UCOP: Proposed Policy Changes to Address Hate Crimes

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.”