Code of Student Conduct

10.00 Preamble and General Provisions

In carrying out its teaching, research, and public service activities, the University has an obligation to maintain conditions under which the work of its members—the faculty, students, and staff—can go forward freely, in accordance with the highest standards of excellence, institutional integrity, and freedom of expression, and with full recognition by all concerned of the rights, privileges, and responsibilities of those who comprise the University community.

10.10

These Policies address the rights and responsibilities of members of the University community as well as others while on University property. These Policies also address the responsibilities of students as defined herein and provide Universitywide standards for campus implementing regulations as a means of sustaining this community. 

Each member of the University shares in the responsibility for maintaining this unique community so that the University’s mission of teaching, research, and public service can be achieved.

These Policies and their campus implementing regulations are designed to protect and promote the rights of members of the University, prevent interference with University functions or activities, and assure compliance with all pertinent laws and other applicable University policies.

11.00 Authority

The Regents of the University of California is a corporation that derives its authority from the California Constitution, Article IX, Section 9, which prescribes its powers of organization and governance. These Policies are issued under this authority, and supersede all previous versions issued by the Office of the President as the University of California Policies Applying to Campus Activities, Organizations, and Students.

The Chancellor of the Irvine campus has delegated authority to the Vice Chancellor, Student Affairs to develop campus regulations and to implement and administer University policies and procedures applying to students.

A. Purposes

The primary purposes of these regulations are:

1. To facilitate the effective use of University of California, Irvine, campus properties for educational purposes;

2. To enumerate the procedures that will be employed if an alleged violation of policy occurs.

12.00 Applicability

These Policies and the campus regulations implementing them apply to all campuses and properties of the University and to functions administered by the University, unless in special circumstances the President directs otherwise. Campus implementing regulations for these Policies may extend their application to cover student conduct that occurs off-campus as provided in Section 100.00 of these Policies.

12.10

These Policies do not apply where inconsistent with the Higher Education Employer-Employee Relations Act (HEERA) or applicable collective bargaining agreements.

12.20

For all pertinent activities involving University students, employees, and properties, these Policies apply to the Division of Agriculture and Natural Resources and to the Department of Energy Laboratories operated by the University of California, subject to Laboratory implementing regulations and contractual obligations between The Regents and the Department of Energy. Any provision of these Policies that covers such activities also applies to the Laboratories when it refers to the campuses, and to the Laboratory Directors when it refers to the Chancellors.

13.00 Development and Review of Universitywide Policies and Campus Implementing Regulations

13.10

The President shall consult as appropriate with Chancellors, Vice Presidents, the Office of the General Counsel, and Universitywide advisory committees prior to amending these Policies. Chancellors shall consult with faculty, students, and staff prior to submitting to the President any campus recommendations related to proposed amendments to these Policies. Amendments that are specifically mandated by law, however, do not require consultation with campus representatives or Universitywide advisory committees to the extent that legal requirements do not permit such consultation.

13.20

Chancellors shall adopt campus implementing regulations consistent with these Policies. The University shall publish these Policies and make them widely available, and Chancellors shall do the same with respect to the implementing regulations for their campuses. This requirement may be satisfied through the on-line publication of these Policies and their respective campus implementing regulations.

13.30

Chancellors shall consult with students (including student governments), faculty, and staff in the development or revision of campus implementing regulations except when the development or revision of such regulations results from changes to these Policies that have been specifically mandated by law. Campuses shall specify procedures, including consultation processes, by which campus implementing regulations may be developed or revised.

Proposed revisions to UCI campus regulations shall be reviewed by representative staff and students appointed by the Dean of Students (DOS) in consultation with representatives of the Associated Students UCI (ASUCI), Associated Graduate Students (AGS) and the Council on Student Experience (CSE). Any suggested modifications shall be reviewed by Campus Counsel and the Administrative Policies Officer before being recommended to the Chancellor by the Vice Chancellor, Student Affairs.

13.40

Prior to their adoption, all proposed campus implementing regulations, including all substantive modifications to existing such regulations, shall be submitted to the Office of the President for review, in consultation with the Office of the General Counsel, for consistency with these Policies and the law.

14.00 Definitions

For the purposes of these Policies and the campus implementing regulations adopted pursuant to them, the following definitions are provided:

14.10 – Campus

The term “campus” means a University of California campus. The term “campus” also applies to the Office of the President, the Division of Agriculture and Natural Resources, and each Department of Energy Laboratory operated by the University. 

14.20 – Property

The term “property” means any University-owned, -operated or -leased property, including all University grounds and structures or such other property as shall be designated by a campus as property subject to these Policies.

14.30 – Registered Campus Organization

The term “Registered Campus Organization” means an organization whose membership predominantly comprises students, faculty, and/or staff of a particular University campus, and that attains recognition as a Registered Campus Organization by complying with the requirements and procedures set forth in Section 70.10 of these Policies and in campus implementing regulations.

14.40 – Student

The term “student” means an individual for whom the University maintains student records and who: (a) is enrolled in or registered with an academic program of the University; (b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or (c) is on an approved educational leave or other approved leave status, or is on filing-fee status.

14.50 – University

The term “University” means the University of California and includes all campuses, the Office of the President, the Division of Agriculture and Natural Resources, and each Department of Energy Laboratory operated by the University.

20.00 Policy on Non-Discrimination

The University is committed to a policy against legally impermissible, arbitrary, or unreasonable discriminatory practices. All groups operating under the authority of The Regents, including administration, faculty, student governments, University-owned residence halls, and programs sponsored by the University or any campus, are governed by this policy of nondiscrimination. The intent of the University’s policy on nondiscrimination is to reflect fully the spirit of the law. In carrying out this Policy, the University also shall be sensitive to the existence of past and continuing societal discrimination. (See also Appendix C [Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters]; Section 140.00; Section 150.00; and Section 160.00.)

See also the University of California Anti-Discrimination Policy.

40.00 Policy on Use of University Properties

These regulations do not apply to University Hills, a residential community on land owned by The Regents of the University of California.

A. Use by University-Related Persons and Groups

Registered Campus Organizations, student governments, and University personnel, as well as students, faculty, and staff may use University properties. Information regarding scheduling of University properties may be obtained from the appropriate scheduling office; i.e., Student Center & Event Services, the Bren Events Center. The sponsoring group has the responsibility to know and adhere to special use guidelines, policies, or restrictions that may pertain to specific facilities. Whenever an event is sponsored by a Registered Campus Organization, it must be reviewed by the Office of the Dean of Students, as appropriate, for compliance with University policies and procedures.

B. Use by Non-University Persons and Groups

University properties may be used by non-University organizations and individuals or for commercial purposes only with the prior approval of the Vice Chancellor, Student Affairs or that person’s designee and with the provision that such activities do not interfere with the normal functioning of the University. Any such use shall be based upon benefit to the University. Refer to UCI Administrative Policies and Procedures Section 900-16 and Section 900-20.

C. Addressing Meetings by Non-University Persons

Non-University persons may address meetings in campus facilities only pursuant to an invitation from a Registered Campus Organization, from student governments (Irvine Campus) mentioned in Appendix A, from University departments and recognized academic and administrative units, from organizations of University employees, or from official University of California alumni organizations. Refer to UCI Administrative Policies and Procedures Section 900-20.

D. Financial Responsibility for Use of University Properties

All individual organizations that apply for use of University properties shall be liable for additional expenses incurred on their behalf by the University above ordinary campus maintenance and operating costs. The policy does not apply to speaker’s assemblies or demonstrations and the audience’s anticipated reaction to the content of the speaker’s speech which may result in additional cost incurred by the University.

At the discretion of the office approving the use of University properties and in consultation with the appropriate scheduling department and/or the UCI Police Department, those student governments (Irvine Campus) mentioned in Appendix A the posting of bond may be required of organizations or individuals prior to use of University properties under the following circumstances:

1. Because of the nature of the event and/or the past practices of the sponsoring organization, there is reasonable cause to believe that damage to University property may occur;

2. If the sponsoring organization is in debt to the University at the time of the proposed event program;

3. If the nature and scope of the event is such that there is reasonable concern for the ability of the sponsoring organization to assume all related expenses.

Reimbursement for damage to or misappropriation of University property may be imposed upon the responsible individual or the organization using the University property. The reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages. Failure to make monetary payment may result in student records being placed on hold.

E. Use of University Properties for the Consumption of Alcohol Beverages

Procedures for scheduling use of University properties for the consumption of alcoholic and malt beverages on campus are found in the UCI Administrative Policies and Procedures Section 900-13.

F. Overnight Camping

Neither university-related persons or groups nor non-University persons or groups are permitted to camp overnight on University property.

G. Dances Sponsored by Registered Campus Organizations

Dances sponsored by UCI Registered Campus Organizations and held on the campus are primarily for the participation and social enjoyment of organization members. Admission to dances sponsored by Registered Campus Organizations shall be restricted to UCI students (with proper identification) and those individuals 18 years or older. Under certain circumstances, a guest list may be utilized to access admission to individuals who do not meet the above criteria.

40.10

University properties shall be used only in accordance with federal, State, and local laws and shall not be used for the purpose of organizing or carrying out unlawful activity.

40.20

All persons on University property are required to abide by University policies and campus regulations and shall identify themselves upon request to University officials acting in the performance of their duties. Violation of University policies or campus regulations may subject a person to possible legal penalties; if the person is a student, faculty member, or staff member of the University, that person may also be subject to disciplinary action in accordance with University policies and campus implementing regulations.

40.20 – Violation of University Policies

Students who violate University and campus policies and procedures may be subject to procedures published in Section 103.00 of this document.

University employees who violate University and campus policies and procedures may be subject to disciplinary procedures published in the Academic Personnel Manual, the Personnel Procedures for UCI Staff Members, the Manual of the Academic Senate, or the collective bargaining agreements as appropriate.

Consent to remain on campus may be withdrawn pursuant to the procedures set forth in the UCI Administrative Policies and Procedures Section 900-20 implementing Penal Code Section 626.4 and 626.6.

40.30

All use of University properties and services must conform to applicable campus time, place, and manner regulations.

40.40

On University grounds open to the public generally, as may be described in campus implementing regulations, all persons may exercise the constitutionally protected rights of free expression, speech, assembly, and worship (including the distribution or sale of noncommercial literature incidental to the exercise of these freedoms). Such activities shall not interfere with the orderly operation of the campus and must be conducted in accordance with campus time, place, and manner regulations.

40.40 – University Grounds Open to the Public

For the purpose of these regulations, “grounds open to the public” are defined as the outdoor areas of the campus (lawns, patios, plazas) that are at least 20 feet from the entrances/exits of campus buildings and parking lots, and that do not restrict movement on campus walkways and are also a safe distance from the curbs of campus roads. All activity in these areas must be conducted in such a way that traffic is not impeded and the normal activity in classrooms and offices is not disrupted. Tables or movable stands may not be placed in areas where passages to any entrances or walkways are blocked. Procedures regarding time, place, and manner are set forth in Section 30.30 of this document.

41.00 – University Support, Sponsorship, or Endorsement

All individuals or organizations using University properties and services must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the University.

41.10  – University Neutrality on Religious and Political Matters

As a State instrumentality, the University must remain neutral on religious and political matters. The University cannot sponsor or fund religious or political activities except when authorized for University purposes by The Regents or the President or their designees. See Sections 60.00, 70.00, and 80.00 of these Policies for the special conditions that apply to the sponsoring or funding of such activities by student governments and Registered Campus Organizations from compulsory campus-based student fees.

41.11

Religious, political, and ideological Registered Campus Organizations and other campus organizations shall have access to University properties on the same basis as all other campus organizations, according to guidelines set forth in campus implementing regulations.

41.12

In personal and other non-official correspondence, statements, or other material represented in a variety of media, including but not limited to printed matter, the Internet, and film or television relating to commercial, religious, or political activities or issues, the University title of a faculty or staff member or the title of a student government official shall be used only for identification. If such identification might reasonably be construed as implying the support, endorsement, or opposition of the University with regard to any commercial, religious or political activity or issue, the identification shall be accompanied by a disclaimer: an explicit statement that the individual is speaking for himself or herself and not as a representative of the University or any of its offices or units. Similarly, such correspondence, statements, or other material issued by a Registered Campus Organization shall be accompanied by a disclaimer to the same effect if it might reasonably be construed as implying the support, endorsement, or opposition of the University.

41.20 – Use of University Name, Insignia, Seal, or Address

The name, insignia, seal, or address (including the electronic address) of the University or any of its offices or units shall not be used for or in connection with religious, political, business or other purposes or activities except as consistent with University policy, campus implementing regulations, and applicable law (including, but not limited to ” Use of the University’s Name,” State of California Education Code, Section 92000). (See also the Presidential Policy to Permit Use of the University’s Name. In addition, see Section 70.40 of these Policies for further guidance on the use of the University’s name by Registered Campus Organizations.)

41.20 – Use of the University Name, Logo and Seal

Campus procedures for approval of use of the University name, logo, and unofficial seal are published in the UCI Administrative Policies and Procedures Section 700-20.

42.00 – Campus Regulations

Chancellors shall develop campus implementing regulations that provide procedures and criteria for the use of University properties by student governments and Registered Campus Organizations. Such regulations may provide procedures and criteria, based upon benefit to the University, permitting the use of University properties by other persons or organizations and shall specify the conditions under which University property may be used by non-University persons or organizations.

42.10 – Denial of Requests for Use

A request for use of University properties may be denied if the request is not in accordance with campus regulations implementing these Policies. The applicant shall be accorded a review of any denial of a request for use of University properties.

A request for use of University properties shall be denied if circumstances are such that the event will present a clear and present danger to the orderly operation of the campus. The applicant shall be accorded a prompt appeal to the Chancellor, who shall recognize the University’s heavy burden in justifying such a denial.

The review processes shall be set out in campus regulations.

42.10 – Denial of Request to Use University Properties

A student whose request to use University properties is denied may appeal in writing to the Vice Chancellor, Student Affairs within three days of denial notification. The Vice Chancellor, Student Affairs shall consult with or refer the matter to the Office of the Dean of Students , the appropriate scheduling office, student governments (Irvine Campus) mentioned in Appendix A to make a recommendation. The Vice Chancellor, Student Affairs shall inform the applicant of the decision in writing within seven days of receipt of written appeal.

42.20 – Posting of Noncommercial Materials

Campus implementing regulations shall permit University students, faculty, staff, Registered Campus Organizations, and University units to post and exhibit noncommercial materials at locations designated in campus regulations for that purpose. Posting and exhibiting of noncommercial materials by others also may be permitted by campus regulations. All such materials shall clearly indicate the name of the sponsoring campus, individual, Registered Campus Organization, University unit, or other individuals or organizations permitted to post and exhibit pursuant to campus regulations.

42.20 – Policy on Posting and Distribution of Literature

Refer to UCI Administrative Policies and Procedures Section 900-12.

42.30 – Noncommercial Fund Raising

Noncommercial fund-raising by student governments and by Registered Campus Organizations shall be permitted pursuant to University policies and campus implementing regulations. Noncommercial fund-raising by individuals or by other groups also may be permitted under regulations developed by the campus, consistent with University policy. Provisions may be made in such regulations governing the collection of donations, sale of materials, admission charges, and financial accountability.

42.30 – Noncommercial Fund Raising

A. Noncommercial Fund Raising by Registered Campus Organizations and Student Government

Noncommercial fund raising by Registered Campus Organizations and Student Government is permitted. The provisions below govern the collection of moneys, the solicitation of donations, sale of materials, payment of dues, admission charges, and the financial accountability required of fund raising groups.

1. Fund raising is defined as the collection of monies on University properties by means of sales, contributions, donations, solicitation, membership fees, and/or admission charges to fund raising events or meetings on a regular or occasional basis. 

2. University properties are not to be used in fund raising efforts for personal gain.

3. Funds raised may not be used for illegal purposes; furthermore, use of the funds raised must be defined and be consistent with the stated purpose of the fund raising activity. 

4. All perishable food and beverage sales must receive additional approval from Environmental Health and Safety. Refer to UCI Administrative Policies and Procedures Section 500. 

5. All Registered Campus Organizations engaged in fund raising activities are strongly encouraged to make use of the accounting services and drop box provided by the ASUCI Business Office. 

6. The University reserves the right to audit the financial records of any Registered Campus Organization to determine if funds are being used in accordance with University policy. 

7. In the event that a fund raising activity loses money, the sponsoring organization remains accountable for covering all costs incurred by that activity.

8. All fund-raising activities sponsored by Registered Campus Organizations and occurring on University properties must be conducted entirely by the membership of the sponsoring group. Members of the Registered Campus Organization must be present during the fund-raising activity.

9. The occasional sale of manufactured items is permitted. 

10. The active solicitation of credit card applications on University property is governed by University Policy. See Appendix D. 

11. For those Registered Campus Organizations who wish to sponsor a non-university vendor, which will enhance their program, refer to the UCI Administrative Policies and Procedures Section 900-16.

B. Noncommercial Fund Raising by Off-Campus Organizations

Noncommercial off-campus organizations such as charitable organizations, public service agencies, noncommercial political organizations, and University or University-related groups may engage in fund-raising activities on campus only if they comply with time, place, and manner regulations. Fund raising by commercial, non-University groups, is prohibited with the exception of approved off-campus vendors. (Refer to the UCI Administrative Policies and Procedures Section 900-16).

The following time, place and manner regulations shall apply to fund raising activities by off-campus, noncommercial organizations:

1. Organization shall provide Student Center & Event Services a copy of its Internal Revenue Service exemption letter (or similar document), verifying 501(c)(3) status, prior to conducting any fund raising activities on campus.

2. Organization shall complete a “Request for Use of University Properties” and submit it to Student Center & Event Services prior to conducting any fund raising activities on campus.

3. Organization shall secure a designated campus location from Student Center & Event Services prior to conducting any fund raising activities on campus.

4. Organization shall perform its activities from an approved stationary location, utilizing a table or chair(s). Organization may provide its own table and chair(s) or reserve them in advance from Student Center & Event Services for a rental fee.

5. Organization shall provide receipts, clear signage posted at the location, and, literature and name badges that identify the name and purpose of all fund raising activities at the designated location.

6. Organization shall provide to donors receipts, identifying the name, date, address, phone number of the soliciting organization and the amount of the donation.

7. Organization shall not interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property, nor may it interfere with the University’s obligation to protect the rights of all to teach, study, and fully exchange ideas. Physical force, the threat of force, blocking of ingress or egress, and/or solicitation of an involuntary audience is expressly forbidden.

8. Fund raising activities shall not be permitted within University classrooms or buildings.

42.40 – Use of University Property for Commercial Purposes

Campus implementing regulations may adopt restrictions, consistent with existing law and University policy, on the use of University properties for commercial purposes and personal financial gain. (See the University of California Policy and Supplemental Guidelines on the On-campus Marketing of Credit Cards to Students for the special conditions controlling the on-campus marketing of credit cards to students by banks and other commercial entities.)

42.40

A. Temporary access to University properties by off-campus vendors and commercial entities is permitted to the extent that the activity becomes a complementary part of the total services and programs offered to UCI students, faculty, and staff. Refer to the UCI Administrative Policies and Procedures Section 900-16.

B. Policy and Supplemental Guidelines on Marketing of Credit Cards to Students – See Appendix D

42.50 – Student Voter Registration Activities

Consistent with the requirement under federal law that the University make a “good faith effort” to distribute voter registration forms to students, and the requirement under State law that the University “do all in its power to ensure that students are provided the opportunity and means to register to vote” (Student Voter Registration Act of 2003), campus implementing regulations may authorize non-partisan student voter registration activities that are carried out either directly by, or under the direct supervision of and on behalf of, a campus student government or other official unit of the University on University grounds that are not open to the public generally, including campus residence halls and dining commons, subject to specified conditions to be established by each campus. Such activities shall not be considered to be commercial or noncommercial solicitation, since there is no offer of either goods or services, nor any solicitation of funds or other assistance from students.

50.00 Policy on Campus Emergencies

50.00

Emergency Management Policy and Procedures – Refer to UCI Administrative Policies and Procedures Section 905-30.

51.00 – State of Emergency

See the Declaration of a State of Emergency section within the Policy on Safeguards, Security and Emergency Management.

52.00 – Emergency Regulations and Procedures

Chancellors shall adopt campus emergency regulations and procedures consistent with the provisions of Section 13.30 of these Policies.

