UC Office of the President has the ultimate authority to amend the UC-Wide Code of Student Conduct. This is the second round draft of proposed policy changes to the UC-wide Code of Conduct that claim to address hate crimes.
What is important to understand is that UC-wide Code of Student Conduct is the baseline code that each UC campus must use, but the way the ADMINISTER this can vary from UC-to-UC. The Office of Student Conduct is the ones who administer the Code. The revision Task Force at UC Berkeley will be recommending changes to the way the UC Berkeley's Office of Student Conduct administers the Code.
REVISED with Track Changes: Proposed Policy Changes to Address Hate Crimes
1. Terrorizing Conduct
The following new language would be added to the Policy on Student Conduct and Discipline (section 102.00 Grounds for Discipline):
“[The following is prohibited:] Conduct, where the actor means to communicate a serious expression of intent to terrorize, or acts in reckless disregard of the risk of terrorizing, one or more University students, faculty, or staff. ‘Terrorize’ means to cause a reasonable person to fear bodily harm or death, perpetrated by the actor or his/her confederates. ‘Reckless disregard’ means consciously disregarding a substantial risk. This section applies without regard to whether the conduct is motivated by race, ethnicity, personal animosity, or other reasons. This section does not apply to conduct that constitutes the lawful defense of one’s self, of another, or of property.”
2. Sanction Enhancement for Violations Motivated by Hate
The following new language would be added to the Policy on Student Conduct and Discipline (section 104.00 Administration of Student Discipline):
“Sanctions [for any violations of the Grounds for Discipline] may be enhanced where the victim was selected because of the victim’s race, color, national or ethnic origin, citizenship, sex, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition (cancer related or genetic characteristics), or perceived membership in any of these classifications.”
3. Discipline for criminal convictions
The following new language would be added to the Policy on Student Conduct and Discipline (section 102.00 Grounds for Discipline):
“[Students may be subject to discipline, i.e., discipline is possible, not mandatory, on the basis of] A conviction under any California state or federal criminal law, when the conviction constitutes reasonable cause to believe that the student poses a current threat to the health or safety of any person or to the security of any property, on University premises or at official University functions, or poses a current threat to the orderly operation of the campus.”
Tuesday, October 26, 2010
Task Force Invitation and Charge
This is the email I received from Provost Breslauer with the history and charge of the Task Force.
"October 18th, 2010
Elliott Goldstein
ASUC
Dear Elliott,
I am writing to invite you to serve on a Task Force which will be responsible for reviewing aspects of Berkeley’s Code of Student Conduct. I believe your valuable and informed perspectives will contribute to the success of this important endeavor. The Task Force will be co-chaired by Vice Chancellor Harry Le Grande and Academic Senate Vice Chair and Professor Bob Jacobsen. The work of the Task Force is expected to conclude by the end of spring semester 2011.
Introduction and Background
During the 2009-10 academic year, there were several disruptive protests on campus. In cases where violations of the Code of Student Conduct were alleged, students were referred to the Center for Student Conduct. Some of these cases raised questions and concerns regarding facilitation of the student conduct process and whether policies and processes were fair in content and application.
Last spring, I accepted Vice Chancellor Harry Le Grande’s request to appoint a task force to review our current Code of Student Conduct. The Code of Student Conduct was last reviewed in 2003 and that committee, composed of students, faculty, and staff, made several substantive recommendations that have been implemented since that time.
The work of the 2003 review committee was “…guided by a belief that as an educational institution, the campus has an obligation to use the student conduct process as an educational opportunity.” This philosophy provides the framework for our current student conduct policies and processes; however, questions have been raised about the scope and limits of the educational approach. In addition, there have been questions raised related to the processes associated with the administration of the Code of Student Conduct.
Therefore, I am charging this Task Force to address the specific issues raised this past year by students, faculty, and staff involved in student conduct issues. The Task Force will be provided with background material including the current Code of Student Conduct, modifications to the Code policies and processes made since the 2003 review, and the 2003 Code of Student Conduct Final Report and Recommendations, among others.
Task Force Charge
Acknowledging the importance of balancing the rights and responsibilities of the individual student and the campus community at-large, as well as protecting the integrity of the institution and its values, the Task Force will conduct a review to ensure that the current policies and processes in the areas listed below are fair in applicability, consistent in process, and timely in resolution. The Task Force will not review the Code in its entirety but will specifically address the following areas:
1. Code timelines (e.g., are timelines fair, realistic and/or appropriate?)
2. Communication process (e.g., clarity on notice of charges and next steps)
3. Decision rights and representation at various stages of the conduct process
4. Capacity of department (e.g., staffing parameters, case load, and student needs)
5. Consequences (e.g. interim suspension) and sanctions (e.g. writing essays)
6. Congruence with best practices related to these areas of student conduct on college campuses
Task Force Composition
The Task Force membership was formed with a goal of ensuring a broad representation of campus constituencies affected by the Code while recognizing the realities of managing an aggressive timeline and integrating complicated individual schedules. The group is composed of representatives from the faculty (3 from the Academic Senate and 3 faculty at-large), students (2 from ASUC, 2 from Graduate Assembly, 2 from the Student Advocates Office, and 1 student-at-large from the Vice Chancellor, Student Affairs Advisory Council), and 1 staff each from the Office of Legal Affairs, Office of the Dean of Students, UC Police Department, and the Graduate Division.
