearing decision on three grounds (according to Appendix H, section F.4.d): new information, procedural error or disproportionate sanctions. The appeal decision is final.
Questions
General questions about the advisor role may be directed to [email protected]. Thank you for taking the time to serve as a student’s advisor!