53.00 – Emergency Suspension

53.10

During a state of emergency, Chancellors or their designated representatives are empowered to impose Emergency Suspension on any student, faculty member, or employee where such suspension would be authorized under California Penal Code Sections 626.4 and 626.6, as interpreted by the Supreme Court of California in Braxton v. Municipal Court (1973) 10 Cal.3d 138.

53.11

If Emergency Suspension is imposed by a designated representative of the Chancellor, such representative shall immediately inform the Chancellor and shall submit a written report on the action to the Chancellor as soon as is reasonably possible. The report shall contain a description of the person suspended, including the person’s name and, if available, address and phone number, and a statement of the facts giving rise to the suspension. If the Chancellor does not affirm the action of the designated representative within twenty-four hours after being informed that the suspension has been imposed, the suspension shall be deemed void and a reasonable effort shall be made to inform the person who was suspended that the suspension is void.

53.12

Any individual placed on Emergency Suspension shall be given written confirmation of the suspension, either by delivering it to the individual personally or by mailing it to the individual’s last known address of record. The confirmation shall inform the individual of the procedures by which the validity of the Emergency Suspension can be appealed, including the opportunity to obtain a special hearing on the Emergency Suspension in accordance with applicable campus procedures. If an individual is found to have been unjustifiably placed on Emergency Suspension, the University is committed to making reasonable efforts to assist any individual who has been disadvantaged in employment or academic status by that action.

53.12

The outcome of the appeal shall have no bearing on University disciplinary proceedings arising from the conduct which gave rise to the Emergency Suspension.

53.121

The outcome of the appeal shall have no bearing on any University disciplinary proceedings arising from the conduct that gave rise to the Emergency Suspension.

53.13

Any individual placed under Emergency Suspension shall not, during the period of suspension, enter upon specified areas of the campus or engage in specified activities, as set forth in the written Notice of Emergency Suspension. The exclusion or restriction shall be limited to the minimum extent necessary to protect the health and safety of persons or property, or to maintain the orderly operation of the campus.

53.14

Violation of any condition set forth in the Notice of Emergency Suspension shall subject the individual to disciplinary proceedings based upon such violation.

53.14 – Emergency Suspension During a Declared State of Emergency

A. Imposition of Emergency Suspension

If emergency suspension is imposed on a student by a designated representative of the Dean of Students, that representative shall immediately inform the Vice Chancellor, Student Affairs and shall submit a written report on the action as soon as is reasonably possible. The report shall contain a description of the student suspended, including the student’s name, address, and phone number, and a statement of the facts giving rise to the emergency suspension.

If the Vice Chancellor, Student Affairs does not affirm the emergency suspension by the end of twenty-four hours, it shall be deemed void and a reasonable effort shall be made to inform the student that the emergency suspension is void. The twenty-four hour time period shall begin when the Vice Chancellor, Student Affairs receives the written report. Should the emergency suspension be voided, that shall have no bearing on the University’s disciplinary proceedings arising from the conduct which gave rise to the emergency suspension. Any such disciplinary proceedings shall be conducted under the normal procedures provided in these policies.

A student placed on emergency suspension which is affirmed by the Vice Chancellor, Student Affairs, shall be given prompt written notice of the emergency suspension. The confirmation shall inform the student of the conduct which gave rise to the emergency suspension, and of the opportunity to obtain a prompt, special hearing on the suspension.

B. Appeal of Emergency Suspension

If emergency suspension is imposed on a student by a designated representative of the Dean of Students and is not voided pursuant to the provisions of above, the student may choose to have a special hearing on the issue of the necessity of the emergency suspension. The appeal shall be heard by a designated representative of the Dean of Students other than the representative imposing the emergency suspension. Such a hearing shall have scheduling priority and must occur within ten (10) business days of the imposed sanction. The student may be assisted at the hearing by a representative of the student’s choice. During the hearing, such representative may not speak on the student’s behalf. The student may present evidence supporting the discontinuance of the suspension.

The designated representative of the Office of the Dean of Students is obligated to investigate the facts which gave rise to the emergency suspension. Within three (3) business days of the conclusion of the appeal hearing, the Vice Chancellor, Student Affairs shall determine if the emergency suspension is necessary. If the Vice Chancellor, Student Affairs determines that the emergency suspension is unnecessary, they are authorized to void the emergency suspension. A voided or lifted emergency suspension shall have no bearing on University disciplinary proceedings arising from the conduct which gave rise to the emergency suspension. Any such disciplinary proceedings shall be conducted under the normal procedures described in this document.

If emergency suspension is neither voided nor lifted pursuant to the provisions above, the normal procedures provided for student disciplinary cases shall be followed, except that students under emergency suspension shall have a scheduling priority at each step of the proceedings.

60.00 Policy on Student Governments

61.00 – Status

Chancellors have authority to authorize or discontinue recognition of student governmental entities as official student governments, consistent with the status of such governments as official units of the University of California (see The Regents’ Policy on the Status of Associated Students). Such governments are responsible for representing student constituencies comprising either the student body as a whole or particular segments of it. Chancellors may also assign to such governments specified powers and other responsibilities concerning student affairs.

61.10 – Authority, Responsibility, and Purposes

Student governments shall have authority and responsibility over matters that are consistent with their enabling documents such as constitutions and by-laws, and with the University’s purposes for such governments as defined by these Policies and implementing campus regulations. It shall be the responsibility of student governments, in consultation with the Chancellor or the Chancellor’s designee, to ensure that their enabling documents, as well as all their programs and activities, are consistent with the status of such governments as official units of the University, and with the University’s purposes for such governments as set forth in Section 61.10-15 of these Policies, as well as with all other provisions of these Policies and with implementing campus regulations.

Consistent with the provisions of these Policies, the University’s purposes for student governments are:

61.11

To provide students with the educational benefits of participation in student government;

61.12

To provide a forum for the discussion of issues and ideas of interest, importance, and/or of concern to students;

61.13

To provide financial and other tangible support for student activities and organizations on a viewpoint-neutral basis, consistent with the provisions of Section 86.00 of these Policies, in order to foster a sense of community and to further discussion among students of the broadest range of ideas;

61.14

To communicate student views to audiences, including external governmental offices and agencies, consistent with the provisions of Sections 63.00 and 64.00 of these Policies; and

61.15

To provide such additional services to students as may be determined by the Chancellor or Chancellor’s designee to be consistent with the status of student governments as official units of the University and with the other provisions of these Policies.

62.00 – Support

Student governments may be supported by compulsory campus-based student fees as specified in Section 81.00 of these Policies and/or by voluntary student contributions as specified in Section 90.10 of these Policies.

63.00 – Right To Take Positions on Public Issues

Student governments shall have the right to address and take positions on public issues as consideration of such matters serves the University’s purposes for such governments as set forth in Section 61.10-15 of these Policies. Positions on issues taken by student governments shall not be represented as or deemed to be positions of any entity of the University other than the student government.

63.10

Student government legislation prohibits the funding of operational costs of organizations. Funding is only provided for specific programs which are open to the entire student population and serve to complement the University’s mission.

64.00 – Lobbying and Other Public Policy-Oriented Activities

Consistent with the University’s purposes for student governments as set forth in Section 61.10-15 of these Policies, student governments may undertake lobbying and other public policy-oriented activities on student-related matters, as defined in Section 64.01 and 64.02 of these Policies, supported by compulsory campus-based student fees and/or by voluntary student contributions.

The lobbying and other public policy-oriented activities of student governments serve the University’s purposes for such governments when such activities provide students with educational experiences in developing, discussing, and resolving positions on student-related matters, and articulating these positions through public and private discussions, meetings, and other forms of communication.

In furtherance of the University’s purposes for student governments, the educational benefit provided to students by such activities must outweigh any purpose of furthering a particular ideological or political viewpoint. Consistent with this requirement, all such activities must be established by and under the direct and exclusive control of student governments and their democratic processes, and offer opportunities for participation by University of California students in meaningful learning experiences.

64.01 – Definition of Lobbying Activities

The term “lobbying activities” as used in these Policies means the funding or sponsorship by student governments of any program or activity of such governments that involves direct contact (whether face-to-face, by telephone, or in writing) with non-University legislative or other governmental officials in order to communicate a student government position (including the supporting rationale for that position) on a student-related matter.

64.02 – Definition of Public Policy-Oriented Activities Other Than Lobbying

The term “other public policy-oriented activities” as used in these Policies means the funding or sponsorship by student governments of any program or activity of such governments (other than “lobbying activities” as defined in Section 64.01 of these Policies) that involves the communication to a University audience of a student government position (including the supporting rationale for that position) on a student-related matter.

64.10 – Systemwide Pro Rata Refund Requirement for Lobbying Activities

Any student objecting to a particular lobbying activity of student government (as defined in Section 64.01 of these Policies) supported by compulsory campus-based student fees is entitled to a pro rata refund of that portion of his or her fees that went to support the activity. Criteria and procedures for particular campus-based refund mechanisms shall be developed by campuses in consultation with their student governments, and with the Office of the President and the Office of the General Counsel as required, to ensure the compliance of such mechanisms with both these Policies and the law. Such criteria and procedures must provide that the availability of pro rata refunds be widely and frequently publicized among students, and that all requests for such refunds by objecting students be processed equitably and expeditiously. (See also Sections 70.83 and 86.13 of these Policies.)

64.20 – Pro Rata Refunds for Public Policy-Oriented Activities of Student Governments Other than Lobbying

In consultation with its student government or governments, a campus may at its discretion establish and administer a mechanism providing for a pro rata refund to any student of that portion of his or her compulsory campus-based student fees that has been allocated to support a particular public policy-oriented activity of student government other than lobbying (as defined in Section 64.02 of these Policies). Campuses are encouraged but not required to consult with the Office of the President and with the Office of General Counsel in the development of criteria and procedures for any such refund mechanism. Such criteria and procedures should provide that the availability of pro rata refunds be widely and frequently publicized among students, and that all requests for such refunds by objecting students be processed equitably and expeditiously. Establishment of such a refund mechanism for the public policy-oriented activities of student governments other than lobbying is not required either as a matter of University policy or the law. (See also Section 86.13 of these Policies.)

65.00 – Sponsorship of Speakers

Compulsory campus-based student fees allocated to student governments and/or voluntary contributions made to student governments may be expended to support speakers sponsored by those governments. The purpose of such support must be to stimulate on-campus discussion and debate on a wide range of issues. Student governments may bring in speakers as part of their public policy-oriented activities consistent with Sections 63.00 and 64.00 of these Policies. In the event that an allocation is made by a student government to sponsor a forum with speakers advocating for or against a candidate for a non-student-government office, or for or against an off-campus ballot proposition, the student government must make a good faith effort to invite a representative of the opposing campaign or campaigns to appear at the same time or, if this opportunity is declined, to appear at another time. (See also Sections 66.00 and 86.34 of these Policies.)

66.00 – Participation in Non-University Political Campaigns

Consistent with Section 41.10 of these Policies and with the University’s Legal Guidelines for UC Participating in Ballot Campaigns, student governments may not use University resources to support or oppose a particular candidate or ballot proposition in a non-University political campaign. This is not intended to preclude the use of such resources by student governments for legitimate educational purposes related to such non-University campaigns, in which information about competing candidates for government office and/or information about competing viewpoints with respect to particular ballot propositions is provided in a fair and balanced way. (See also Sections 65.00 and 86.34 of these Policies.)

67.00 – Fiscal Soundness and Fiscal Accountability

Chancellors are responsible for the fiscal soundness of student governments, and are responsible in addition for maintaining fiscal accountability over compulsory campus-based student fees and voluntary contributions collected from students to support student governments under the University’s authority. The allocation and expenditure of all such funds by student governments shall be in accordance with all applicable University policies.

In the discharge of these responsibilities, Chancellors may conduct audits of the finances of student governments, exercise control over expenditures of their funds when and to the extent necessary to maintain the financial solvency of student governments, and where required may take action to ensure that any financial or business activity under the control of student governments is operated in accordance with sound business practices and is consistent with legal requirements and University policies and procedures.

67.10 – Transfer of Compulsory Campus-Based Student Fees to Non-University Entities

Compulsory campus-based student fees may be expended by a student government to cover the expenses of direct participation by University students in a particular non-University-sponsored educational program or activity. Such fees may also be expended in payment of applicable dues necessary to sustain student government membership in national and other regional non-University associations at the basic level established by such associations, so long as the level of any such assessment is in line with what is assessed similar student organizations at other institutions comparable in size and nature to the University as a requirement of basic membership. Except as provided immediately below, memberships at a preferential level that require the payment of higher periodic dues than what is required to sustain basic membership, or the assessment by such non-University associations of supplemental contributions from their members as an expectation but not a requirement of continued membership, may not be supported from compulsory campus-based student fees.

Other than for considerations of basic membership as set forth above, additional transfers of funds from compulsory campus-based fees by a student government to such non-University associations may be made only when they can be justified, in advance of the transfer, to the Chancellor (or other campus official designated by the Chancellor with administrative oversight over student government) as providing a direct educational benefit to University of California students commensurate with the proposed expenditure.

Compulsory campus-based fees may not otherwise be expended by a student government in support of, or be otherwise transferred to, a non-University organization, program, or activity, except in payment for goods and services directly necessary to the operation of that student government, its programs or activities.

The referendum process set forth in Section 82.00 of these Policies shall not be available either to establish a new compulsory campus-based student fee, or to lock in an increase to an existing such fee, that is earmarked for the purpose of providing direct support to any non-University organization, program, or activity. (See also Sections 70.90 and 87.00 of these Policies.)

70.00 Policy on Registered Campus Organizations

70.10 – Definition; Registration and Membership Requirements

A Registered Campus Organization is an organization whose membership predominantly comprises students, faculty, and/or staff of a particular University campus, and that attains recognition as a Registered Campus Organization by complying with the requirements and procedures set forth in campus implementing regulations. Such regulations shall require that the organization furnish a written statement of its name and its purposes, signed by its officers or other authorized representatives, and that includes as well such other pertinent information as the campus may specify. Membership in a Registered Campus Organization shall be open to any student, consistent with the Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters, with the exception that membership in an officially recognized sorority or fraternity may be limited by gender. Membership in a Registered Campus Organization may be extended to individuals other than students, faculty, and staff, under conditions specified in campus implementing regulations. An authorized student government of a campus shall not be eligible for registration also as a Registered Campus Organization of that campus.

70.10 – Registration of Campus Organizations

All Registered Campus Organizations comprising of a majority (50%+1) of student members are entitled to a variety of services through the Office of the Dean of Students such as assistance with program planning, and advice on publicity, fund raising, and campus regulations. Organizations are strongly encouraged to find faculty or staff advisors. Assistance in securing advisors is provided by the Office of the Dean of Students.

A. Requirements for Registration

An organization may become a Registered Campus Organization by filing the following information with the Office of the Dean of Students.

1. Registration Forms (Including University Nondiscrimination Statement)

2. Financial Responsibility Statement –only current UCI students may serve as authorized signers. See 70.10 (E) for definition.

3. Constitution of the Organization

4. The Anti-hazing Compliance Form. (See Appendix 1 for Anti-Hazing Statute of the Education Code of the State of California.)

5. Acknowledgement of the Principles of Community

6. Completion of Campus Organization Orientation

7. Payment of annual registration fee

8. Acknowledgement of policy related to Registered Campus Organization Insurance

9. Acknowledgement of Student Conduct Policy

Registration must be renewed annually and is subject to revocation. Registration of any campus organization does not imply that such organizations are sponsored, endorsed, or favored by the University.

B. Change of Authorized Signer(s)

When a change in authorized signer(s) occurs, each Registered Campus Organization shall provide the name(s) of the new authorized signer(s) to the Office of the Dean of Students.

C. Membership of Non-University Persons

Non-University persons may participate in Registered Campus Organization activities as associate members. Associate members may not hold office, vote on organizational issues, or assume fiscal responsibility on behalf of the organization.

D. Financial Responsibility

A Registered Campus Organization sponsoring a function or supporting it by the use of its name or its funds shall be responsible for damage to University property occurring during the function and for the damages of its members or guests attending that function. It is also responsible for any outstanding debts or expenses incurred as a result of sponsorship activities as a result of actions of members or nonmembers.

If payments to any individual (vendor) for services exceed $600 in a calendar year, the sponsoring Registered Campus Organization is required to report those payments to the Internal Revenue Service on a 1099 form.

E. Authorized Signer(s)

Officers and members acting in executive positions in Registered Campus Organizations are responsible for the activities of their organizations. Authorized Signers are defined as members or officers who sign on behalf of the Registered Campus Organization and agree to be jointly or individually liable for all debts and obligations to the University incurred by their organization. Individual members or officers of Registered Campus Organizations that are designated as Authorized Signers read and sign theFinancial Responsibility Statement and agree to comply.

F. Faculty and Staff Advisors

It is strongly encouraged that Registered Campus Organizations find a faculty or staff advisor. Assistance in securing an advisor is provided by the Office of the Dean of Students.

G. Officially Recognized Fraternities and Sororities

Refer to the Greek Life Recognition Guidelines

70.20 – Requirements for Funding from Compulsory Campus-Based Student Fees

A Registered Campus Organization that is preponderantly or exclusively funded by a student government or other campus entity from compulsory campus-based student fees shall primarily have University of California students as its members. Particular programs and activities of a Registered Campus Organization funded from compulsory campus-based student fees shall be open to participation by the entire campus community. In addition, all expenditures relating to particular programs and activities of a Registered Campus Organization (whether the program or activity takes place on- or off-campus) that are funded from such fees must be under the direct control of University of California students. (See also Section 86.11 of these Policies.)

70.30 – Conduct and Discipline

A Registered Campus Organization is required to comply with University policies and campus regulations as well as applicable laws or it will be subject to revocation of registration, loss of privileges, or other sanctions. In denying or revoking registration or applying sanctions, campus regulations shall provide an opportunity for a hearing with basic standards of procedural due process.

70.30 – Compliance with University Policies and Campus Regulations

Whether on or off campus, Registered Campus Organizations members are expected to comply with University policies and campus regulations. Violations may result in the revocation of registration or other sanctions as listed in Section 105.00. Situations or incidents involving alleged violations will be referred to the proper conduct officer or body for review and/or action. See Section 103.00 for Student Discipline Procedures.

Section 110.00 (Student Grievance Procedures) establishes the process for review of a denied or revoked registration of a campus organization.

70.40 – Use of University Name

A Registered Campus Organization shall not use the name of the University of California or abbreviations thereof as a part of its own name except in accordance with applicable law and University policy (including, but not limited to, State of California Education Code, Section 92000, and the Presidential Policy to Permit Use of the University’s Name) as well as campus implementing regulations.

70.40 – Use of the University Name by a Registered Campus Organization

Permission to use the name of the University of California, Irvine, or any abbreviation thereof as part of the Registered Campus Organization’s name may be granted only by the Chancellor or the Chancellor’s designee.

1. A Registered Campus Organization shall not use the name of the University of California or abbreviations thereof as part of its own name. For the purpose of geographical designation, “at UCI” may be used as part of the directions.

2. A Registered Campus Organization may state that its membership is composed of students, faculty, and staff of the University of California, but shall not indicate or imply that it is acting on behalf of the University or with its approval or sponsorship.

3. Student-produced publications, student-operated radio television stations, and Registered Campus Organizations may take positions on issues but must avoid any implications that they are representing the views of the University, or the student government, or the student body as a whole.

70.50 – Use of University Properties

Any use of University properties and services by a Registered Campus Organization must conform to Section 40.00 of these Policies and applicable campus time, place, and manner regulations.

70.60 – Fiscal Accountability

Chancellors may investigate, through audits or other means, and take action to ensure that the fiscal activities of a Registered Campus Organization comply with legal requirements and University policies and procedures.

70.70 – University Sponsorship

As provided in Section 41.00 of these Policies, a Registered Campus Organization that uses University property, services, or other resources must avoid any unauthorized implication that it is sponsored, endorsed, or favored by the University.

70.80 – Support

A Registered Campus Organization or Registered Campus Organization-related program or activity may be supported from compulsory campus-based student fees and/or from voluntary contributions under conditions set forth in Sections 86.00 and 90.00 respectively of these Policies.