The Task Force is expected to seek input from a wide range of faculty and student voices so that its deliberations include points of view that may not be represented by the membership of the Task Force.
Staff support for the Task Force will be coordinated by Felicia Lee, Chief of Staff, Office of the Vice Chancellor for Student Affairs, with help from her Executive Assistant, Laura McBride. Felicia can be reached at fjlee@berkeley.edu. Meeting arrangements will be handled by Laura who can be reached at lmcbride@berkeley.edu or 642-6757.
Please reply to my Chief of Staff, Phyllis Hoffman (phoffman@berkeley.edu), to confirm your ability to serve. Thank you for your willingness to contribute to this very important effort.
Sincerely,
George W. Breslauer
Executive Vice Chancellor and Provost
cc: Chancellor Birgeneau
Professor Bob Jacobsen, Physics
Chief of Staff Phyllis Hoffman, Office of the Executive Vice Chancellor and Provost
Chief of Staff Felicia Lee, Office of the Vice Chancellor for Student Affairs
Executive Assistant to the Chief of Staff Laura McBride, Office of the Vice Chancellor for Student Affairs"
"October 18th, 2010
Elliott Goldstein
ASUC
Dear Elliott,
I am writing to invite you to serve on a Task Force which will be responsible for reviewing aspects of Berkeley’s Code of Student Conduct. I believe your valuable and informed perspectives will contribute to the success of this important endeavor. The Task Force will be co-chaired by Vice Chancellor Harry Le Grande and Academic Senate Vice Chair and Professor Bob Jacobsen. The work of the Task Force is expected to conclude by the end of spring semester 2011.
Introduction and Background
During the 2009-10 academic year, there were several disruptive protests on campus. In cases where violations of the Code of Student Conduct were alleged, students were referred to the Center for Student Conduct. Some of these cases raised questions and concerns regarding facilitation of the student conduct process and whether policies and processes were fair in content and application.
Last spring, I accepted Vice Chancellor Harry Le Grande’s request to appoint a task force to review our current Code of Student Conduct. The Code of Student Conduct was last reviewed in 2003 and that committee, composed of students, faculty, and staff, made several substantive recommendations that have been implemented since that time.
The work of the 2003 review committee was “…guided by a belief that as an educational institution, the campus has an obligation to use the student conduct process as an educational opportunity.” This philosophy provides the framework for our current student conduct policies and processes; however, questions have been raised about the scope and limits of the educational approach. In addition, there have been questions raised related to the processes associated with the administration of the Code of Student Conduct.
Therefore, I am charging this Task Force to address the specific issues raised this past year by students, faculty, and staff involved in student conduct issues. The Task Force will be provided with background material including the current Code of Student Conduct, modifications to the Code policies and processes made since the 2003 review, and the 2003 Code of Student Conduct Final Report and Recommendations, among others.
Task Force Charge
Acknowledging the importance of balancing the rights and responsibilities of the individual student and the campus community at-large, as well as protecting the integrity of the institution and its values, the Task Force will conduct a review to ensure that the current policies and processes in the areas listed below are fair in applicability, consistent in process, and timely in resolution. The Task Force will not review the Code in its entirety but will specifically address the following areas:
1. Code timelines (e.g., are timelines fair, realistic and/or appropriate?)
2. Communication process (e.g., clarity on notice of charges and next steps)
3. Decision rights and representation at various stages of the conduct process
4. Capacity of department (e.g., staffing parameters, case load, and student needs)
5. Consequences (e.g. interim suspension) and sanctions (e.g. writing essays)
6. Congruence with best practices related to these areas of student conduct on college campuses
Task Force Composition
The Task Force membership was formed with a goal of ensuring a broad representation of campus constituencies affected by the Code while recognizing the realities of managing an aggressive timeline and integrating complicated individual schedules. The group is composed of representatives from the faculty (3 from the Academic Senate and 3 faculty at-large), students (2 from ASUC, 2 from Graduate Assembly, 2 from the Student Advocates Office, and 1 student-at-large from the Vice Chancellor, Student Affairs Advisory Council), and 1 staff each from the Office of Legal Affairs, Office of the Dean of Students, UC Police Department, and the Graduate Division.
The Task Force is expected to seek input from a wide range of faculty and student voices so that its deliberations include points of view that may not be represented by the membership of the Task Force.
Staff support for the Task Force will be coordinated by Felicia Lee, Chief of Staff, Office of the Vice Chancellor for Student Affairs, with help from her Executive Assistant, Laura McBride. Felicia can be reached at fjlee@berkeley.edu. Meeting arrangements will be handled by Laura who can be reached at lmcbride@berkeley.edu or 642-6757.
Please reply to my Chief of Staff, Phyllis Hoffman (phoffman@berkeley.edu), to confirm your ability to serve. Thank you for your willingness to contribute to this very important effort.
Sincerely,
George W. Breslauer
Executive Vice Chancellor and Provost
cc: Chancellor Birgeneau
Professor Bob Jacobsen, Physics
Chief of Staff Phyllis Hoffman, Office of the Executive Vice Chancellor and Provost
Chief of Staff Felicia Lee, Office of the Vice Chancellor for Student Affairs
Executive Assistant to the Chief of Staff Laura McBride, Office of the Vice Chancellor for Student Affairs"
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