The University of California Santa Barbara (UCSB) is one of the country's most beautiful campuses and is well-respected for its programs and research. However, for some students, the dream of a California education is jeopardized when they are accused of misconduct. It is understandable for students to be shocked and frustrated by misconduct allegations, but they must defend themselves to protect their futures.
If you have been accused of misconduct at UCSB, you need an experienced attorney to defend and guide you through the student discipline process. The Lento Law Firm has a proven track record of successfully representing countless students over the last decade, and they can help you. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
Authority and Jurisdiction
The UCSB Office of Student Conduct controls all student disciplinary matters on campus and may impose discipline for off-campus behaviors if the charges are serious or involve harassment, stalking, or hazing.
Types of Misconduct Leading to Misconduct Charges
UCSB defines the following types of misconduct as Code of Conduct charges that may result in student discipline:
- Academic misconduct, including cheating and plagiarism.
- Forgery or misrepresentation.
- Theft or destruction of property.
- Computer theft or misuse, including violations of digital policies.
- Residence hall violations.
- Physical abuse, assault, or threats of violence.
- Harassment that is severe and/or pervasive and impairs another person's ability to access the University's programs. This harassment may be due to race, sex, religion, age, sexual orientation, gender identity, disability, or other protected status. Punishment may be more severe for harassment motivated by status. For alleged harassment based on sex, please see Title IX defense information.
- Hazing.
- Disruption of teaching or class.
- Intimidation or harassment of anyone at University functions, including athletic events.
- Disorderly and/or lewd conduct on University property or functions.
- Controlled substance or drug violations.
- Alcohol violations.
- Possession of dangerous weapons or a firearm on University properties or at University functions.
- Violations of orders declared during a state of emergency.
- Making a video or audio recording or taking photographs where a person reasonably expects privacy without that person's knowledge and express consent.
Possible Disciplinary Outcomes at UCSB
The following are possible disciplinary outcomes for students accused of misconduct at UCSB:
- Warning/Censure
- Disciplinary Probation.
- Suspension.
- Dismissal. For more information, see Fighting Dismissal from UCSB.
- Exclusion from areas of the campus or UCSB functions.
- Interim Suspension.
- Restitution.
- Revocation of Degree. The Academic Senate must agree to this sanction, and it is extremely limited.
- Other disciplinary sanctions.
UCSB may impose an administrative fee on students or organizations who are sanctioned.
Restorative Justice Process
The Office of Student Conduct may refer cases for a Restorative Justice Conference. The student can decline this Conference and ask to follow the hearing process. The Office of Student Conduct will only consider a Restorative Justice Conference if the student has admitted fault for the violation. If the parties cannot agree to the Restorative Justice process, they may stop and proceed with a normal adjudication process.
Defending Misconduct Charges at UCSB
If a student is charged with misconduct at UCSB, the process will proceed as follows:
Step One – Review of Charges
This stage is essentially an investigation stage, where the Office of Student Conduct reviews the charges and decides on a course of action. This will typically involve interviewing the person making the charge, witnesses, and the alleged wrongdoer. Before being interviewed, the alleged wrongdoer must be given notice of the charges against them, their rights, and information on the policy they allegedly violated.
Step Two – Notice of Charges
If the student does not admit guilt or requests a hearing, the Office of Student Conduct must give notice of the charges and set a hearing. This notice must contain:
- Statement of charges.
- Brief statement of the factual basis of charges.
- Time and place of hearing.
- A statement of the student's rights regarding documents, witnesses, and other due process issues.
UCSB must also inform the student of hearing procedures, including the right to examine witnesses. UCSB limits the cross-examination of witnesses. This procedure is problematic for students who believe witnesses are lying or otherwise giving false or incomplete testimony.
Step Three – Hearing
The Office of Student Conduct will decide whether the Student-Faculty Committee or a hearing officer will conduct the hearing. Hearing procedures include:
- The hearing will be closed to the public.
- The student may have an attorney present.
- The student has the right to call witnesses and present evidence.
- The student has the right to confront witnesses, but UCSB will attempt to limit the procedure to submitting questions to the chair.
- No witness shall be compelled to self-incriminate.
- The student cannot present arguments concerning the constitutionality or legality of UCSB regulations or policies at the hearing. These must be presented to the UCSB General Counsel.
- After the hearing, the student may submit a written comment.
- The hearing body will consist of the Student-Faculty Committee on Student Conduct members. One member of the hearing body will act as chair.
- Alternatively, the matter may be heard by a hearing officer.
The hearing body will meet in a closed session following the presentation of evidence and decide on the matter based on the preponderance of the evidence standard.
Step Four – Findings and Recommendations
The hearing body will submit findings and recommendations to the Office of Student Conduct Director or Vice-Chancellor within five working days. The Director of the Office of Student Conduct will decide on sanctions if they are less than suspension, dismissal, or other sanctions that affect the student's contract status. The Vice-Chancellor makes more serious decisions on sanctions, except for residence hall issues, which the Associate Vice Chancellor of Housing will decide.
Step Five - Appeals
A student may appeal a final decision in writing within ten working days of the date of the sanction notice. Grounds for appeal include:
- Lack of evidence to support the sanction.
- The sanction is not commensurate with the offense.
- The proceedings were unfair.
- New evidence has come to light since the hearing.
Appeals are typically decided within 15 working days. For more information on appeals, please visit UCSB Appeals.
How the Lento Law Firm Can Help
Call the Lento Law Firm Student Defense Team today if you face allegations of student misconduct at UCSB. The Lento Law Firm has represented countless students accused of misconduct, and we can represent you. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