70.81

The referendum process set forth in Section 82.00 of these Policies shall not be accessible to a Registered Campus Organization or any student group other than a student government. The foregoing is not intended to preclude access to the referendum process by any administrative unit of the University, subject to appropriate student consultation. Support for a Registered Campus Organization or any student group other than a student government from compulsory campus-based student fees must be in the form of a reallocation from student government or other appropriate campus entity to the Registered Campus Organization or other student group. All such reallocations must be made consistent with the requirements for viewpoint-neutral funding set forth in Sections 70.82, 86.20, and 86.30 of these Policies. (See also Section 86.12 of these Policies.)

70.82

Any process adopted by a student government or other campus entity to provide support to a Registered Campus Organization or Registered Campus Organization-related program or activity from compulsory campus-based student fees must employ solely viewpoint-neutral criteria as set forth in Section 86.30 of these Policies.

70.83

A student government in consultation with the campus, or a campus with the concurrence of the student government, may at its discretion establish and administer a mechanism providing for a pro rata refund to any student of that portion of his or her compulsory campus-based student fees that has been allocated by a student government or other campus entity to support a particular Registered Campus Organization or Registered Campus Organization-related program or activity. Establishment of such a refund mechanism is not required either as a matter of University policy or the law. (See also Section 86.13 of these Policies.)

70.90 – Transfer of Compulsory Campus-Based Student Fees to Non-University Entities

Compulsory campus-based student fees may be expended by a Registered Campus Organization to cover the expenses of direct participation by University students in a particular non-University-sponsored educational program or activity. Such fees may also be expended for the payment of applicable dues necessary to sustain membership by a Registered Campus Organization in national and other regional non-University associations at the basic level established by such associations, so long as the level of any such assessment is in line with what is assessed similar student organizations at other institutions comparable in size and nature to the University as a requirement of basic membership. Except as provided immediately below, memberships at a preferential level that require the payment of higher periodic dues than what is required to sustain basic membership, or the assessment by such non-University associations of supplemental contributions from their members as an expectation but not a requirement of continued membership, may not be supported from compulsory campus-based student fees.

Other than for considerations of basic membership as set forth above, additional transfers of funds from compulsory campus-based student fees by a Registered Campus Organization to such non-University associations may be made only when they can be justified, in advance of the transfer, to the Chancellor (or other campus official designated by the Chancellor with administrative oversight over Registered Campus Organizations) as providing a direct educational benefit to University of California students commensurate with the proposed expenditure.

Compulsory campus-based fees may not otherwise be expended by a Registered Campus Organization in support of, or be otherwise transferred to, a non-University organization, program, or activity, except in payment for goods and services directly necessary to the operation of the Registered Campus Organization, its programs or activities.

The referendum process set forth in Section 82.00 of these Policies shall not be available either to establish a new compulsory campus-based student fee, or to lock in an increase to an existing such fee, for the purpose of supporting any non-University organization, program, or activity. (See also Sections 67.10 and 87.00 of these Policies).

80.00 Policy on Compulsory Campus-Based Student Fees

The Regents have authority to impose fees for any University purpose. All campus-based student fees at a campus must be approved by the Chancellor of that campus, except that no compulsory campus-based fees shall be effective until also approved either by The Regents or by the President under the President’s delegated authority, as appropriate.

81.00 – Compulsory Campus-Based Student Fees: Definition and Exclusions; Provision for Return-to-Aid

81.10 Definition and Exclusions

Compulsory campus-based student fees are fees levied at individual campuses that must be paid by all registered students to whom the fee applies. Such fees may be used to fund: (1) student-related services and programs, including, but not limited to, referenda-based student health insurance programs; (2) construction and renovation of student buildings and other facilities such as student centers and recreation facilities; and (3) authorized student governments (as defined in Section 61.00 of the Policy on Student Governments), Registered Campus Organizations, and student government- and Registered Campus Organization-related programs, events, and other activities.

This Policy does not apply to Universitywide fees, to non-referendum-based campus health insurance fees that may be assessed to meet a non-academic condition of enrollment established by either The Regents or the President, to fees related to instruction, or to campus-based miscellaneous fees that require either the Chancellor’s or the President’s approval.

81.10 (See Appendix 6 – Policy for Student Fee Funded Facilities)

81.20 – Provision for Return-to-Aid

Effective from the date of final issuance of this Policy as revised on April 14, 2006, any compulsory campus-based student fee approved as either a new fee or an increase to an existing fee shall provide for fee revenue for local need-based financial aid (“return-to-aid”) to be set aside in an amount equal to at least 25% of the total new fee or fee increase as appropriate. The return-to-aid generated by undergraduate students shall be reserved for undergraduate student financial support and the return-to-aid generated by graduate and professional students shall be reserved for graduate and professional student financial support.

Campuses also are strongly encouraged to seek future student approval, through the referendum process, of either separate new fees or increases to existing fees that would provide financial aid to cover the need associated with all existing compulsory campus-based student fees that do not already include return-to-aid as of the date of final issuance of this Policy as revised on April 14, 2006, and that are thus exempt from the new return-to-aid requirement.

Any campus-based fee (whether referendum-based or non-referendum-based) that is charged to a student as a premium to purchase health insurance for that student shall be exempt from any return-to-aid requirement. This exemption shall not extend to campus-based fees that have been approved by students through the referendum process for the purpose of providing direct support to campus student health centers.

82.00 – Referendum Requirement for Establishing, Increasing, or Renewing Compulsory Campus-Based Student Fees

Compulsory campus-based student fees may only be established, increased, or renewed following a referendum in which students vote in favor of the compulsory fees, except as provided in Section 83.00 of these Policies.

83.00 – Exceptions to the Referendum Requirement

83.10

A new compulsory campus-based student fee, or an increase to or renewal of an existing such fee, may be approved by The Regents subject to the President’s and the Chancellor’s recommendation, and does not require a student referendum, under any of the following circumstances:

83.11

When a student referendum was not specifically required for increases in a compulsory campus-based student fee, as established in the original ballot measure language approved by students in a student election;

83.12

When the Chancellor determines that a new fee, or an increase to or renewal of an existing fee, is necessary for the health and safety of students, and when that fee or fee increase or renewal is specifically related to the maintenance of the safety of a building or other facility that is funded, wholly or in significant part (as determined by the Chancellor with the concurrence of the Office of the President) by student fees. Safety issues are those that are potentially dangerous consistent with the standards set forth in the University Policy on Seismic Safety and the University Policy on Management of Health, Safety, and the Environment, as determined by the Chancellor with the concurrence of the Office of the President, such as those that relate to the risk of fire, the presence of asbestos, or the existence of seismic or other structural deficits.

Any new fee, or any increase to or renewal of an existing fee, established under the provisions of this Section shall be retired once the fee’s stated purpose is fulfilled. Upon the recommendation of the President, the Chancellor may petition The Regents for continuation of any such new fee, fee increase, or fee renewal in advance of its retirement.

For buildings or other facilities with multiple uses, whenever possible the costs to students for funding safety-related or health-related maintenance should be based on the proportion of current non-academic student use of the building or other facility; or

83.13

When a new fee, or an increase to or renewal of an existing fee, is necessary to meet legal requirements (such as new code requirements) or contractual obligations (such as income projections) specified in the funding covenants of a building or other facility that is funded wholly or in significant part by student fees. For buildings or other facilities with multiple uses, whenever possible the costs to students for such increases should be based on the proportion of current non-academic student use of the building or other facility.

84.00 – Procedures and Required Approvals for Establishing, Increasing, or Renewing a Compulsory Campus-Based Student Fee

84.10

Except as provided in Section 83.00 of these Policies, to establish, increase, or renew a compulsory campus-based student fee Chancellors shall establish in campus implementing regulations, prior to any student referendum, procedures that meet at least the following minimum systemwide standards for such referenda:

84.11

Procedures for student consultation including consultation with student governments and campus student fee committees and, in the case of compulsory campus-based-student-fee funded buildings or other facilities, procedures for continuing student consultation once the building or other facility is constructed;

84.12

A requirement for a minimum voting pool of at least 20% of all students eligible to vote in a particular student election, subject to the following:

a. Chancellor may, in exceptional circumstances and on a case-by-case basis, petition the President in advance of a particular student election for approval of a lower minimum voting pool requirement for that election;

b. for any ballot measure in support of a non-capital-project-related campus program, where voter eligibility is limited to graduate and/or professional students, a Chancellor may set the minimum voting pool, for that ballot measure only, at a lower level (based on historical graduate and professional student voter turnout rates for the campus), without petitioning the President in advance for approval;

84.13

A requirement for at least majority-vote approval by students voting on a particular ballot measure, for that ballot measure to be successful;

84.14

A requirement that each proposed new compulsory campus-based fee, or proposed increase to or renewal of any existing such fee, (except as specified in Section 83.00 of this Policy above) be voted on by students as a separate ballot measure in a student election, except that multiple proposed new such fees or fee increases or renewals may be aggregated into a single ballot measure where the proposed fees or fee increases or renewals strongly and clearly support a common student life, student services, or other programmatically related goal;

84.15

A requirement that the actual language of any ballot measure in a student election that is intended to fund either construction of a new building or other facility, or major renovation of an existing building or other facility, explicitly state:

1. whether the fee will be continued following retirement of the original debt on the new construction or major renovation, and

2. if the fee is to be continued, the purpose or purposes for which the fee will be used, as well as the mechanism that will be used to determine the level at which the fee will be set, following retirement of the original debt (please note that, as a general principle, campuses are encouraged to continue such fees at an appropriately adjusted level following retirement of the original debt, to provide for the actual costs associated with long-term building or other facility maintenance needs); and

84.16

A requirement that payment by students of compulsory campus-based student fees to support student-referendum-funded construction of new buildings or other facilities, or major renovation of existing buildings or other facilities, be initiated only from the time that students can actually benefit from and use the new or renovated building or other facility, except as specified immediately below.

Notwithstanding this requirement, a campus may assess students a pro rata percentage of any such fee in advance of completion of the new or renovated building or other facility for the purpose of supporting the design and planning costs, project mitigations, and financing costs associated with construction or renovation of the building or other facility, provided that both the purpose and level of this assessment are approved by students as part of the original ballot measure for the new or renovated building or other facility.

84.20

All student referendum results are advisory to the Chancellor and, conditional on the Chancellor’s recommendation, are subject to final approval by the President under the authority delegated to the President by The Regents.

85.00 Requirements For Reducing or Eliminating a Compulsory Campus-Based Student Fee

Chancellors shall establish in campus regulations procedures for reducing or eliminating a compulsory campus-based student fee.

85.00

The redirection or re-appropriation of any existing mandatory student government fee, i.e., ASUCI, AGS, GSMSA or AMSG, is not appropriate or in accordance with University or Regental delegated authority. Locking in a specific dollar amount to be appropriated for a specific program, organization, or service would be an example of an inappropriate redirection or re-appropriation action.

86.00 – Support for Registered Campus Organizations and Related Programs and Activities from Compulsory Campus-Based Student Fees [replaces the University of California Guidelines for Funding Registered Campus Organizations and Related Programmatic Activities by Compulsory Student Fees, as revised October 26, 1999]

86.10 – Conditions for Support

Compulsory campus-based student fees allocated to student government may be reallocated to support Registered Campus Organizations and Registered Campus Organization-related programs and activities consistent with the University’s educational purposes in providing such support, as set forth in Section 86.20 of these Policies. The process for making such reallocations must be based solely on viewpoint-neutral criteria, as set forth in Section 86.30 of these Policies.

86.11

A Registered Campus Organization that is preponderantly or exclusively funded by a student government or other campus entity from compulsory campus-based student fees shall primarily have University of California students as its members. Particular programs and activities of a Registered Campus Organization funded from compulsory campus-based student fees shall be open to participation by the entire campus community. In addition, all expenditures relating to particular programs and activities of a Registered Campus Organization (whether the program or activity takes place on- or off-campus) that are funded from such fees must be under the direct control of University of California students. (See also Section 70.20 of these Policies.)

86.12

The referendum process set forth in Section 82.00 of these Policies shall not be accessible to a Registered Campus Organization or any student group other than a student government. The foregoing is not intended to preclude access to the referendum process by any administrative unit of the University, subject to appropriate student consultation. Support for a Registered Campus Organization or any student group other than a student government from compulsory campus-based student fees must be in the form of a reallocation from student government or other appropriate campus entity to the Registered Campus Organization or other student group. All such reallocations must be made consistent with the requirements for viewpoint-neutral funding set forth in Sections 86.20 and 86.30 of these Policies. (See also Section 70.81 of these Policies.)

86.13

A student government in consultation with the campus, or a campus with the concurrence of the student government, may at its discretion establish and administer a mechanism providing for a pro rata refund to any student of that portion of his or her student government fees that are allocated by a student government or other campus entity to support a particular Registered Campus Organization or Registered Campus Organization-related program or activity. Establishment of such a refund mechanism is not required either as a matter of University policy or the law. (See also Section 70.83 of these Policies.)

86.20 – The University’s Educational Purposes

The University’s educational purposes are served when reallocations by a student government or other campus entity of compulsory campus-based student fees to support Registered Campus Organizations and Registered Campus Organization-related programs and activities are made: (1) to provide opportunities for the educational benefits and personal and social enrichment that derive from participation in extracurricular programs and activities; and (2) to stimulate on-campus discussion and debate on a wide range of issues from a variety of viewpoints.

Consistent with the above purposes, such reallocations shall only be made to support either the general organizational expenses of Registered Campus Organizations and Registered Campus Organization-related programs and activities or their associated communicative purposes.

In addition, allocation decisions to provide such support must be made without regard to the viewpoint of a particular Registered Campus Organization or Registered Campus Organization-related program or activity, and must be balanced in relation to the support provided to other Registered Campus Organizations or Registered Campus Organization-related programs and activities in similar circumstances.

86.30 – Campus Procedures and Criteria to Assure Viewpoint Neutrality

In fulfilling these purposes consistent with applicable law and Section 86.20 of these Policies, campuses shall have responsibility for ensuring that student governments and, as applicable, other campus reallocation entities, maintain procedures and criteria for making specific reallocation decisions for the support of Registered Campus Organizations and Registered Campus Organization-related programs and activities from compulsory campus-based student fees. Such procedures and criteria must be viewpoint-neutral in their nature; that is, they must be based upon considerations which do not include approval or disapproval of the viewpoint of the Registered Campus Organization or any of its related programs or activities.

86.31

Criteria appropriate to be given balanced consideration in the making of viewpoint-neutral reallocation decisions might include, but are not limited to: the objectively documented organizational needs of the Registered Campus Organization based on membership size; its office or equipment requirements; the extent of financial support the Registered Campus Organization receives from other sources; or the production costs associated with a particular event or series of events the Registered Campus Organization typically sponsors. Such sponsored events supported in whole or in part by compulsory campus-based student fees need not avoid controversial political, religious, or ideological content, subject to the understanding that under current University policy (see Section 30.20 of the Policy on Speech and Advocacy) campuses have a responsibility to assure an ongoing opportunity for the expression of a variety of viewpoints.

86.32

Campus procedures and criteria shall provide: (a) that student governments or other campus entities responsible for reallocating compulsory campus-based student fees must publicize widely and regularly to Registered Campus Organizations the availability of such funds to support Registered Campus Organizations on a viewpoint-neutral basis, as well as the viewpoint-neutral criteria on the basis of which such funds will be reallocated; and (b) that communications to Registered Campus Organizations on the availability of such funds must be made in a timely fashion, and be reiterated periodically during the year as long as such funds remain available, to ensure sufficient time for the preparation of funding proposals in advance of funding decisions.

86.33

Campus criteria and procedures shall also provide for: (a) documentation of all funding processes available to Registered Campus Organizations, including notice of the opportunity to apply for funding and the criteria upon which funding requests will be judged, consistent with Section 86.32 of these Policies; (b) documentation of all funding requests by Registered Campus Organizations and actions taken by the student government or other campus entity with reference to the published funding criteria in response to such requests; and (c) a formal process that allows Registered Campus Organizations or individual students to appeal, in a reasonable and timely manner, funding decisions regarding particular Registered Campus Organizations or Registered Campus Organization-related programs and activities made by the student government or other campus reallocating entity.

86.34

Compulsory campus-based student fees may be reallocated to pay for speakers sponsored by Registered Campus Organizations. Over time, such events should stimulate on-campus discussion and debate from a wide range of viewpoints on a variety of issues.

86.40 – Legal Review of Campus Procedures and Criteria

Campus procedures and criteria for reallocation of compulsory campus-based student fees to support Registered Campus Organizations and Registered Campus Organization-related programs and activities on a viewpoint-neutral basis must be reviewed by the Office of the General Counsel to ensure that the procedures and criteria are consistent with the law and these Policies. In addition, campuses are advised to consult with the Office of the General Counsel should a question arise about whether a particular reallocation is viewpoint-neutral in nature and meets the University’s educational purposes as specified in Section 86.20 of these Policies.

87.00 – Transfer of Compulsory Campus-Based Student Fees to Non-University Entities

Compulsory campus-based student fees may be expended by a student government, Registered Campus Organization, or other campus entity to cover the expenses of direct participation by University students in a particular non-University-sponsored educational program or activity. Such fees may also be expended in payment of applicable dues necessary to sustain membership by a student government or Registered Campus Organization in national and other regional non-University associations at the basic level established by such associations, so long as the level of any such assessment is in line with what is assessed similar student organizations at other institutions comparable in size and nature to the University as a requirement of basic membership. Except as provided immediately below, memberships at a preferential level that require the payment of higher periodic dues than what is required to sustain basic membership, or the assessment by such non-University associations of supplemental contributions from their members as an expectation but not a requirement of continued membership, may not be supported from compulsory campus-based student fees.

Other than for considerations of basic membership as set forth above, additional transfers of funds from compulsory campus-based fees by a student government, Registered Campus Organization, or other campus entity to such non-University associations may be made only when they can be justified, in advance of the transfer, to the Chancellor (or other campus official designated by the Chancellor with administrative oversight over the student government, Registered Campus Organization, or other campus entity) as providing a direct educational benefit to University of California students commensurate with the proposed expenditure.

Compulsory campus-based student fees may not otherwise be expended by a student government, Registered Campus Organization, or other campus entity in support of, or be otherwise transferred to, a non-University organization, program, or activity, except in payment for goods and services directly necessary to the operation of that student government, Registered Campus Organization, or other campus entity, its programs or activities.

The referendum process set forth in Section 82.00 of these Policies shall not be available either to establish a new compulsory campus-based student fee, or to lock in an increase to an existing such fee, for the purpose of supporting any non-University organization, program, or activity. (See also Sections 67.10 and 70.90 of these Policies.)

90.00 Policy on the Campus Assessment of Voluntary Student Contributions to Student Governments and Registered Campus Organizations

90.10 – Campus Procedures

In furtherance of the University’s stated goal of actively encouraging voluntary student support for the programs and activities of student governments and Registered Campus Organizations, and consistent with the University of California Guidelines for Implementing a Voluntary Student Fee Pledge System, Chancellors may establish procedures permitting the use of the student registration process or other formal campus assessment process to collect voluntary contributions from students in support of student governments and their related programs and activities, as well as Registered Campus Organizations and their related programs and activities when they serve the interests of students enrolled at the University. No program or activity of a student government or a Registered Campus Organization may be supported by voluntary contributions collected through a formal campus assessment process unless that program or activity is also in compliance with all other applicable University policies and the law.

Campuses shall consult broadly with representatives of student government in the development of such assessment and collection procedures. Such procedures:

90.11

Shall require that any voluntary contribution assessed through the student registration process or other formal campus assessment process be collected only from those students who have affirmatively elected by means of a positive check-off mechanism to authorize such an assessment;

90.12

Shall require either a student referendum (conducted under the same criteria as for compulsory campus-based student fees as set forth in Section 84.00 of these Policies) or, subject to the concurrence of the Chancellor or Chancellor’s designee, a duly adopted resolution of student government, to authorize use (consistent with the University of California Guidelines for Implementing a Voluntary Student Fee Pledge System) of the student registration process or other formal campus assessment process for the collection of voluntary contributions;

90.13

Shall require that the actual costs (as defined in Section 8 of the University of California Guidelines for Implementing a Voluntary Student Fee Pledge System) of the collection of voluntary contributions to benefit a Registered Campus Organization be borne by the Registered Campus Organization (at the discretion of the Chancellor or Chancellor’s designee, all or a part of the actual costs of collection of voluntary contributions to benefit a student government may or may not be required to be borne by the student government); and

90.14

Shall require that a written disclaimer be incorporated into the ballot measure language (or the duly adopted resolution of student government) at the time of authorization, and into the student registration or other formal campus assessment process at the time of collection. This disclaimer shall state that the collection of such voluntary contributions through the University’s agency for support of the programs and activities of student governments or Registered Campus Organizations does not constitute sponsorship or endorsement by the University (or, in the case of the programs and activities of student governments, does not constitute sponsorship or endorsement by any entity of the University other than the student government).

