Frequently Asked Questions
What does the Office of Judicial Affairs & Community Standards and the student conduct administrator do?
The Student Conduct Administrator (SCA) is responsible for administering the CSU student disciplinary process at CSUMB and acts on behalf of the University regarding all aspects of student discipline. The SCA receives reports of alleged student misconduct relative to the University Student Code of Conduct, and investigates complaints in order to determine whether the University should pursue disciplinary action. University disciplinary action may occur concurrently with criminal action and/or Housing’s disciplinary process. The SCA also moves forward with discipline for Title IX violations that are forwarded from the University’s Discrimination, Harassment and Retaliation Investigator. Campus-related student conduct violations can include both academic and non-academic misconduct, and can also include off-campus misconduct, and misconduct at off-campus University sponsored events.
The SCA reviews and investigates complaints received (except Title IX cases which have already been investigated and are referred only for a disciplinary outcome). If there appears to be evidence of a violation of the Student Code of Conduct the SCA sends the student a charge letter by email informing them that they have been charged with allegedly being in violation of the university’s Student Code of Conduct and they must contact the SCA to schedule an appointment. The student charged also receives a copy of the CSU Disciplinary Procedures policy that they are being charged under.
According to CSU policy a formal disciplinary hearing is then scheduled and the matter moves ahead through the formal hearing process with or without the student’s participation. The student charged will be sent a Notice of Hearing by email. The conference meeting is the student’s opportunity to be heard and involved in determining the outcome of the conduct case and it is important to schedule and attend the conference meeting with the SCA!
The SCA explains the student’s rights to them and reviews with the student how the student conduct process works. The SCA then shares with the student the information they received about the incident, who is accusing the student, date, time, circumstances of the incident, etc. The student then has an opportunity to respond and may ask any questions they have, or share anything they think is important. It is the SCA’s hope that the conference meeting is an opportunity for an open and honest discussion about the incident.
In most cases after the discussion the student charged and the SCA are able to agree on a mutually acceptable resolution to the charges. The resolution usually takes into account the seriousness of the charge,the evidence, the student’s honesty and/or acknowledgment of their responsibility, any student needs specific to the violation (alcohol/drug treatment, counseling services, academic assistance, restitution, etc.), and/or previous disciplinary incidents. There solution is written up in a formal resolution agreement that both the student and the SCA sign. The resolution agreement outlines the conditions they agreed upon and is part of the student’s confidential educational record.
If the student and SCA are not able to agree on a mutually acceptable resolution the student has aright to proceed to a formal disciplinary hearing.
Students accused have aright to bring an advisor (friend, spouse, parent, etc.) with them to the conference meeting but most students do not.
According to University policy students charged with a violation are not allowed to have an attorney represent them or attend the conference meeting with them. If the student charged is facing a criminal case for the same incident or facing expulsion (permanent removal from CSUMB and the CSU system) they are allowed to bring an attorney as their advisor to their formal disciplinary hearing but their advisor (attorney) cannot speak for them or represent them and is there to only advise the student.
If the alleged violation is also charged as a criminal case, can I also be charged through the CSU student disciplinary process?
Yes, the same incident can result in criminal charges, University Student Conduct charges and/or University Housing disciplinary charges. Each process is separate and operates under separate rules. (If a criminal case is dismissed it can still go forward as a student disciplinary case due to different standards of evidence and procedures).
Not without the student’s written permission. Records and files created through the student disciplinary process are “educational records” protected under the Family Educational Rights and Privacy Act (FERPA) and are generally protected from being released to third parties without written consent from the student involved in the disciplinary process. The records can be subpoenaed through acriminal process though.
My professor gave me an f for cheating or plagiarizing...do i still need to respond to the charge letter to meet with SCA?
Yes, the professor can also refer students for University discipline in addition to the grade or academic sanction they assign.
You can contact the SCA at 831-582-4597 or by emailing email@example.com. Campus community members can meet with the SCA and discuss the situation and review their options before deciding to file a complaint (unless it is a sexual harassment/assault complaint and then the SCA is required to report it to the University Title IX Coordinator for investigation). Students who wish to confidentially discuss a sexual harassment or sexual assault complaint can speak confidentially with a counselor at the Personal Growth & Counseling Center (831-582-3969) or the campus Victim Advocate.
According to CSU policies victims of physical assault, sexual assault or sexual harassment are required to be informed of the outcome of the student charged student conduct case. Victims of sexual assault or sexual harassment cases that are referred by the Title IX Coordinator for student conduct are also consulted during the student conduct process about possible resolutions being considered.
Student Conduct outcomes for students who are charged with offenses that do not come under Title IX or Discrimination, Harassment or Retaliation are not able to be shared with complainants.