90.20

These Policies shall apply only to voluntary contributions collected from students as part of the student registration process or other formal campus assessment process and shall not apply to voluntary contributions solicited from students as part of the more general fund-raising activities of any University or University-affiliated entity. Student governments and Registered Campus Organizations engaged in more general fund-raising activities are subject to all other applicable University policies relating to the fund-raising activities of University and University-affiliated entities.

110.00 Policy on Student Grievance Procedures

111.00

Chancellors shall develop and submit for approval by the Office of the President, and in consultation with the UC Legal, procedures to resolve grievances claiming to have been the subject of any of the following types of University action:

111.10

Violation of the privacy rights accorded by the Federal Family Educational Rights and Privacy Act of 1974, portions of the State of California Education Code, and the Policies Applying to the Disclosure of Information from Student Records (see Section 130.00);

111.20

Discriminatory practices based upon sex, under Title IX of the Education Amendments of 1972 or applicable federal or state laws, or under the Student-Related Policy Applying to Nondiscrimination on the Basis of Sex (see Section 150.00), the University of California Policy on Sexual Violence and Sexual Harassment, and the University of California Anti-Discrimination Policy;

111.30

Discriminatory practices based upon disability, under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 or under the Guidelines Applying to Nondiscrimination on the Basis of Disability (see Section 140.00); and the University of California Anti-Discrimination Policy;

111.40

Discriminatory practices based upon race, color, or national origin, under Title VI of the Civil Rights Act of 1964; the University of California Anti-Discrimination Policy; and

111.50

Other types of actions that may be grieved, such as discrimination on the basis of sexual orientation, age, or marital status, as specified in the University of California Anti-Discrimination Policy and in campus regulations.

112.00

Campus student grievance procedures shall be developed with student consultation, and shall at a minimum meet the requirements of applicable federal anti-discrimination and privacy laws. Once adopted, they shall serve as the sole remedy within the University for nonacademic student grievances brought pursuant to any such law.

112.00a

Grievances of discrimination specified in Sections 111.20 to 111.50 shall be filed with and resolved by the Office of Equal Opportunity and Diversity.

113.00

As provided in state law, civil or criminal law remedies including injunctions, restraining or other court orders, and monetary damages also may be available to complainants.

114.00

Assignment of grades to students enrolled in University classes is the exclusive prerogative of University faculty. Grade-related and other academic grievances are covered under separate policies established in consultation with the Academic Senate.

114.00

In accordance with Academic Senate policies, grade changes are authorized as follows:

A. Change of Grade – Clerical or Procedural Error

The Registrar is authorized to change a final grade upon written request of an instructor provided a clerical or procedural error is the reason for the change.

B. Change of Grade – Grievance Redress

The Divisional Chair of the Academic Senate is authorized to direct the Registrar to change a final grade according to the provisions of (a) Student Academic Grievance Procedure 1.26 (See Appendix II of The Manual of the Academic Senate) or (b) Irvine Regulation A365(B), both of which require that a determination be made that a grade was assigned base on discrimination for reasons of race, color, religion, marital status, national origin, sex, or within the limits imposed by law or University regulations, because of age or citizenship.

Refer to The Manual of the Academic Senate, Irvine Regulation A365 and Appendix II of the same Manual.

120.00 Policy on Student Participation in Governance

As members of the campus community, students have a substantial interest in the governance of the University. Their participation has increased significantly in the last decades, and the University has benefitted from it. It is the intent of this Policy to reaffirm the University’s commitment to the principle of student involvement in governance in both administrative and academic areas and to state the primary purposes and goals of that involvement.

This commitment is based on the premise that student participation is vital to a vigorous intellectual exchange and the furtherance of the objectives of University education and research. Appropriate, effective, and productive student involvement, consistent with the development of policies that reflect the total needs of the University, is the goal.

The governance of the University involves more than the process of making decisions. The process of governance provides a forum for group interaction, expression of concerns, exploration of feasible solutions, and reconciliation of diverse viewpoints. Within this context, student participation serves several functions.

First, it is important to the sound development of policy. Student views and advice, often from special perspectives, provide for more informed University decision making. Participation should be encouraged and strengthened through the involvement of all levels of student representation.

Second, there is a recognition that students have a vital interest in decisions directly related to policies and programs affecting their academic and non-academic experience at the University. Clear procedures are required to ensure that students are afforded access to needed information, an opportunity to share ideas, and encouragement to express concerns, both formally and informally.

Finally, student participation is crucial to ensure that student viewpoints are considered on issues of importance to the University community. This communication provides opportunities for testing assumptions, for understanding the attitudes of others, for sharing information, and for developing understanding and mutual trust among constituencies. The special nature of the University requires a sense of community. While every decision may not be wholly satisfactory to all parties, the governance process should provide a forum for candid discussion.

Efforts should continue to be directed toward improving not only the extent but also the quality and effectiveness of student involvement. To these ends, the University must work to achieve several goals.

First, the processes central to student involvement, including the selection, training, and continuity of student participants, need to be clearly understood by all members of the campus community and periodically reexamined. Care should be taken, in particular, that the process of reaching decisions in campus governance is openly communicated and well understood. Second, building on existing mechanisms, means for student participation in administrative and academic areas should be developed and implemented on the campuses and in the Office of the President; it is important that a variety of ways be provided to ensure that the University gains full benefit from student participation in those areas. Third, areas where students are not now participating need to be examined. In this regard, ways should be sought to enhance student involvement in academic departments, where important decisions that affect students are made.

In order to achieve these goals, each campus has developed a plan for student participation. Essential to the success of such plans is a periodic review of the procedures used by campus academic and administrative departments, student governments, and other student organizations, and an evaluation of progress toward implementation of the plan. This review process should involve broad consultation with the campus community, including formal consultation with student governments and the Academic Senate. Campus plans for student participation in institutional governance should be made readily available for review. Matters which have been delegated by The Regents to the Academic Senate are beyond the scope of these campus plans, but direct discussions between students and the Academic Senate on student participation in the deliberations of the Senate should continue.

130.00 Policies Applying to the Disclosure of Information from Student Records

130.10 – Introduction

130.11

University of California campuses maintain various types of records pertaining to students. Some are maintained for academic purposes; others, such as medical records, are maintained for other specific purposes.

These policies apply only to records directly related to students as students, hereafter referred to as ‘student records’ in these policies (also see Section 130.233). The disclosure of information from student records is generally governed by the Federal Family Educational Rights and Privacy Act (FERPA).

These policies are not applicable to other records that are maintained for purposes unrelated to a student’s status as a student. Specific categories of such records are identified in Section 130.234. The disclosure of information from such records is governed by the California Information Practices Act.

It is the purpose of these policies to provide reasonable interpretations of the Federal Family Educational Rights and Privacy Act and to protect the student’s right of privacy as guaranteed by the Constitution of the State of California and the Information Practices Act. When the law is silent, the campuses shall be guided by two principles: (1) the privacy of an individual is of great weight, and (2) the information in a student’s file should be disclosed to the student on request.

130.12

These policies supersede the University of California Policies Applying to the Disclosure of Information from Student Records, Policies Applying to Campus Activities, Organizations, and Students, dated April 25, 2002. They incorporate the requirements set forth in the regulations implementing the Federal Family Educational Rights and Privacy Act and all amendments thereto through January 8, 2009.

130.12a These policies supersede the UCI campus implementation guidelines of “Policies Applying to Disclosure of Information from Student Records” published August 1996.

130.13

Although not strictly required under federal law, as a matter of University policy, for the purposes of implementing the provisions of the Family Educational Rights and Privacy Act, the University generally views itself as thirteen separate institutions, rather than as a single entity. The thirteen institutions include the nine general campuses, the one health sciences campus, and the three Department of Energy Laboratories operated by the University. Therefore, personally identifiable information contained in student records maintained by one campus may not be disclosed to the other campuses without the written consent of the student, unless the disclosure is consistent with the provisions of Section 130.70 of these Policies. Such information may be disclosed by any campus to the Office of the President, as permitted by Section 130.721(a)(2) of these Policies.

130.20 – Definitions

The following terms are defined for the purposes of these policies and campus implementing regulations made in accordance with them.

130.210 – Student

130.211

A “student” is an individual for whom the University maintains student records and who:

(a) is enrolled in or registered with an academic program of the University;

(b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or

(c) is on an approved educational leave or other approved leave status, or is on filing-fee status.

130.211a An applicant is considered a UCI student once they officially notify UCI they intend to register, e.g., the Statement of Intent to Register is submitted.

130.212

“Enrolled in or registered with” as specified in these policies is equivalent to the term “attendance” as used in the Family Educational Rights and Privacy Act. The University uses enrollment and registration rather than attendance as a measure of student status.

130.220 – Record

“Record” means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

130.230 – Student Records

130.231

“Student records” are those records that contain information directly related to a student and that are maintained by a University of California campus, the University of California Office of the President, or by any organization authorized to act on behalf of the University.

130.232

Student records include, but are not limited to, academic evaluations, including student examination papers, transcripts, test scores and other academic records; general counseling and advising records; disciplinary records; and financial aid records, including student loan collection records.

130.233

The term “student records” as used in these policies is synonymous with the term “education records” in the Federal Family Educational Rights and Privacy Act.

130.234

The term “student records” does not include the following records, and therefore such records are not governed by these Policies, except as described in subsection (d).

a. Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons, which:

1. Are kept in the sole possession of the maker of the record; and
2. Are not accessible or revealed to any other individual, except to an individual who performs on a temporary basis the duties of the individual who made the record.

b. Campus Police records which are created and maintained by campus police solely for law enforcement purposes.

c. Employment records, when University employment did not result from and does not depend upon the fact that an individual is a student at the University, provided that the employment records:

1. Relate exclusively to the individual in that individual’s capacity as a University employee;
2. Are made and maintained in the normal course of business; and
3. Are not available for use for any other purpose.

All records relating to a student who is also an employee of the University are included in the definition of student records, if the student’s employment is contingent upon the fact that he or she is a student. For example, work-study program records are student records.

d. Health records which:

1. Are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity;
2. Are created, maintained, or used only in connection with the provision of treatment to the student; and
3. Are not disclosed to anyone other than individuals providing the treatment, except that the records may be personally reviewed by a physician or other appropriate professional of the student’s choice.

For the purpose of this definition, “treatment” does not include academic and career advising, tutoring, disability management counseling, or any activities which are part of the program of instruction offered by the campuses.

These are commonly referred to as “treatment records.” Despite the fact that these “treatment records” fall outside the definition of student records, they may only be disclosed for treatment purposes, or under the conditions that apply to student records under Section 130.70 of this Policy. In addition, please note that “treatment records,” like student records, are not subject to the HIPPA Privacy Rule’s restrictions on use and disclosure.

e. Applicant records of individuals who do not enroll in or register with an academic program of the University. If and when applicants become students, their applicant records become student records, which are then accorded the same privacy rights as any other student records governed by these policies. Insofar as applicant records are not student records, they are governed by the privacy protections found in the California Information Practices Act (Civil Code §1798 et seq). See Section 130.210 for definition of “student.”

f. Records (i.e., alumni records) created or received by the University after an individual is no longer a student, and that are not directly related to the individual’s attendance as a student.

g. Grades on peer-graded papers before they are collected and recorded by a University representative (e.g., a faculty member or T.A.)

130.240 – Personally Identifiable Information

130.241

The term “personally identifiable information” means any information that identifies or describes a student. It includes, but is not limited to: 

• a student’s name; 
• the name of a student’s parent or other family members; 
• the address of a student or student’s family;
• any personal identifier such as a student’s social security number, student number or biometric record; 
• other indirect identifiers such as the student’s date of birth, place of birth, and mother’s maiden name; 
• other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the campus community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
• information requested by a person who the University reasonably believes knows the identity of the student to whom the student record relates.

Information is considered “de-identified,” and is no longer considered to be “personally identifiable information” once all personally identifiable information has been removed, and the University has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information. Information containing “small cell sizes” must be carefully reviewed before disclosure in order to determine whether it has been sufficiently de-identified.

130.242

Personally identifiable information is divided into two categories:

1. directory information, which may be disclosed to any party without the prior written consent of the student to whom the information pertains, except as specified in Section 130.710, and

2. confidential information, which may not be disclosed to any party without the prior written consent of the student to whom the information pertains, except as specified in Section 130.720.

130.250 – Directory Information

130.251

The term “directory information” means information contained in a student record that would not generally be considered harmful or an invasion of privacy if disclosed.

Pursuant to Section 130.711, campuses are required to give public notice of the categories of personally identifiable information that have been designated by the campus as directory information. Campuses may designate some or all of the following types of information as “directory information”: a student’s name, e-mail address, telephone numbers, date and place of birth, field(s) of study (including major, minor, concentration, specialization, and similar designations), dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate, full time or part time), number of course units in which enrolled, degrees and honors received, the most recent previous educational institution attended, photo, participation in officially recognized activities, including intercollegiate athletics, and the name, weight, and height of participants on intercollegiate University athletic teams.

130.251a

UCI designates the following as directory information: a student’s name, e-mail address, photo, telephone numbers, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate, full time or part time), number of course units in which enrolled, degrees and honors received, the most recent previous educational institution attended, participation in officially recognized activities, including intercollegiate athletics, and the name, weight, and height of participants on intercollegiate University athletic teams.

130.252

The above categories of information, as designated by each campus, may be considered “directory information” unless a student notifies the campus in writing or via electronic procedures established by the campus that any or all of the categories of information about that student may not be disclosed (see Section 130.710).

130.252a

UCI students wishing to restrict release of directory information should contact the Office of the Registrar or check the Registrar’s web site for information regarding this procedure.

130.253 [Rescinded April 25, 2002]

130.260 – Disclosure

The term “disclosure” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in a student record by any means, including, but not limited to, oral, written, or electronic means. Disclosure to the party identified as the party that provided or created the record does not constitute a “disclosure” for purposes of FERPA. For example, the University may disclose a student’s high school transcript to the high school identified on the transcript in order to determine whether the transcript is legitimate. This is not considered a “disclosure” because the high school has been identified as the party that provided and/or created the transcript.

130.265 – Financial Aid

“Financial aid” means the provision of financial resources to students, based on the strength of their academic achievements, or on the strength of their financial need, or on a combination of the two.

130.270 – Campus

“Campus” means a University of California campus. For the purposes of these Policies, the term “campus” also applies to Department of Energy Laboratories operated by the University of California, subject to Laboratory implementing regulations and contractual obligations between The Regents and the Department.

130.275 – University

“University” means the University of California.

130.280 – Campus Official or University Official

A “campus official” or “University official” is any individual designated by the University of California to perform an assigned function on behalf of the University.

A campus or University official may be:

a. a person employed by the University in an administrative, supervisory, academic, research, or support staff position;

b. a person serving on a University governing body;

c. a contractor, consultant, volunteer or other party to whom the University has outsourced institutional services or functions provided that: (1) the outside party performs an institutional service or function for which the University would otherwise use employees; (2) the outside party is under the direct control of the University with respect to the use and maintenance of student records; and (3) the outside party may not disclose the information to any other party without the student’s consent, and may not use the information for any purpose other than the purpose for which the disclosure was made; or

d. a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University official in performing his or her tasks.

130.290 – Legitimate Educational Interest

130.291

“Legitimate Educational Interest” means: (1) the information or record is relevant and necessary to the accomplishment of some task or determination; and (2) the task or determination is an employment responsibility for the inquirer or is a properly assigned subject matter for the inquirer.

130.292

Chancellors shall specify in campus implementing regulations, criteria for determining what the campus considers to be a “legitimate educational interest.”

Such criteria may specify, by way of example, the following:

A University official is determined to have legitimate educational interest in a particular record if the information requested is relevant and necessary for that official to:

a. perform a task or determination that is an employment responsibility or is a properly assigned subject matter for the inquirer;

b. perform a task that is related specifically to the official’s participation in the student’s education;

c. perform a task that is related specifically to the discipline of the student; or

d. provide a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.

130.292a

UCI campus officials are deemed to have legitimate educational interest when information from a student’s record is necessary for the official to: perform a task or determination that is an employment responsibility or is a properly assigned subject matter for the official; perform a task that is related specifically to the official’s participation in the student’s education; perform a task that is related specifically to the discipline of the student; or provide a service or benefit relating to the student or students’ family, such as health care, counseling, job placement or financial aid.

130.293

Reasonable physical, technological or administrative methods must be used to ensure that campus or University officials obtain access to only those student records in which they have legitimate educational interests.

130.30 – Annual Notification of Rights

130.310

Students enrolled in or registered with a University campus shall be informed annually of their rights under these policies, and under the Federal Family Educational Rights and Privacy Act and its implementing regulations, by such means and at such times as are reasonably likely to inform them of those rights.

130.311

Such notifications shall be published in the official campus newspapers or other official campus publications in a manner that will provide students with clear and specific information regarding their rights.

130.311a Annual notification shall include publication of a statement in the UCI Schedule of Classes (booklet and/or online), the UCI General Catalogue, and other appropriate campus publications.

130.312

The notification shall include a statement that the student has a right to:

a. Inspect and review the student’s own records (see Section 130.40);

b. Request correction of the student’s own records (see Section 131.00);

c. Grieve an alleged violation of privacy rights, as specified in these policies (see Section 132.00);

d. Have personally identifiable information contained in student records not be disclosed without signed and dated written consent that specifically identifies: (1) the records to be disclosed, (2) the purpose of the disclosure, and (3) the party or class to whom disclosures are to be made. Consent is not required for those disclosures authorized by Sections 130.711 and 130.721 of this policy; and

e. File with the United States Department of Education a complaint concerning alleged failures by the campus to comply with the requirements of the Federal Family Educational Rights and Privacy Act (see Section 133.00).

130.40 – Inspection and Review of Student Records by Students

130.410

Campus implementing regulations shall include procedures students must follow to inspect and review student records. The procedures shall comply with all the provisions of Section 130.40.

130.410a Each administrative unit maintaining student records will establish its own procedures for accommodating requests for student review of their own records. These procedures should be written and available to students. The recommended procedure for student review of their own records is the following:

a. A student may initiate access to their record by contacting the administrative unit responsible for the record (a list of student records, record locations and officials responsible for such records is printed annually in the UCI General Catalogue.)

b. The student requesting access will be required to present a current government-issued photo or UCI student ID card as personal identification. Former students may present a current, valid driver’s license or other current government-issued official document with photo as personal identification.

c. The student may be required to complete a written form if the desired information is not immediately accessible or if questions of confidentiality need to be investigated.

130.411

With the exception of the records listed in Section 130.420, students shall be permitted to inspect and review their student records within a reasonable period of time, but in no case longer than 45 days after receipt of the student’s request.

130.412

Students shall be entitled to a response to reasonable requests for explanations and interpretations of the records. The response need only inform students of what the record contains, and not why the records exist or why specific information is included in the records. If a student believes that a record is inaccurate or misleading, procedures for seeking the correction of the record can be found in Section 131.00.

130.413

Campuses shall comply with written requests from students for copies of their records when failure to provide copies would effectively prevent them from exercising the right to inspect and review their student records. For example, a campus shall provide copies of a student’s record if the student does not live within commuting distance of the campus.

130.414

Fees for copies of student records shall be assessed in accordance with campus fee schedules unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student’s own records. No charge may be made to search for or to retrieve any student record. A schedule of fees to be charged for copies of student records shall be included in campus implementing regulations. Such fees shall be limited to the actual cost of providing the copies of the records requested.

130.414a

Fees for copies of student records issued per FERPA are assessed in accordance with UCI campus fee schedules. Fees are payable in advance. Under no circumstances should the records be removed from the office of record. Official transcripts of the student’s UCI academic record may be obtained from the Office of the Registrar.

130.415 [Rescinded April 25, 2002]

130.416

Student records shall not be destroyed if there is an outstanding request to inspect and review them (see also Section 130.840). If there is no request pending, the records may be destroyed pursuant to the campus-specific or University record disposition requirements.

130.420 – Records Exempt From Inspection and Review By Students

130.421

Campus implementing regulations shall include a description of the limitations that exist on a student’s right to inspect and review student records. Pursuant to the Federal Family Educational Rights and Privacy Act, the following student records are not subject to inspection and review by students:

a. Financial records and statements of the student’s parents or guardians or any information contained therein. Information from the Parents’ Confidential Statement, or equivalent information, may be disclosed to the student on condition that the proper authorization has been signed by the parent(s) or guardian(s).

b. Confidential letters and statements of recommendation which were placed in a student’s records prior to January 1, 1975, provided that the letters and statements are used only for the purposes for which they were specifically intended.

c. Confidential letters and statements of recommendation which were placed in a student’s records after January 1, 1975, with regard to admission, application for employment, or the receipt of an honor, if the student has waived the right to inspect and review those recommendations (see also Section 130.60).

d. Records containing personally identifiable information about other students. If student records contain information on more than one student, students may inspect and review or be informed of only the specific information which pertains to themselves, except as specified in Section 130.721(j).

130.421a

Campus police records pertaining to a student (or any individual) are accessible to the individual only when the release of such records does not conflict with the laws governing the release of police records. For campus police records, consult the Campus Information Practices Coordinator.

130.50 – Inspection and Review of Admissions Records by Applicants

130.510

Privacy of and access to admissions records of applicants who do not subsequently become students are not covered by these policies, but are subject to the policies and procedures found in campus guidelines and/or regulations, the University of California Business and Finance Bulletin–Records Management Program Series, and the California Information Practices Act. Information about those policies and procedures may be obtained from Campus Information Practices Coordinators.

130.60 – Waivers of Access Rights to Student Records by Students and Limitations on Such Waivers

130.610

Subject to the limitations in this Section, and in Section 130.420(c) of these Policies, students may waive, or may be requested to waive, their right of access to confidential recommendations or evaluations regarding admission, application for employment, or the receipt of an honor or award.

Such waivers must be voluntary, and may not be required as a condition for admission to the University or the receipt of any other service or benefit from the University. Any waiver must be in writing and signed by the student. Students may waive their rights to inspect and review either individual documents or classes of documents (e.g., part or all of an admission or career placement file).

130.611

Students shall be notified upon request of the names of all individuals providing confidential letters and statements of recommendation to which they have waived their right of access.

130.612

Such recommendations retain their confidentiality only if they are used for the purpose for which they were originally intended. If used for other purposes, the waivers are void and the documents may be inspected by students.

130.613 [Rescinded April 25, 2002]

130.614

No student may be required to sign a form saying that he or she has not waived access to any confidential recommendation.

130.615

Waivers may be revoked in writing with respect to records obtained or received subsequent to the revocation. Such revocations shall not affect a student’s access to records obtained or received prior to such written notice of revocation.

130.615a

The determination as to whether to request a waiver is at the discretion of administrative unit heads (e.g., Director of Admissions, Dean of Graduate Studies, Director of Financial Aid, etc.).

130.615b

The procedure for waiver of access to confidential letters of recommendation:

a. Each office processing letters of recommendation may generate for its own use a form to implement waiver of access to confidential letters of recommendation.

b. Those units requesting letters of recommendation directly from prospective referees should inform them of University policy regarding student access to letters of recommendation. Such information should be included on the form.

c. It should be made clear to applicants that under University policy, waiver of access to letters of recommendation received after January 1, 1975 is optional.

130.70 – Disclosure of Personally Identifiable Information from Student Records

130.710 – Disclosure of Directory Information

130.711

Each campus shall give public notice of the categories of personally identifiable information that have been designated by the campus as directory information. Such categories shall fall within the limitations of the definition of directory information in Section 130.250 and may be disclosed without prior student consent unless a student notifies the campus in writing or via an established electronic procedure that such information shall not be disclosed.

130.711a

UCI’s defined categories of directory information are listed under 130.251a.

130.712

Students shall be informed at the time they enroll in, or register with, any academic program of the University, and at least annually thereafter, of their right to refuse to permit any or all of the categories of personally identifiable information to be designated as directory information with respect to themselves.

130.713

Students shall notify the campus in writing or via an established electronic procedure of the personally identifiable information related to themselves that is not to be designated as directory information. Within a reasonable time after receipt of notification, information so designated may not be disclosed without the written consent of the student, except as otherwise noted in Section 130.720.

130.713a

Information for restricting release of directory information is available by contacting the Office of the Registrar and on the Registrar’s web site.

130.714

Students shall be informed of the time period during each academic term in which they must notify the campus of the categories that are not to be designated as directory information with respect to themselves and the effective date of that request.

130.714a

Students may restrict release of local, permanent, and email addresses via the Registrar’s web site. Students should contact the Registrar to restrict other directory information.

130.714b

To restrict publication in the printed campus phone directory of their address, phone, email, and/or major, a student must notify the Registrar in writing, or by the applicable approved electronic method, no later than the end of the third week of classes of the fall term.

130.715

Students may not use the right to refuse disclosure of their directory information to prevent the University from disclosing information pursuant to the applicable provisions in Section 130.721. Further, students may not use the right to refuse disclosure of their directory information to prevent the University from disclosing or requiring a student to disclose the student’s name, identifier, or University email address in a class in which the student is enrolled, including but not limited to online classes.

130.716

The University may not disclose or confirm directory information without the student’s consent, if a student’s social security number or other non-directory information is used, alone or combined with other data elements, to identify or help identify the student or the student’s records.

130.717 – Directory Information About Former Students

Information regarding former students that was designated directory (formerly known as “public”) information by their campus at the time they were students may be disclosed without the former students’ consent unless their last written notification received by the campus at the time they were students specified that the information with respect to themselves was not to be considered directory information. For students who attended before February 1, 1977, the directory information shall be limited to former students’ registration, dates of attendance at the University, degrees granted, and dates on which degrees were conferred.

130.720 – Disclosure of Personally Identifiable Information

130.721 – Permissible Disclosures

Except for the disclosure of directory information under conditions specified in Section 130.711, and the disclosure of information to other educational institutions specified in Section 130.723, personally identifiable information from student records may not be disclosed without the prior written consent of the student, other than to the following parties and under the following circumstances:

a. To campus and University officials who have been determined to have legitimate educational interest in the records (see Sections 130.280 and 130.290). Determinations as to whether the legitimate educational interest requirement is satisfied shall be made by the head administrator of the unit retaining the information, consistent with campus implementing regulations defining legitimate educational interest established by the Chancellor as specified in Section 130.292 of these Policies. Campus personnel receiving or utilizing the information shall be responsible for its subsequent disclosure pursuant to the provisions of these policies. This section applies to:

1. Officials at a particular campus of the University.

2. Officials in the Office of the President and the Office of the General Counsel and Vice President for Legal Affairs.

3. Officials at other campuses of the University, in connection with the administration of joint programs or activities.

4. Officials at other campuses of the University or other institutions, if a student is concurrently enrolled in, or concurrently receives services from one campus of the University and from another institution, or from two campuses of the University. This provision includes institutions participating in Education Abroad Programs.

5. Officials at other campuses of the University for the purposes of facilitating: a) the enrollment of a student seeking to attend a summer session program at another campus; b) the reporting of academic achievement in the summer coursework once completed; or c) other administrative needs related to summer session programs, such as, but not limited to, student disciplinary matters as specified in Section 104.30 of these Policies.

6. The Chancellor, or the Chancellor’s designees, of the campus at which the individual is a student, in connection with disclosures arising from disciplinary procedures of another University of California campus, as specified in Section 104.30 of these Policies.

b. To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education, or State and local educational authorities, in connection with the audit and evaluation of Federally and State supported education programs, or in connection with the enforcement of Federal or State laws which relate to such programs.

c. In connection with financial aid for which a student has applied or which a student has received, only as may be necessary:

1. To determine the eligibility of the student for financial aid;

2. To determine the amount of the financial aid,

3. To determine the conditions which will be imposed regarding the financial aid; or

4. To enforce the terms or conditions of the financial aid.

d. Such information shall be disclosed to donors only if the conditions of the gift or award expressly require that the information be disclosed.

e. Information concerning the juvenile justice system to State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974.

f. To organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction. The University must enter into a written agreement with the organization that: (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and (4) Requires the organization to destroy or return to the educational agency or institution all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be returned or destroyed. The term “organizations” includes, but is not limited to, Federal, State, and local agencies, and independent organizations. The University is not required to initiate the study or agree with or endorse the conclusions or results of the study.

g. To accrediting organizations in order to carry out their accrediting functions.

h. To comply with a judicial order or subpoena. A reasonable effort shall be made to notify the student in advance of the disclosure of the record unless responding to a grand jury or other subpoena issued for law enforcement purposes that specifies that the student not be informed of the subpoena, or unless responding to an ex parte court order obtained by the office of the United States Attorney General concerning an investigation or prosecution of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism specified in 18 U.S.C. 2331.

i. To appropriate parties, including but not limited to parents, law enforcement agencies, campus or University officials, next-of-kin, emergency contacts, spouse/partner, or other institutions, when there is an articulable and significant threat to the health or safety of the student or any other person(s), and the disclosure of the information is necessary to protect the health or safety of the student or other persons. In making a determination about whether this exception applies, the University may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. Under this provision, the University may disclose personally identifiable information to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, including disclosure to persons who may be able to provide necessary information about the situation. The University must record the articulable and significant threat that formed the basis for disclosure, and the identities of the persons to whom the information was disclosed, and must maintain that information with the student’s records.

j. To students requesting their own records. With the exception of information from records specified in Section 130.420, campuses must disclose student records or components thereof upon appropriate authentication of identity to students who request information from their own records.

k. To the alleged victim of an alleged forcible or nonforcible sex offense, as defined in 34 CFR 668.46(c)(7). The scope of the information to be provided is: 1) the University’s final determination with respect to the alleged sex offense, and 2) any sanction that is imposed against the alleged offender.

l. To any person, information concerning sex offenders and other individuals, where the information was provided to the University under the Jacob Wetterling Act (federal sex offender registration and disclosure requirements).

130.721a

A student may authorize release of personally identifiable information from their record to third parties by written request to the administrative unit responsible for the records. The form or written request to release records must be received prior to the release of records.

130.722 – Redisclosure of Personally Identifiable Information

Any disclosure of personally identifiable information which is permitted under these policies must meet the following requirements:

a. The recipient of the information must be informed that the information may not be further disclosed without written consent of the student. Any consent form obtained from the student must be maintained in the student’s file.

b. The recipient (including the officers, employees, and agents of the party of the recipient) may use the information only for the express purposes for which the disclosure was made.

These requirements do not apply to disclosures made pursuant to court orders or to lawfully issued subpoenas or to disclosures to a student under Section 130.40, Section 130.721(i), Section 130.721(j), Section 130.721(k), or to disclosures of directory information under Section 130.711.

Notwithstanding the above, a party that receives a court order or lawfully issued subpoena for personally identifiable information in student records may redisclose that information in compliance with the court order or subpoena, but must provide the notification required under Section 130.721(g).

130.723 – Requests to Forward Academic Records

University of California campuses may forward appropriate student records, including academic records, disciplinary records, and other student records, to other educational institutions in which a student seeks or intends to enroll, or is currently enrolled, so long as the disclosure is for purposes related to the student’s enrollment or transfer. The campus will provide annual notification of this disclosure policy, or else a reasonable attempt will be made to provide notification to individual students about whom information is disclosed.

When students request that their academic records be forwarded to other institutions, students may be required to pay all fees and charges due the University before the records are forwarded.

130.724 – Authentication of Identity of Person to Whom Disclosure is Made

The University must use reasonable methods to authenticate the identity of any parties to whom disclosure of personally identifiable information is made, including but not limited to parents, campus or University officials, and students who are requesting their own records.

130.80 – Record Keeping Requirements Regarding Requests for and Disclosure of Information

130.810

The campuses shall maintain records, kept with the student records of an individual, which indicate:

(a) The parties who have requested or obtained personally identifiable information from student records;

(b) The legitimate interest these parties had in requesting or obtaining the information; and

(c) The date of the requests for the information and the dates of the disclosure of the records.

130.820

A record of disclosures is not required for:

(a) Disclosures to students of their own records;

(b) Disclosures pursuant to the written consent of a student, when the consent is specific with respect to the party or parties to whom the disclosure is to be made;

(c) Disclosures to campus or University officials under Section 130.721(a);

(d) Disclosures of directory information; or

(e) Disclosure made pursuant to court order or subpoena, and the student has been notified in advance of compliance with the order or subpoena to the extent required by Section 130.721(g) of these Policies.

130.830

The record of disclosures may be inspected:

(a) By the student;

(b) By the campus official and their assistants who are responsible for the custody of the records; or

(c) For the purpose of auditing the record keeping procedures of the campus, by the parties authorized in, and under the conditions set forth in Sections 130.721(a) and (b).

130.840 – Records Disposition

Student records are subject to mandatory disposition schedules contained in the University Records Disposition Schedules Manual, with the following exceptions:

(a) Student records shall be retained if there is an outstanding request to inspect and review them (see also Section 130.416);

(b) Explanations placed in the student record of an individual seeking to correct the record shall be retained as long as the contested portion of the record is retained; and

(c) The record of access shall be retained as long as the student record to which it relates is maintained by the campus.

131.00 – Procedures for Seeking the Correction of Student Records

131.10 – Requests for Correction of Records

Students shall be entitled to a response to reasonable requests for explanations and interpretations of the records as specified in Section 130.412 of these Policies. If they believe information contained in their student records is inaccurate or misleading, or otherwise in violation of their right of privacy as provided in these policies, they may request of the campus official responsible for maintaining the records that their records be corrected. If their request is granted, the records shall be corrected within a reasonable period of time following receipt of the request. If their request is denied, they shall be informed of the refusal and advised of their right to a hearing.

131.11 – Requests for Correction of Grades Given in a Course of Study

Grades given in a course of study, including written evaluations which reflect institutional judgments of the quality of a student’s academic performance in a course of study, are not subject to challenge under Section 131.00 of these Policies (see Section 114.00).

131.20 – Hearing Procedures

131.21

Each Chancellor shall establish or specify appropriate hearing procedures to be used when the request for the correction of student records is denied. Such procedures shall include at least the following elements:

(a) The hearing shall be held within a reasonable period of time after it has been requested, and the student shall be notified of the date, place, and time reasonably in advance of the hearing;

(b) The hearing shall be conducted by a hearing officer who has no direct interest in the outcome of the hearing and who may be a campus administrator;

(c) Students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under Section 131.10, and may be assisted or represented by individuals of their choice, at their own expense;

(d) The decision rendered shall be made in writing within a reasonable period of time after the conclusion of the hearing; and

(e) The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

131.21

Students may challenge information contained in their records by filing a written request for a hearing with the Vice Chancellor, Student Affairs. The Vice Chancellor will assign the matter to the Office of the Dean of Students who will select a hearing officer and panel to hear the case. The hearing officer shall serve as chair of the panel. The student will be given reasonable advance notice of the date, place, and time of the hearing. The hearing officer and members of the panel must have no direct interest in the outcome of the hearing.

Students requesting changes in their records may present their own case and may be assisted or represented by individuals of their choice at their own expense. The University official denying the requested changes may present the University’s case or may be represented or assisted by the Office of General Counsel. Both parties will have the opportunity to present evidence in an orderly manner.

The hearing officer shall rule on all questions of procedure, the admission or exclusion of evidence, and the relevance of testimony. Evidence may be received of the sort upon which responsible persons are accustomed to rely in the conduct of serious affairs and is not restricted to evidence admissible under the strict rules of evidence of a court of law.

Upon conclusion of the hearing, the hearing officer will submit a written decision to the Dean of Students including findings of fact and reasons for the decision. This decision will be final and binding and is not subject to appeal.

131.30 – Hearing Outcomes

131.31

If, as a result of the hearing, campus officials decide that the information in question is inaccurate, or misleading, or otherwise in violation of the privacy rights of the student, the record shall be corrected accordingly and the student informed in writing of the action taken.

131.32

If, as a result of the hearing, campus officials decide that the information in question is not inaccurate or misleading, or otherwise in violation of the privacy rights of the student, the student shall be informed of his or her right to insert into the record a statement commenting upon the information in the record and/or setting forth any reasons for disagreeing with the decision to leave the record unchanged. This statement shall remain a permanent part of the record as long as the contested portion remains a part of the record, and it shall be revealed to any party to whom the contested portion is revealed.

131.40 – Records Concerning Disciplinary Action

Whenever any information is included in any student record concerning any disciplinary action taken by campus personnel in connection with the student, the student shall be allowed to include in the record a written statement or response concerning the disciplinary action. A student may not request a change in the underlying disciplinary decision through this process.

132.00 – Grievance Procedures

Any alleged violation of privacy rights as provided by these policies, other than those rights specified in Section 131.00 relating to the content of student records, may be grieved pursuant to Section 111.10 of these Policies.

133.00 – Complaint Procedure

Complaints regarding alleged violations of the rights accorded students by the Federal Family Educational Rights and Privacy Act may be filed with the Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20203.

134.00 – Civil Remedies [rescinded April 25, 2002]

140.00 Guidelines Applying to Nondiscrimination on the Basis of Disability

140.00 – Introduction

In compliance with the Federal Rehabilitation Act of 1973, as amended (Public Law 93-112) and the Americans with Disabilities Act of 1990 (Public Law 101-336), University of California policy prohibits unlawful discrimination on the basis of disability in its programs, services, and activities.

The following Guidelines are designed to be consistent with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. However, it is possible that these statutes may be amended in the future and, in such instances, the most current applicable laws shall represent University policy as it applies to nondiscrimination on the basis of disability.

141.00 – Definitions

141.10 – Individual with a Disability

141.11

An “individual with a disability” means any person who has a physical or mental impairment which substantially limits one or more major life activities, who has a record of such an impairment, or who is regarded as having such an impairment. 

141.12

“Physical or mental impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory (including speech organs); cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.

“Physical or mental impairment” also means any mental or psychological disorder, such as mental retardation or developmental disabilities, organic brain syndrome or acquired brain injury, emotional or mental illness, and specific learning disabilities.

Physical and mental impairment also includes, but is not limited to, contagious and noncontagious diseases and conditions such as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; HIV disease (whether symptomatic or asymptomatic) and tuberculosis.

141.13

“Major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

141.14

“Has a record of such impairment” means has a history of, or has been incorrectly classified as having, a mental or physical impairment that substantially limits one or more major life activities.

141.15

“Is regarded as having an impairment” means has a physical or mental impairment that does not substantially limit major life activities, but is treated by the University as limiting such activities; has a physical or mental impairment that substantially limits major life activities as a result of the attitudes of others toward such an impairment; or has none of the impairments listed in Section 141.12, but is treated as having such an impairment, such as persons with a limp or persons with disfiguring scars.

141.16

An “individual with a disability” does not include a person who is currently engaging in the illegal use of drugs. However, an individual who is currently participating in, or who has successfully completed, a supervised drug rehabilitation program and is not currently engaging in the illegal use of drugs, or who is otherwise no longer engaging in such use, shall be considered an individual with a disability if the individual otherwise fits the definition of a disabled person as described in Sections 141.00 through 141.15 of these Guidelines.

141.17

Individuals with drug or alcohol addictions who are not currently engaging in the illegal use of drugs, or who are no longer engaging in drug or alcohol abuse as described in Section 141.16 above, should not be prohibited from attending the University if they can successfully participate in the education program of the University, if they comply with University policies and campus/laboratory regulations, and if their behavior does not impede the performance of other students.

141.20 – Qualified Individual with a Disability

141.21

With respect to students who are employed by the University, a qualified individual with a disability is one who, with or without reasonable accommodation, can perform the essential functions of the position in question and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.

141.22

With respect to postsecondary education, an otherwise qualified individual with a disability is one who meets the academic and technical standards requisite for admission or participation in the education programs of the University and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.

The term “technical standards” refers to nonacademic admissions criteria that are applicable to such programs.

141.23

With respect to other services, a qualified individual with a disability is one who meets the eligibility requirements for the receipt of such services and who meets the definition of an individual with a disability, as specified in Sections 141.00 through 141.16 of these Guidelines.

141.30 – Facility

“Facility” means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock and other conveyances (e.g., buses, shuttles, vans), roads, walks, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.

142.00 – Discrimination Prohibited

142.10

In providing any aid, benefit, or service, the University may not, directly or through contractual, licensing, or other arrangements, discriminate on the basis of disability to:

a. Deny a qualified individual with a disability the opportunity to participate in, or benefit from, any aid, benefit, or service which it provides;

b. Provide any qualified individual with a disability an opportunity to participate in, or benefit from, any aid, benefits, or services that are not equal to those afforded to individuals who do not have disabilities;

c. Provide a qualified individual with a disability with any aid, benefits, or services that are not as effective as those provided to individuals who do not have disabilities. To be “equally effective,” an aid, benefit, or service need not produce an identical result or level of achievement for individuals with disabilities and individuals without disabilities. However, the University must afford individuals with disabilities an equal opportunity to obtain the same result or level of achievement in the most integrated setting appropriate to the individual’s needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities;

d. Provide any different or separate aid, benefits, or services to individuals with disabilities or to any class of individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to individuals who are not disabled;

e. Aid or perpetuate discrimination against a qualified individual with a disability by providing any significant assistance to any agency, organization, or person that discriminates on the basis of disability against beneficiaries of the University’s programs;

f. Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; or

g. Otherwise limit a qualified individual with a disability in the enjoyment of any University right, privilege, advantage or opportunity enjoyed by individuals who are not disabled.

142.20

In determining the site or location of a facility, the University may not make selections that have the following effect:

a. Excluding qualified individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program, service, or activity it operates; or

b. Defeating or substantially impairing the accomplishment of the objectives of the University’s programs, services, or activities with respect to qualified individuals with disabilities.

142.30

The exclusion of individuals who do not have disabilities from the benefits of a program limited by statute or executive order to individuals with disabilities, or the exclusion of a specific class of individuals with disabilities from a program limited by statute or executive order to a different class of individuals with disabilities, is not prohibited.

143.00 – Educational Programs, Services, and Activities

143.10 – Admissions, Enrollment, and Recruitment

143.11

Qualified individuals with disabilities may not, on the basis of disability, be denied admission to the University or enrollment in University classes or participation in University programs, services, or activities, or be subjected to discrimination in the admissions process or in recruitment procedures.

143.12 – Admissions or Enrollment

a. Limitations may not be applied upon the number or proportion of individuals with disabilities who may be admitted or enrolled.

b. Tests or criteria for admission may not have a disproportionate, adverse effect on individuals with disabilities or any class of such individuals unless:

1. The tests or criteria have been validated as predictors of success in the education programs, services, or activities in question; and
2. Alternate tests or criteria that have a less disproportionate, adverse effect, and which are acceptable to the University, are not shown to be available by the appropriate Federal agency.

c. Before admission tests are selected and administered, campuses should be assured that:

1. Admissions tests are selected and administered to ensure that when a test is administered to an applicant who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant’s aptitude or achievement level, or whatever other factor the test purports to measure, rather than reflecting the applicant’s impaired sensory, manual, or speaking skills, except when those skills are the factors that the test purports to measure;
2. Admissions tests that are designed for persons with disabilities are offered as often and in as timely a manner as are other admissions tests; and
3. Admissions tests are administered in facilities that, on the whole, are accessible to individuals with disabilities. In this context, “on the whole” does not mean that all facilities must be accessible, only that a sufficient number must be available to individuals with disabilities.

d. Pre-admission inquiries as to whether applicants for admission are individuals with disabilities may not be made, except for the purpose of recruitment, as discussed in Section 143.13 of these Guidelines. Post-admission inquiries may be made on a confidential basis regarding disabilities that may require accommodation.

143.13 – Recruitment

When voluntary action is taken to overcome the effects of conditions that resulted in limited participation in certain programs, services, or activities, pursuant to Section of these Guidelines, campuses may invite applicants for admission or enrollment to indicate whether and to what extent they are disabled, provided that:

a. It is clearly communicated that the information requested is for use solely in connection with voluntary action efforts; and

b. It is clearly communicated that the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with the implementing regulations of applicable laws and executive orders.

143.20 – Treatment of Students and Participants in University Programs, Services, or Activities

143.21

Qualified students with disabilities or participants with disabilities in University programs, services, or activities may not, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular activity, or other educational program, service, or activity offered by the University.

Health services and insurance plans should be provided to qualified students with disabilities on the same basis as for students without disabilities generally. However, student health centers need not provide specialized services and aids; for example, if a center treats only simple disorders, such as cuts, bruises, and colds, its obligation to students with disabilities is to treat only those same disorders.

143.22

Campuses that consider participation by students in education programs, services, or activities not wholly operated by them as part of, or equivalent to, an education program, service, or activity they operate, should assure themselves that the other education program, service, or activity, as a whole, provides an equal opportunity for the participation of qualified individuals with disabilities. For example, in connection with student teaching assignments, campuses may work with elementary or secondary school systems only if their student teaching programs, when viewed in their entirety, offer student teachers with disabilities the same range and quality of choice in assignments offered to student teachers without disabilities.

143.23

All programs, services, and activities should be conducted in the most integrated setting appropriate to a disabled individual’s needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities. For example, if a campus offers several elementary physics classes, and one such class is moved to the first floor of the science building to accommodate students who use wheelchairs, it would be a violation of this requirement to also concentrate students with disabilities but who are not mobility impaired in this class.

143.30 – Academic Adjustments

143.31 – Modification of Academic Requirements

Academic requirements should be modified, as necessary and appropriate, to ensure that they do not discriminate or have the effect of discriminating, on the basis of disability, against qualified applicants or students with disabilities. As appropriate, modifications may include changes in the length of time permitted for the completion of degree requirements, substitution or waiver of specific courses required for the completion of the requirements, and adaptation of the manner in which specific courses are conducted. For example, a campus may permit an otherwise qualified student who is deaf to substitute a music history class for a required class in music appreciation, or the campus could modify the manner in which the music appreciation course is conducted for the student who is deaf.

Academic requirements that are determined by the Academic Senate to be essential to programs of instruction or for any directly related licensing requirement are not regarded as discriminatory.

143.32 – Course Examinations

In course examinations or other procedures for evaluating students’ academic achievement, methods should be provided, as appropriate, for evaluating the achievement of students who have a disability that impairs sensory, manual, or speaking skills as will best ensure that the results of the evaluation represent students’ achievement in the course, rather than reflecting students’ impaired sensory, manual, or speaking skills, except when such skills are among the factors the test purports to measure.

143.33 – Auxiliary Support Services and Devices

a. Steps should be taken, as appropriate, to ensure that no qualified student or participant with a disability in a University program, service, or activity is denied the benefits of, is excluded from participation in, or is otherwise subjected to discrimination because of the absence of educational auxiliary support services and devices.

In meeting this requirement, campuses may assist qualified students or participants with disabilities in University programs, services, or activities in contacting existing resources, such as State vocational rehabilitation agencies and private charitable organizations, to obtain auxiliary support services and devices. Also, other students may be asked to work with students with disabilities, or private agencies that tape texts for individuals with disabilities free of charge may be contacted in order to reduce the number of readers needed for students with visual impairments and students with learning disabilities. Typically, it is still the University’s obligation to provide appropriate educational auxiliary support services and devices should public and private agencies be unable to provide such services or devices. As appropriate, the provision of auxiliary support services and devices to students with disabilities may be provided by the University during the period in which outside help is solicited or in lieu of such outside help.

As long as no qualified person with a disability is excluded from a program because of the lack of appropriate auxiliary support services or devices, such support services and devices need not be on hand at all times.

b. Educational auxiliary support services and devices include, but are not limited to, taped texts, interpreters, notetakers, or other effective methods of making orally delivered materials available to, for example, students with hearing impairments or learning disabilities; readers for students with visual impairments; classroom equipment adapted for use by students with manual impairments; or other aids for students with disabilities.

Attendants, individually prescribed devices, readers for personal use, or other devices or services of a personal nature need not be provided.

Any prohibition against the use of tape recorders or braillers in classrooms, or dog guides and service dogs in campus buildings, or other rules that have the effect of limiting the participation of qualified students with disabilities in educational programs, services, or activities, may not be adopted.

Students or participants with disabilities in University programs, services, or activities may be required to sign an agreement that they will not release tape recordings or transcriptions of lectures, or otherwise hinder the ability of a professor to obtain a copyright.

143.34 – Responsibility for Academic Adjustments

Section 10.00 of these Policies specifies that each member of the University community shares the responsibility of maintaining conditions conducive to the achievement of the University’s mission of research, teaching, and public service. Thus, in attempting to provide any type of academic adjustment, faculty, disability-management staff, and students with disabilities should work in concert to formulate accommodations that meet the individual educational needs of qualified students with disabilities while maintaining the academic integrity of the program, service, or activity to be modified.

Moreover, it is essential that during this consultative process students be given an opportunity to express their preferred choice for disability accommodations and that this choice be given careful consideration, unless an equally effective accommodation can be provided, or that the use of the student’s choice would result in a fundamental alteration of the academic program, service, or activity, or would result in an undue financial and administrative burden.

143.35 – Student-Specific Obligations in the Provision of Academic Adjustments

In providing any type of academic adjustment, including, but not limited to, modification of academic requirements, course examinations, or support services and devices, the University may require that: 1) students with disabilities provide reasonable advance notice of requests for, changes to, or cancellation of, academic adjustments; 2) students with disabilities provide sufficient and timely verification of their disability and documentation of their disability-related academic adjustment needs; and 3) students with disabilities comply with campus rules regulating requests for, and the proper use of, auxiliary support services or devices.

143.36 – Campus Disability Accommodation and Mediation Procedures

Campuses are encouraged to develop written procedures for: 1) the provision of academic accommodations to students with disabilities; and 2) resolving disagreements regarding the provision of academic adjustments to students with disabilities.

143.40 – Housing

143.41 – On-Campus Housing

The University provides on-campus housing for non-disabled students and shall provide comparable, convenient, and accessible on-campus housing at the same cost to students with disabilities. Housing for students with disabilities should be made available in sufficient quantity and variety so the scope of their choice of living accommodations will, when viewed in its entirety, be comparable to that of students who are not disabled.

143.42 – Off-Campus Housing

With regard to housing that is not provided by the University, but is listed by the campus, each campus shall assure itself that such housing, when viewed in its entirety, is made available in a manner that does not result in discrimination on the basis of disability. If a campus determines that off-campus housing, when viewed in its entirety, is not available to students with disabilities, efforts should be made to generate new sources of housing.

143.50 – Financial Aid

143.51

In providing financial assistance to qualified students with disabilities, the University may not, on the basis of disability, provide less assistance to those students than is provided to non-disabled students, may not limit their eligibility for assistance, or may not otherwise discriminate against them. The University also may not assist any entity or person that provides financial assistance to any student in a manner that discriminates against qualified students with disabilities on the basis of disability.

143.52

The University may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discriminate or have the effect of discriminating on the basis of disability, only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of disability.

143.53

Athletic scholarships may be denied to students with disabilities on the basis of disability, if the disability renders the person unable to qualify physically for the award. For example, a student who has lost the use of his legs may be denied a varsity football scholarship on the basis of the student’s inability to play football. However, a student who has a hearing-impairment could not, on the basis of disability, be denied a scholarship for the diving team; the student with a hearing-impairment could only be denied the scholarship on the basis of comparative diving ability.

143.60 – Student Employment

Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources may not employ University students in a manner that would violate Section 144.00 of these Guidelines.

When assisting outside agencies, organizations, or persons in providing employment opportunities for University students, campuses should assure themselves that such opportunities, as a whole, are available in a manner that would not violate Section 144.00 of these Guidelines.

143.70 – Physical Education, Athletics, and Similar Activities

In providing physical education courses and athletics, and similar programs, services, and activities, campuses may not discriminate on the basis of disability. Qualified students or participants with disabilities in University programs, services, or activities should be provided with an equal opportunity to participate in physical education courses, intercollegiate, club, and intramural athletics or similar activities whether as part of the required curriculum or as an extracurricular activity. For example, a student who uses a wheelchair should not be denied the opportunity to enroll in a regular archery course, nor should a student who has a speech impairment be excluded from participating in a wrestling course.

Students with disabilities who cannot participate in regularly offered physical education courses or who cannot compete in athletic programs may be offered separate physical education and athletic activities designed to accommodate students with disabilities.

However, students with disabilities must be offered the opportunity to participate in regular physical education or athletic activities, in the most integrated setting possible, even if separate physical education or athletic programs for students with disabilities are offered.

143.80 – Counseling and Placement Services

Personal, academic, or career counseling, guidance, and placement services should be provided without discrimination on the basis of disability.

Campuses should ensure that qualified students with disabilities are not counseled toward more restrictive career objectives than are non-disabled students with similar interests and abilities. This does not preclude providing factual information about licensing and certification requirements that may present obstacles to individuals with disabilities in their pursuit of particular careers.

143.90 – Social Organizations

Before providing any significant assistance, such as financial support, use of University facilities, or official University recognition or affiliation, including, but not limited to, fraternities, sororities, or similar organizations, campuses shall assure themselves that these organizations do not permit discrimination that is otherwise prohibited by these Guidelines.

144.00 – Employment Practices

The University may not discriminate against any qualified individual with a disability, on the basis of disability, in employment under any program, service, or activity, including any program, service, or activity that employs students with disabilities. Information concerning the University’s employment policies as they apply to individuals with disabilities may be obtained from campus personnel offices or ADA/Section 504 Compliance Officers.

145.00 – Program Accessibility

No qualified individual with a disability shall be denied, on the basis of that disability, the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any of the University’s programs, services, or activities because University facilities are inaccessible to, or unusable by, individuals with disabilities. The University must make its programs, services, and activities accessible to and usable by any qualified individual with a disability, unless doing so would result in a fundamental alteration to the nature of its programs, services, and activities, or would result in undue financial and administrative burdens.

145.10 – Existing Facilities

Each program, service, or activity shall be operated so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, except where to do so would result in a fundamental alteration in the nature of the program, service, or activity or in undue financial and administrative burdens. This requirement does not mean that each facility, or every part of each facility must be accessible to and usable by individuals with disabilities. Accessibility may be achieved through other means such as:

a. Redesign of equipment;

b. Reassignment of classes or other services to accessible buildings;

c. Assignment of aides to beneficiaries;

d. Home visits;

e. Delivery of health, welfare, or other social services at alternate accessible sites;

f. Use of accessible rolling stock or other conveyances (e.g., buses, shuttles, vans); or

g. Alterations of existing facilities will be implemented only when administrative solutions are either not feasible or not preferable and when there is no other way to make a program accessible. Neither a totally barrier-free environment, nor the removal of all architectural barriers in existing facilities is required. Regarding the methods selected, priority should be given to those that offer programs, services, and activities to individuals with disabilities in the most integrated setting appropriate to the individual’s needs and to encourage, as appropriate, interaction among all users, including individuals with disabilities.

If sufficient relocation of classes is not possible using existing facilities, alterations to ensure program accessibility should be made. Students with disabilities may not be excluded from a specifically requested course offering because it is not offered in an accessible location, but every section of that course need not be made accessible.

Buildings leased by the University are not necessarily required to meet accessibility standards because they are not owned by the University. However, such buildings are subject to the program accessibility requirements stated above. If a leased building is altered, such alterations shall be constructed in compliance with applicable Federal and State accessibility standards.

145.20 – New Construction

145.21 – New Facilities

All new facilities constructed by, on behalf of, or for the use of the University shall be designed and constructed so that the facilities are readily accessible to and usable by individuals with disabilities. New construction shall be planned and constructed according to all applicable Federal accessibility regulations and State building codes.

145.22 – Altered or Remodeled Facilities

Each facility or part of a facility constructed or altered by, on behalf of, or for the use of the University shall be designed, constructed, or altered to be readily accessible to, and usable by, individuals with disabilities. Altered or remodeled facilities shall be planned and constructed according to all applicable Federal accessibility regulations and State building codes.

145.30 – Transportation

Campus/laboratory transportation systems and services shall comply with applicable Federal and State accessibility laws.

146.00 – Health, Welfare, and Other Social Services and Benefits

Health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. Subject to the foregoing, in providing health, welfare, or other social services or benefits, the University’s hospitals, medical clinics, or other health-related programs may not, on the basis of disability:

a. Deny a qualified individual with a disability such benefits or services;

b. Afford a qualified individual with a disability an opportunity to receive benefits or services that are not equal to those offered to individuals who do not have a disability;

c. Provide a qualified individual with a disability with benefits or services that are not as effective as those provided to others (see Section 142.00 of these Guidelines);

d. Provide benefits or services that limit or have the effect of limiting participation of qualified individuals with disabilities; or

e. Provide different or separate benefits and services to individuals with disabilities, except when necessary to provide qualified individuals with disabilities with benefits and services as effective as those provided to others.

This Section does not require specialized hospitals and other health care providers to treat all individuals with disabilities. For example, a burn treatment center need not provide other types of medical treatment to individuals with disabilities unless it provides such medical services to individuals who do not have a disability. It could not, however, refuse to treat the burns of a person who is deaf because of his or her deafness.

Special programs, services, or activities for individuals with disabilities or classes of individuals with disabilities are permitted.

146.10 – Notice

Any notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall ensure that qualified individuals with disabilities, including those with impaired sensory or speaking skills, are not denied effective notice because of their disability.

146.20 – Emergency Treatment for Hearing-Impaired Persons

A procedure shall be established for effective communication with persons who are deaf or hard of hearing for the purpose of providing emergency health care. For example, a hospital may fulfill this responsibility by providing either full-time interpreters or interpreters on call, both within and outside the institution, and paper and pencils for written communications.

146.30 – Auxiliary Support Services and Devices

Appropriate auxiliary support services and devices shall be provided to individuals with disabilities, when necessary, to afford them an equal opportunity to benefit from services offered by University hospitals, medical clinics, or health-related programs.

Auxiliary support services and devices may include, for example, brailled and taped material, and interpreters. In providing any type of auxiliary support services and devices, the University may require that individuals comply with campus rules regulating requests for and proper use of auxiliary support services and devices.

146.40 – Drug and Alcohol Addiction

University hospitals, medical clinics, or health-related programs may not discriminate in admission or treatment against a person with a medical condition, because of the person’s drug or alcohol abuse or alcoholism, although University health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. This does not require that all facilities must treat drug addiction and alcoholism. For example, a cancer clinic may not refuse to treat a cancer patient because he or she is also an alcoholic. If the patient’s primary problem is drug addiction or alcoholism, the clinic may refer him or her to a more appropriate facility.

146.50 – Education of Persons Admitted to University Medical Facilities

Campuses should ensure that qualified individuals with disabilities, present in University medical facilities as a result of their disability and who qualify for public preschool, elementary, secondary, or adult educational services, are provided with access to these educational services for the period of their stay. For example, a campus hospital that admits an individual with a disability who qualifies for a free public elementary school education should ensure that appropriate elementary school officials are notified of the individual’s presence and should provide access to these school officials, as medically appropriate, so that they may provide an “appropriate education” as defined in Subpart D of the Federal regulations implementing Section 504 of the Rehabilitation Act of 1973 (34 CFR Part 104).

147.00 – Voluntary Action

Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources may take voluntary steps to overcome the effects of conditions that resulted in limited participation by qualified individuals with disabilities in its programs, services, or activities.

148.00 – Notification and Publication Requirements

148.10 – Content of Publication

The implementing regulations of the Rehabilitation Act of 1973 require that students, beneficiaries, and applicants be informed that the University does not discriminate on the basis of disability. In addition, the Americans with Disabilities Act requires that applicants, participants, beneficiaries, and other interested persons be informed that the University does not discriminate against qualified individuals with disabilities on the basis of disability. It is the purpose of these Guidelines to apprise all such persons of those provisions.

148.20 – Designation of Compliance Officer

Each campus, each Laboratory, the Office of the President, and the Division of Agriculture and Natural Resources shall designate at least one employee to coordinate compliance with the applicable sections of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, including investigation of grievances and handling of inquiries.

148.30 – Compliance Statement

The compliance statement should read:

As required by applicable laws and regulations, the University of California does not discriminate on the basis of disability in admission or access to, or treatment in, the programs, services, and activities which it operates. Compliance statements should include the Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters found in Appendix C, which includes nondiscrimination on the basis of disability. Inquiries concerning these laws and regulations should be directed to (name, title, and telephone number of responsible University official).

The individual named in the compliance statement should be the person designated by each campus, each Laboratory, the Office of the President or the Division of Agriculture and Natural Resources to coordinate compliance with applicable sections of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act (see Section 148.20).

148.40 – Frequency of Publication

The compliance statement should be included on a continuing basis in recruitment materials and publications containing general information that are made available to students, beneficiaries, applicants, or program participants.

148.50 – Medium of Publication

Methods used for notification may include the posting of notices, publication in newspapers and magazines, placement of notices in official campus/laboratory publications, and distribution of memoranda or other written communications. Such notices should be available in accessible formats, which may include braille or taped formats.

149.00 – Grievance Procedures

Each campus has established grievance procedures for students to deal with complaints and allegations of noncompliance with these Guidelines. Information concerning the University’s grievance procedures as they apply to individuals with disabilities may be obtained from campus ADA/Section 504 Compliance Officers.

150.00 Student-Related Policy Applying to Nondiscrimination on the Basis of Sex

150.10 – Introduction

In compliance with Federal regulations implementing Title IX of the Education Amendments of 1972 and applicable Federal and State laws pertaining to sex discrimination, University of California policy prohibits unlawful discrimination on the basis of sex. See also the University of California Anti-Discrimination Policy.

Except where noted otherwise, for purposes of determining compliance with Federal and State laws, each campus is considered a separate unit, and in those sections of this Policy requiring proportionate facilities or services for each sex, such proportionate equality is required of each separate campus.

150.11

The term “discrimination” is used throughout this Policy to refer to unlawful discrimination. There are some discriminatory actions which are lawful and may benefit members of a particular sex. For example, Federal regulations permit actions which are undertaken for affirmative action purposes.

150.12

The term “Federal and State laws” is used throughout this Policy to refer to all applicable Federal and State laws pertaining to nondiscrimination on the basis of sex and includes implementing regulations when they exist.

150.20 – General Provisions

150.21

Except as provided in Federal or State laws, no person may be excluded on the basis of sex from participation in, denied the benefits of, or discriminated against in any academic, extracurricular, research, or other program offered by the University. This includes: (a) sex discrimination in requirements or qualifications for any University-offered aid, benefit, or service; (b) providing different aid, benefits, or services or such aid, benefits, or services in a different manner; (c) application of separate rules of appearance; (d) application of separate rules as to domicile for admission or out-of-State fee purposes; or (e) providing any assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit, or service to students or employees (for example, single-sex clubs not exempted in Section 150.40).

150.22

No campus unit, in the totality of its services, can offer programs or services exclusively for women or for men.

150.23

The University may continue to administer scholarships established by foreign or domestic legal instruments or by acts of foreign governments designed to provide opportunities for graduating students of one sex to study abroad. (See also Section 153.223.)

150.24

Programs in which the University requires or facilitates participation by its students, but which are not wholly operated by the University (for example, study abroad, clinical programs, student-teaching programs, internships) must be actively monitored to ensure that they do not contain violations of this Policy. If such violations occur and cannot be rectified, the program relationship must be terminated.

150.30 – Marital and Parental Status

150.31

No campus may apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.

150.32

Pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom must be treated in the same manner and under the same policies as any other temporary disability. This includes the campus policy on exclusion from any class or extracurricular activity; the right to medical services; the requirement of a doctor’s certification for continuance in a normal academic program; and the right to a leave of absence if requested by the student.

150.40 – Exemptions

150.41

Federal and State laws concerning sex discrimination do not apply to the membership practices of social fraternities and sororities which are exempt from taxation under applicable sections of the Internal Revenue Code. The exempt organizations include the following:

a. Fraternal beneficiary societies, orders, or associations–

1. operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and

2. providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents.

b. Domestic fraternal societies, orders, or associations, operating under the lodge system–

1. the net earnings of which are devoted exclusively to religious, charitable, scientific, literary, educational, and fraternal purpose, and

2. which do not provide for the payment of life, sick, accident, or other benefits.

150.42

Federal and State laws concerning sex discrimination do not apply to membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, girl scouts, boy scouts, camp fire girls, or voluntary youth service organizations which are exempt from taxation under applicable sections of the Internal Revenue Code.

150.43

Father-son or mother-daughter activities and similar activities are exempt from the requirements of this Policy provided that, if such activities are offered for students of one sex, opportunities for reasonably comparable activities are offered for students of the other sex.

151.00 – Admissions

151.10

Except as provided in this Policy, no preference on the basis of sex can be given in the admission of students. This includes: (a) ranking of applicants separately by sex; (b) the use of quotas for one sex; or (c) the use of tests or other criteria which have disproportionately adverse effects on one sex. The prohibition against tests or criteria which have disproportionately adverse effects on one sex is not applicable when they are shown to validly predict success in the educational program in question and alternative tests or criteria are shown to be unavailable.

151.20

Affirmative action in terms of recruitment and expansion of the availability pool is allowed in order to overcome the limited participation of one sex in a program or activity.

151.30

No inquiries as to marital status may be made in admission forms or questionnaires, nor can marital or parental status be used as a criterion for admission to any school, college, or program.

151.40

Pregnancy, childbirth, termination of pregnancy, or recovery therefrom must be treated as any other temporary disability, and such disabilities may not exclude any person from admission.

151.50

No preference in admissions to the University may be given to applicants from institutions which admit solely or predominantly members of one sex.

152.00 – Recruitment

152.10

Additional or intensified recruitment of one sex is permissible only:

a. as a remedial action required because of past discriminations;

b. or as affirmative action to counter previously limited participation in a program by members of one sex.

152.20

The University may not recruit primarily or solely at institutions which are predominantly or entirely of one sex, if such recruitment has the effect of discriminating on the basis of sex in University admissions.

153.00 – Educational Programs and Activities

153.10 – Access to Course Offerings

153.11

Except as provided in this Policy, all educational programs or activities offered by the University, including physical education, ROTC, and music classes must be offered without discrimination on the basis of sex.

153.12

With regard to physical education classes, there may be a separation of students by sex within the class activities involving physical contact as their major activity or purpose (for example, wrestling, football, and rugby). In addition, students may be grouped within classes according to ability, as measured by objective standards applied without regard to sex (for example, weight training). In cases where a single standard of grading in physical education classes has a disproportionately adverse effect upon one sex, the instructor must use alternative standards which do not have such an effect.

153.13

With regard to music classes, requirements of vocal range or quality may be used in selection of choruses, which may result in choruses of one or predominantly one sex.

153.20 Financial Aid

153.21 – General Provisions

It is the intent of this Policy that student aid funds administered by the University are awarded to men and women in a nondiscriminatory manner. A campus may not at its own discretion set aside any University-administered student aid funds in a manner that would result in discrimination on the basis of sex in the amount or type of aid received by University students on that campus. However, as provided in Federal and State laws, certain funds may be administered on a sex-restricted basis (see Section 153.22).

153.211

As a general rule, men and women in similar circumstances shall be given comparable financial aid packages and awards. The percent of aggregate need which is filled by all awards must be equitable between women and men. The proportion of repayable to nonrepayable aid in individual awards must be equitable for men and women in the same categories and the same need evaluation must be used for both sexes.

153.212

Students who are married or who are parents may not be treated differently by virtue of sex. Thus, the same policies and rules shall apply to any parent, whether married or not, without regard to sex; for instance, a woman with two dependent children shall be treated no differently from a man with two dependent children if the circumstances are otherwise the same.

153.213

As provided in Section 150.10, the campuses of the University are considered to be separate institutions. Therefore, in determining that student aid funds are awarded to men and women in a nondiscriminatory manner, each campus is responsible for assuring that financial aid funds administered by the campus adhere to this Policy.

153.22 – Administration of Sex-Restricted Funds

153.221 – Types of Awards and Conditions Governing Their Administration

The University may administer and assist outside organizations in the administration of selected sex-restricted scholarships, fellowships, prizes, or other forms of financial aid, so long as the overall effect of the sex-restricted awards on each campus does not result in discrimination on the basis of sex in the overall campus student aid program.

153.222 – Acceptance of New Funds

The University may continue to accept, for direct University administration, irrevocable gifts which impose mandatory sex restrictions on the award of student financial aid which meet the following two conditions.

a) The funds must have been established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government. A letter conveying an irrevocable gift of sex-restricted student aid funds to the University, regardless of the source of the funds, would qualify the funds for University administration under the exception permitted in Federal and State laws.

b) The instrument from which the funds derive must require that awards be made to members of a particular sex.

As new funds are accepted, periodic review of the overall student financial aid program should be undertaken by each campus to assure that the overall impact of the financial aid program remains nondiscriminatory within the meaning of this Policy.

153.223 – Acceptance of Funds for Opportunities to Study Abroad

The University may administer and assist in the administration of scholarships and other aid established by foreign or domestic wills, trusts, or similar legal instruments or by acts of foreign governments to provide members of one sex with opportunities to study abroad, provided that reasonable opportunities for similar studies for members of the other sex are made available. These opportunities may be provided from either domestic or foreign sources.

153.224 – Athletic Grants-in-Aid

It is the intent of this Policy that men and women student athletes should have reasonable opportunities for athletic grants-in-aid in proportion to the number of students of each sex participating in intercollegiate athletics. This does not mean that such grants must be awarded in proportion to the number of students participating in each individual sport. There may be differences in the number of grants for each team, but the general policy governing awards must be the same for men and women. Any short term deviation from substantial proportionality must be based on nondiscriminatory factors.

This section does not apply to campuses which do not award athletic grants.

153.30 – Athletics

153.31 – Federal Requirements—General

It is intent of this Policy that equal athletic opportunities be available for members of both sexes. As provided in Federal regulations and Office for Civil Rights guidelines, in determining whether equal opportunities are available, the following factors will be considered:

a) Whether the nature and extent of the sports programs (including the levels of competition, such as varsity, club, etc.) effectively accommodate the interests and abilities of members of both sexes;

b) The provision of equipment and supplies;

c) The scheduling of games and practice time;

d) The provision of travel and per diem allowances;

e) The nature and extent of the opportunity to receive coaching and academic tutoring;

f) The assignment and compensation of coaches and tutors, including the provision of administrative and clerical support;

g) The provision of locker rooms, practice, and competitive facilities;

h) The provision of sports medical and training facilities and services;

i) The provision of housing and dining facilities and services;

j) The nature and extent of publicity;

k) Opportunities and funding for recruitment of prospective student athletes.

While each factor does not, in and of itself, have to be distributed equally to men and women athletes, the overall program should represent a reasonably equal apportionment of services to athletes. All prime time practice hours in the main gymnasium should not, for example, be allotted to men’s intercollegiate teams, nor should women receive inferior equipment, lower travel allowances, or lesser publicity.

Each campus is encouraged to conduct a self-study to determine its compliance with these factors and prepare a plan to eliminate deficiencies if they exist.

153.32 – Federal Requirements—Teams

153.321 – Level One Activities: Intercollegiate Teams and Competitive Sports Clubs (including all teams for which members are chosen competitively)

Teams in this category may be offered separately for men and women or a single team may be offered. When a single team is offered, and members of one sex are completely or substantially excluded, the campus must offer separate teams if the athletic interests of the excluded sex are not otherwise accommodated. For example, Campus X decides to offer a single boxing team, but when tryouts are completed, it finds that all but one of the twenty females who tried out were eliminated. If boxing is a high priority on the list of sports in which women students wanted to participate, then the campus must offer separate teams. If boxing is low on the list and the sponsorship of teams in other sports would more effectively accommodate the interests of the excluded sex, then the campus may continue with the single boxing team.

153.322 – Level Two Activities: Intramurals and Recreational/Noncompetitive Sports Clubs

At this level, contact sports activities may be offered on a separate basis, a single-activity basis, or both. However, if a campus chooses to sponsor only a single activity and members of one sex are completely or substantially excluded, the campus must offer separate activities if the interests of the excluded sex are not otherwise accommodated. (See Level One Activities, above.)

Campuses may offer either coeducational teams or separate teams for noncontact sports at this level. Noncontact sports activities at this level, which do not involve selection based on skills, must be offered on a coeducational basis. When selection for teams is based upon competitive skill, separate teams for noncontact sports may be offered for members of each sex. However, if a campus offers a noncontact sport at this level for members of one sex, but such a sport is not available to members of the other sex, and athletic opportunities for members of that sex previously have been limited, members of the excluded sex must be allowed to try out for the sport.

153.33 – Athletic Grants-in-Aid

See Section 153.224.

153.34 – Program Administration

Federal and State laws do not impose structural requirements on program administration. Single athletic departments are no more or less acceptable than separate men’s and women’s departments. However, when a campus contemplates a change in administrative structure, it must take care to assess the effects on employees of both sexes of current and proposed administrative models. The campuses may not adopt any structural model which has a disproportionately adverse effect upon employment opportunities of employees of one sex.

153.40 – Housing

153.41 – On-Campus Housing

The campuses may provide separate housing on the basis of sex if the housing offered to renters of each sex annually is, as a whole, comparable in quality and cost and proportionate in number to the number of housing applicants from each sex. To assess quality, each campus must review the variety of on-campus housing opportunities available.

153.42 – Off-Campus Housing

153.421

The California Fair Housing and Employment Act and the Federal Fair Housing Act prohibit discrimination in housing based on sex. In addition, these Acts prohibit any person from publishing a notice regarding rentals which discriminates on the basis of sex. Accordingly, rental listings which specify a preference based on sex should not be accepted for listing at the University. Federal law exempts owners of single-family homes and dwelling units of no more than four units from these prohibitions, provided in the latter case that the owner lives in one of the units. Federal law also exempts religious or nonprofit organizations or private clubs which offer lodging to members.

153.422

Federal and State laws do not specifically prohibit or exempt individuals seeking roommates from specifying sex preference. Nonetheless, a campus may accept single-sex roommate listings provided the campus assures itself that, when considered in its entirety, housing listed separately for men and women is comparable in quality and cost to the student and proportionate in number.

153.423

Given the difficulty of investigating each listing to determine if off-campus housing is comparable in quality and cost and proportionate in number, each campus may choose to list only off-campus housing not restricted by sex or to follow up on grievances related to the above and look for patterns of discrimination in housing. If the campus determines on the basis of a grievance investigation that housing for one sex is not comparable to that available to the other sex, then the campus should take corrective action to generate new sources of comparable housing or eliminate all separate listings.

153.50 – Counseling

153.51

Each campus must evaluate its practices and policies with regard to academic and career counseling and assure itself that such counseling is not done on the basis of sex. Further, if a campus finds, by means of an annual review of enrollment data by sex, that any one class or program has a disproportionate participation by one sex, that campus must assure itself that such participation is not the result of sex discrimination in counseling.

153.52

In addition, each campus must assure itself, by a review thereof, that the tests and other materials which it uses in its counseling programs are the same for both sexes. Only when counseling is being used to eliminate previous sex bias, may different materials be used (for example, academic or career counseling for women in fields with disproportionate representation). If upon evaluation it is determined that the tests or materials being used to counsel students have the effect of channeling a substantially disproportionate number of persons of one sex into a particular program or course of study, alternative materials must be used.

153.60 – Student Employment

153.61

The placement office of each campus must require all prospective employers to attest to the fact that they do not discriminate unlawfully on the basis of sex in either their hiring or employment practices. If an employer refuses, or it is determined that the employer does, in fact, discriminate unlawfully on the basis of sex, the campus may not continue to assist the employer in any way.

153.62

With regard to student part-time employment, when job listings are often phoned in for jobs available immediately, it is often difficult for an employer to sign a statement. In this case, staff at the student placement office should read the compliance statement over the phone to the prospective employer and a record of that agreement should be noted by the placement office.

153.63

Each campus must require off-campus organizations that offer work-study jobs which are administered through the financial aid offices to verify that they do not discriminate on the basis of sex in either their hiring or employment practices.

153.70 – Health Insurance and Benefits and Services

153.71 – Health Insurance

If a campus makes available medical or health insurance policies to students and those policies include coverage of temporary disabilities, pregnancy and related conditions must be included in the coverage.

153.72 – Benefits and Services

Benefits and services may be provided which may be used by a larger proportion of students of one sex than of the other, including family planning and contraceptive services. Any campus which provides full coverage health services must provide gynecological care.

154.00 – Facilities

The campuses may provide separate toilet, locker room, and shower facilities on the basis of sex. However, all such facilities offered to members of one sex must be comparable to those offered to the other sex (for example, men’s or women’s lounges).

155.00 – Designation of Responsible Employee

Each campus and the University as a whole must designate at least one employee to coordinate compliance with Federal and State laws pertaining to nondiscrimination on the basis of sex, including investigation of grievances and handling inquiries. In addition, these employees must supervise the various reviews and evaluations of programs and policies required by law. As provided in Section 157.00 below, all students must be notified of the name and/or title, office address, and telephone number of this person or persons.

156.00 – Grievance Procedures

Each campus has established student grievance procedures to handle complaints and allegations of noncompliance with Federal and State laws and this Policy.

As provided in State law, persons who have filed a complaint pursuant to this Policy must be advised by the campuses that civil law remedies may also be available, including injunctions, restraining or other orders, and monetary damages. Campuses must make this information available to students and employees by publication in appropriate informational materials.

157.00 – Notification

Federal and State laws require the University to inform students of the University’s policy of nondiscrimination on the basis of sex. Notification statements should include the Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters found in Appendix C, which includes nondiscrimination on the basis of sex.

The individual(s) named in the notification statement should be the appropriate campus official(s) designated in Section 155.00 to respond to inquiries concerning nondiscrimination on the basis of sex.

158.00 – Publication Requirements

158.10 – Frequency of Publication

The notification statement must be included on a continuing basis in materials given to applicants for admission, sources of referral for applicants for admission, and in other materials used in connection with recruitment of students. The notice also must be included in publications containing general information that are made available to all students.

158.20 – Methods of Publication

Methods used for notification may include the posting of notices, publication in campus newspapers and magazines, placement of notices in official University publications, and distribution of memoranda or other written communications.

160.00 [Rescinded January 1, 2016]

170.00 Policy on University Obligations and Student Rights

171.00

As members of the University community students shall have the right:

171.01

To participate in the governance of the University, consistent with the University’s stated goal (see Section 120.00 of these Policies) of enhancing student participation in the governance process by seeking student opinions and viewpoints on matters affecting both their academic and non-academic experiences and especially those decisions that directly affect their welfare, through drawing upon official student representation, as well as additional means for seeking student input as appropriate;

171.02

To have published annually by the University those schedules of both systemwide and campus-based fees and charges that must be paid by all students to whom the fees and charges apply as a condition of attendance. Such schedules shall not be subject to change during the year, except upon recommendation of the Chancellor or the President (as appropriate) or as required by action of The Regents. Each campus shall issue procedures as appropriate for challenging whether a particular fee or charge is due and, if it has already been paid and is subsequently determined by the campus not to be due, for securing a refund;

171.03

To have published annually by the University refund schedules for new and continuing students. This provision may also be satisfied by the publication by the University of annual written notice that such schedules are available electronically on the Internet on official University websites;

171.04

To have published annually by the University information about graduation rates of enrolled students and student athletes, as well as information in compliance with all other notification requirements to students that may be satisfied by publication, as specified by applicable law. This provision may also be satisfied by the publication by the University of annual written notice that such information is available electronically on the Internet on official University websites;

171.05

To receive annually from the University written information on campus crime statistics, as well as information in compliance with all other notification requirements to students that rise above simple publication to require individual distribution of the information to students, as specified by applicable law. This provision may also be satisfied by the publication by the University of annual written notice that such information is available electronically on the Internet on official University websites, subject to the additional requirement that, if the campus crime statistical information is made available by posting on the Internet, notice must be provided directly to the enrolled student that includes the exact electronic address at which the information is posted, a brief description of the information, and a statement that the campus will provide a paper copy of the information upon request (for the specific language of the requirements see the Department of Education Clery Handbook);

171.06

To receive annually written information on the campus’ standards of conduct regarding the unlawful use, possession, and distribution of drugs, alcohol, and other illegal substances; a statement affirming that disciplinary sanctions will be imposed for violations of the standards of conduct; a description of the sanctions; and other information as specified by applicable law;

171.07

To be protected against the improper collection of information on students’ political and social views, beliefs, and associations;

171.08

To have access to, and be protected against the improper disclosure or withholding of, information from student records in accord with applicable State and federal law, Section 130.00 of these Policies, and campus implementing regulations. When the law and regulations are unclear in their application, the University shall be guided by two principles: (1) the privacy of an individual student is of great weight, and (2) the information in a student’s file should be disclosed to the student upon request;

171.09

To have all academic decisions affecting their academic standing, including the assignment of grades, based upon academic considerations only, administered fairly and equitably under policies established by the Academic Senate. In professional curricula, such decisions may include consideration of performance according to accepted professional standards. Equitable grievance procedures, established pursuant to Section 114.00 of these Policies, shall be developed in consultation with student representatives and implemented;

171.10

To petition the Academic Senate on matters within the jurisdiction of the Senate;

171.11

To the extent appropriate to the circumstances, to be free from University discipline for actions committed involuntarily or under duress. However, violations committed under the influence of drugs, alcohol, or illegal substances will be subject to student disciplinary procedures;

171.12

To have access to equitable grievance procedures established pursuant to Sections 111.00 and 112.00 of these Policies;

171.13

To petition for any change in these Policies, or in campus implementing regulations, through the appropriate campus office or the Office of the President;

171.14

To petition to appear before the Board of Regents under procedures set forth in the Bylaws. Individual students are entitled to seek an appearance before the Board to speak in open committee or Board session on matters on The Regents’ agenda. Students must follow administrative procedures established by their respective campuses to appeal individual academic or administrative decisions relating to the above; and

171.15

If registered for a current term on any University campus, to have access to basic outpatient health care services of any other University campus, under conditions that apply to students registered on that campus.

Appendix A: Authorized Student Governments

Pursuant to Section 61.00 of these Policies, the student governments of the University of California authorized by the Chancellors as of September 5, 2007 are as follows:

Associated Students of the University of California, Berkeley

Associated Students of the University of California, Davis
Graduate Student Association, University of California, Davis 
Law Student Association, University of California, Davis 

Associated Students of the University of California, Irvine 
Associated Graduate Students, University of California, Irvine 
Associated Medical Students, University of California, Irvine

Undergraduate Student Association, University of California, Los Angeles
Graduate Student Association, University of California, Los Angeles 

Associated Students of the University of California, Merced
Graduate Student Association, University of California, Merced 

Associated Students, University of California, Riverside
Graduate Student Association, University of California, Riverside 

Associated Students of the University of California at San Diego 
Graduate Student Association, University of California, San Diego

Associated Students of the University of California, San Francisco 
Graduate Students Association, University of California, San Francisco

Associated Students, University of California, Santa Barbara 
Graduate Students Association, University of California, Santa Barbara

College Student Governments, University of California, Santa Cruz
Student Union Assembly, University of California, Santa Cruz
Graduate Student Association, University of California, Santa Cruz

Appendix B: Use of the University’s Name

See Education Code Section 92000-92001

92000. (a) The name “University of California” is the property of the state. No person shall, without the permission of the Regents of the University of California, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:

1. To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.
2. To imply, indicate or otherwise suggest that any such organization, or any product or service of such organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the University of California.
3. To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program.

(b) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement of his or her present or former relationship or connection with, his or her employment by, or his or her enrollment in, the University of California in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever.

(c) Every person violating the provisions of this section is guilty of a misdemeanor.

92001. Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a hearing conducted by the University of California.

Appendix C: Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters

The University of California, in accordance with applicable Federal and State law and University policy, does not discriminate on the basis of protected categories as defined in the University of California Anti-Discrimination Policy. The University also prohibits sexual harassment. This nondiscrimination policy covers admission, access, and treatment in University programs and activities.

Inquiries regarding the University’s student-related nondiscrimination policies may be directed to:

Kirsten K. Quanbeck
Vice Chancellor, Equal Opportunity and Compliance
Division of Equal Opportunity and Compliance
103 Multipurpose Science & Technology Building (MSTB)
Irvine, CA 92697-1130
Phone: (949) 824-5594
TDD: (949) 824-7593
Fax: (949) 635-7516
Email: oeod@uci.edu

Appendix D: University of California Policy and Supplemental Guidelines on the Marketing of Credit Cards to Students

(Compliant with California State Legislature AB 262 (Coto), the College Student Credit Protection Act, chaptered October 14, 2007 (California Ed Code 89030 and Chapter 1.4, Part 65, Div 14, Title 3, and California Government Code 13332.09) and the federal Credit Card Accountability Responsibility and Disclosure Act of 2009)

The California Student Financial Responsibility Act of 2001 requested that the University of California “adopt policies to regulate the marketing practices used on campuses by credit card companies.” In addition, the Credit Card Accountability Responsibility and Disclosure Act of 2009 seeks to protect young consumers by implementing specific safeguards and increasing the transparency of affinity agreements between credit card companies and universities. Pursuant to such legislation and consistent with the interest of the University in establishing minimum Universitywide standards (based on existing campus policies in this area) to regulate such activity, the following Policy applies to all banks and other commercial entities (including their third-party representatives) that engage in the marketing of credit cards to students through solicitation activities (hereafter referred to as “marketing” activities) on or near campuses and at campus events of the University of California.

The accompanying Guidelines are intended to provide supplemental guidance to campuses in their implementation of this Policy.

University of California Policy on the Marketing of Credit Cards to Students

I. All banks and other commercial entities (including their third- party representatives) shall be required to register with the campus administration before engaging in activities for the purpose of marketing credit cards to students on or near a campus or at an event sponsored by the campus.

II. Such marketing activities shall be restricted to specific sites and times designated by the campus administration as appropriate to such activities.

III. At the discretion of the campus administration and to the extent permitted by law, all banks and other commercial entities (including their third-party representatives) engaged in such marketing activities may be assessed a daily or other periodic fee by the campus, at a level consistent with that charged to other commercial vendors.

IV. In order to help ensure that students are provided the opportunity to make reasonably informed decisions about both the general degree of credit indebtedness they are equipped to incur and the terms of a particular offer of credit, all banks and other commercial entities (including their third-party representatives) that have registered with the campus administration to engage in marketing activities as defined in Section I of this Policy:

a. Are permitted to solicit students by providing them with information on credit card offers, including credit card application materials and accompanying information relating to the terms and conditions of a particular offer of credit as required by law;

b. Are required, when requested by the campus, to display appropriate signage identifying the bank or other commercial entity they represent and verifying that they have registered with the campus, and also to display and make available a copy of this Policy as well as campus-supplied debt education materials promoting the responsible use of credit cards. Banks and other commercial entities (including their third-party representatives) that have available such debt education materials from a non-campus source that wish to provide those materials to students in lieu of campus-supplied materials may do so, as long as the materials are campus-approved;

c. Are prohibited, while on campus, from collecting personal information from students specifically for credit card application purposes (including, but not limited to, completed credit card application forms and similar materials), either at the time of solicitation or subsequently. Rather, such completed application materials may be mailed or hand-delivered by students, once they have read and considered the materials and are in a position to make an informed decision, to an off-campus office of the bank or other soliciting entity at a later time.

d. Are prohibited, while on campus, near the campus (within 1,000 feet) or while at an event sponsored by or related to the campus, from offering tangible items to students for the purpose of inducing students to apply for or participate in an open end consumer credit plan offered by such card issuer or creditor.

V. Banks and other commercial entities (including their third-party representatives) engaged in marketing activities that are found to be in material violation of any provision of this Policy may be denied access to the campus for the purpose of engaging in such activities for a specified period, depending on the nature and extent of the violation(s).

VI. Consistent with the above and other applicable provisions of University policy, campuses may develop such additional implementing regulations governing the time, place, and manner of the marketing activities of banks and other commercial entities (including their third-party representatives) for the purpose of the on-campus marketing of credit cards to students as are reasonable and appropriate.

VII. Campuses must disclose all contracts or agreements with banks or other commercial entities for the purpose of marketing credit cards. Disclosure may be achieved by posting the agreement on the campuses’ websites or by making the agreements available upon request.

VIII. Consistent with the applicable laws governing commercial free speech, nothing in this Policy shall preclude campuses from prohibiting outright the marketing and/or other solicitation activities of banks and other commercial entities (including their third-party representatives) for the purpose of the on-campus marketing of credit cards to students, as long as that prohibition is part of a blanket campus prohibition against the on-campus marketing and/or other solicitation activities of all categories of commercial vendors without consideration for the content or nature of the goods or services of any particular category of vendor. Campuses shall consult with the Office of the General Counsel in the development of any local campus regulations that are more restrictive than this Policy.

IX. All banks and other commercial entities must submit to the Board of Governors of the Federal Reserve System an annual report detailing the terms and conditions of any agreements with the University to provide and market credit cards to students.

X. Any banks or other commercial entities who engage in marketing activities on or near campus or at campus events or who have contracted with the University for the purpose of marketing credit cards must comply with the Credit Card Accountability Responsibility and Disclosure Act of 2009.

Supplemental Guidelines for Implementing the University of California Policy on the Marketing of Credit Cards to Students

I. When restricting marketing activities to specific sites and times as provided by Section II of the Policy, campuses are strongly encouraged to give consideration to strictly limiting the number of such sites, as well as the times that such activities can take place, consistent with the provisions of the California Student Financial Responsibility Act of 2001 and with the Credit Card Accountability Responsibility and Disclosure Act of 2009.

II. A. Further consistent with the provisions of the California Student Financial Responsibility Act of 2001, and with the Credit Card Accountability Responsibility and Disclosure Act of 2009, campuses are strongly encouraged to provide credit-card and other debt education to all students. Although campuses may develop their own programs (see Section II.B of these Guidelines), they are encouraged to minimize workload by taking advantage of available third-party programs and materials that have been reviewed and approved by the campus and/or by providing referrals to high-quality programs, materials, and counseling available at no cost from third-party entities. Among the means to be considered by campuses are:

1. Using new student orientation programs to target education efforts particularly toward first-year students, many of whom have no previous experience managing personal credit;
2. Posting debt management information on a campus website that students commonly access; and
3. Encouraging cross-departmental sharing of credit-card and other debt education materials.

II. B. Pursuant to Section II.A of these Guidelines, campuses that elect to charge marketing fees as provided by Section III of the Policy may wish to give consideration to applying the fee to the cost of developing new, or improving existing, campus debt counseling services and/or related credit-card education activities and programs that may be available through the Office of Student Financial Support and other campus departments.

III. To the extent financially feasible, campuses are further encouraged to examine their practices regarding the insertion of credit-card promotional materials into shopping bags that are used in their bookstore or other retail operations, and give consideration to either 1) phasing out that practice, or 2) requiring that such materials be accompanied by campus-approved debt-education materials promoting the responsible use of credit cards.

IV. The University recognizes that any law or University policy aiming at the stricter regulation of the on-campus credit card solicitation of students by banks and other commercial entities or their third-party representatives may have the effect of redirecting the focus of such solicitation efforts to students just outside the campus boundaries. Accordingly, campuses are encouraged to consider working with local municipalities to promote the enactment of new municipal time, place, and manner regulations and/or, where such regulations are already in existence, to support their more rigorous enforcement, consistent with the underlying public policy intent of the California Student Financial Responsibility Act of 2001 and the Credit Card Accountability Responsibility and Disclosure Act of 2009 to promote an environment actively supportive of the conditions for encouraging student financial responsibility.

Appendix E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for Non-DOE-Covered Conduct

Link to Appendix E.

Appendix F: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for DOE-Covered Conduct

Link to Appendix F.

Appendix 1: Anti-Hazing Compliance

The State of California and the University of California have expressly and repeatedly asserted their opposition to hazing and preinitiation activities which do not contribute to the positive development and welfare of the individuals involved.

In February 2006, the Education Code of the State of California was repealed and amended to codify within the Penal Code a new definition of hazing. In accordance with the revised Education Code and Penal Code, students are advised of the following:

Penal Code 245.6

Section 245.6 of the Penal Code reads:

(a) It shall be unlawful to engage in hazing, as defined in this section.

(b) “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.

(c) A violation of this section that does not result in serious bodily injury is 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 for not more than one year, or both.

(d) Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment in the state prison.

(e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing.

(f) Prosecution under this section shall not prohibit prosecution under any other provision of law.

Appendix 2: Campus Policy on Dances Sponsored by Registered Campus Organizations

Dances sponsored by UCI registered campus organizations and held on the campus are primarily for the participation and social enjoyment of club members. Admission to dances sponsored by registered campus organizations shall be restricted to UCI students (with proper identification) and those individuals 18 years or older. Under certain circumstances, a guest list may be utilized to access admission to individuals who do not meet the above criteria.

Appendix 3: UCI Guidelines for Reporting and Responding to Reports of Sex Offenses and UC Policy on Sexual Harassment and Sexual Violence

UC Policy on Sexual Violence and Sexual Harassment

UC Policy: PACAOS-Appendix-E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for Non-DOE-Covered Conduct

UC Policy: PACAOS-Appendix-F: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for DOE-Covered Conduct

UCI Guidelines for Reporting and Responding to Reports of Sex Offenses

UCI Guidelines for Reporting and Responding to Reports of Discrimination and Harassment

Appendix 4: [Deleted on October 9, 2009]

Appendix 5: Policy on Unauthorized Use of Course Materials for Commercial Purposes (Reference to Section 102.23)

I. Definitions

A. Course Materials: The term course materials means all materials prepared by or under the supervision of the instructor for use in the course, including, but not limited to lectures and discussions, handouts, examinations, and the course website. Notes or readings of class lectures and discussions are considered course materials for purposes of this Policy.

B. Commercial Purpose: The term commercial purpose means any purpose that has financial or economic gain as an objective. Commercial purpose does not include University activities, such as an activity engaged in on behalf of the Disability Services Center or the Learning and Academic Resource Center.

II. Policy

Course materials are for purposes of individual or group study or for other non-commercial purposes reasonably arising from the student’s enrollment in the course or the University. Permission to use course materials or to make notes or recordings falls within the instructor’s discretion as informed by instructional purposes, classroom order, property interests or other reasonable issues arising in the academic context. Course materials may not be exchanged or distributed for commercial purposes, or for any other unauthorized purposes. Unless authorized in advance and in writing by the instructor and by the University, commercial use of course materials constitutes an unauthorized commercial activity in violation of the UCI Policies Applying to Campus Activities, Organizations, and Students, section 40.00(B). Requests for authorization from the University should be directed to the Associate Vice Chancellor, Student Affairs. Students who violate this policy are subject to University discipline. In addition, misuse of course materials may subject an individual to legal proceedings.

AB 1773 was signed into law during September 2000, to be effective January 1, 2001. This State Law amended the California Education Code, as follows:

66450(a) Except as authorized by policies developed in accordance with subdivision (a) of section 66452, no business, agency, or person, including, but not limited to, an enrolled student shall prepare, cause to be prepared, give, sell, transfer or otherwise distribute or publish, for any commercial purpose, any contemporaneous recording of an academic presentation in a class room or equivalent site of instruction by an instructor of record. This prohibition applies to a recording made in any medium, including but not necessarily limited to, handwritten or typewritten class notes.

The full text of the California Education Code 66450-66452, including a description of civil penalties and the legal and financial remedies available to the University and an individual instructor for violations of this State law, can be found at www.leginfo.ca.gov and at http://caselaw.lp.findlaw.com/cacodes/edc/66450%2D66452.html

Nothing in this Policy is intended to alter the intellectual property rights of the instructors. Students are reminded that this Policy also applies to their use of any course materials posted by instructors on websites.

Nothing in this Policy is intended to alter the obligation of students and campus organizations to obtain proper authorization from the instructor and/or the University concerning the non-commercial use of course materials.

Appendix 6: Policy for Student Fee Funded Facilities

Approved July 1, 2016

INTRODUCTION

This policy applies only to those fee initiatives which require incidental student mandatory fees for the construction, expansion, renovation and/or operation of campus facilities. Amendments to or deletions from this policy shall be reviewed by the AGS and ASUCI councils and approved by the Chancellor.

SECTION I

PROCESS FOR FEE FUNDED FACILITIES INITIATIVE

1. A proposal for a fee initiative may be submitted to the Chancellor for approval from one of the following sources:

a. The ASUCI and AGS councils after receiving formal support by both councils.

b. A petition signed by at least 8% of the combined registered graduate and undergraduate students.

2. The content of the fee initiative shall be submitted in its entirety to the Chancellor for approval. The initiative shall include the following provisions:

a. Use of the fee including whether or not fees are to be used for facility operations and maintenance costs.

b. Effective date of the fees.

c. Length of time the fee will be collected.

3. The voting procedure for the fee initiative shall be submitted in its entirety to the Chancellor for approval. The voting procedures shall contain the following provisions:

a. Wording of the ballot.

b. The information brochure which shall accompany each ballot providing balanced arguments for affirmative and negative voting.

c. Determination of how invalid and blank ballots shall be counted.

d. Criteria for determining approved fee level when more than one choice exists.

e. Voting logistics (i.e., voting dates and times, locations, verification of eligibility of votes).

The fee initiative election may be held through ASUCI elections in accordance with the ASUCI Election Code and Constitution. If the voting is done outside the ASUCI Election Code process, ASUCI Council shall review the procedures and make a recommendation to the Chancellor as to whether or not they should be followed.

f. Mail ballots and proxy ballots shall not be used.

4. The minimum requirement for free initiative approval shall be 20% of the registered student body of which at least 60% must vote in the affirmative.

5. Before the voting procedures are presented to the Chancellor for approval, the Office of Student Services on behalf of the campus administration shall make a formal presentation of the proposed facilities plan, (i.e., structural, financial, promotional, educational, etc.) to the ASUCI Legislative Council at a regularly scheduled council meeting. This presentation shall be for informational purposes only and not for approval.

a. If the campus administration spends funds to produce printed materials in support of an initiative, it shall make available through ASUCI an equal amount for distribution to students with opposing arguments and points to view. The amount of funds shall be limited to the cost of printing the material and shall not include the cost of printing the information brochure and other balloting materials.

b. The funding for opposing arguments shall be transferred, in full, from the Office of Student Services to the ASUCI Business Office. The appropriations of these funds shall be the sole responsibility of the ASUCI Legislative Council. Appropriations to student groups shall be considered only after they have formally applied to the ASUCI Legislative Council with a comprehensive counter advocacy/educational plan.

6. In the event of a negative vote, the fee initiative shall not return to the ballot until two academic quarters have elapsed from the day the fee initiative results were declared official. The Chancellor must authorize another initiative, based on another recommendation from one of the sources outlined in item (1) Section I.

SECTION II

FACILITY ADVISORY BOARD GUIDELINES

1. The Chancellor shall approve the Facility Advisory Board Guidelines. These shall not require approval by a general vote of the student body.

a. The final draft of the initial and/or revised Facility Advisory Board Guidelines shall be reviewed by both the ASUCI and AGS Legislative Councils.

b. Final approval of the Facility Advisory Board Guidelines and any amendments thereto shall be made by the Chancellor.

2. The Facility Advisory Board Guidelines shall contain the following membership provisions:

a. Membership shall be a majority of students.

b. The approval of the Board’s student members shall be made by ASUCI and AGS.

c. The Chair shall be a student on the Board who is elected by the Board.

d. The Director of the Facility shall be a non-voting, ex-officio member of the Board.

e. There shall be no co-seats on the Facility Board.

SECTION III

FACILITY ADVISORY BOARD CONSTRUCTION DUTIES

1. The Facility Advisory Board shall review and recommend for approval the following:

a. The Project Planning Guide.

b. The Project Budget.

c. The Executive Architect.

d. The Detailed Project Plan.

e. Final bid documents.

f. Proposed changes in scope during construction.

g. Name of the facility.

2. The University’s Building Advisory committee shall include members from the Facility Board. The Committee shall participate in aspects of the project development including, but not limited to, review of the following:

a. Original contract amounts and associated liens/expenditures.

b. Field order and non-scope change orders.

c. Budgeted overhead amounts and associated liens/expenditures.

Appendix 7: Firearms on Campus

As per Section 626.9 of the California Penal Code (firearms on campus), it is a felony to:

Bring or possess upon grounds of or within any public school, including the University of California, California State University, without permission of school authorities (except peace officer, military, licensed armored vehicle guard, etc.)

As per Section 626.10 (b) of the California Penal code (knives on College Grounds), it is also a felony for:

Anyone except authorized persons to bring or possess any dirk, dagger or knife with blade over 2 1/2 inches long, on the grounds of or within any state university, state or community college.

Please report to the UCI Police Department anyone who has stated they have a gun on campus or who has made a threat to use a firearm on campus. You can ask to be anonymous when reporting.