5. STUDENT CONDUCT

500. STUDENT CONDUCT AND DISCIPLINE

500.00 Student Conduct and Discipline, General

The EAP conduct process has been established to respond to incidents involving inappropriate student behavior.

A student participating in EAP assumes a dual status as a UC student and as a student of the host university. EAP participants are subject to, and should be familiar with, student conduct policies of the host university, of their home UC campus, and of EAP.

Students have been informed that EAP's policies may be stricter than UC campus policies because of the broader consequences of student conduct when a student is participating in EAP (e.g., student conduct may affect EAP's relations with the host institution and the local community or arouse anti-American sentiments).

Due to the short duration of EAP programs, EAP's disciplinary procedures are more compressed than campus procedures.

500.01 Student Conduct and Discipline, Host Institution Policies

The SC Director must make sure that copies of the host university policies concerning student conduct and discipline are available to EAP students.

It is the student's responsibility to comply with local laws.

UOEAP may take disciplinary action whether or not action is taken or requested by the host university.

500.02 Student Conduct and Discipline, UC Policies

The SC Director should ensure that EAP participants have access to a copy of the UC Policies Applying to Campus Activities, Organizations, and Students and are knowledgeable about EAP policies. Most cases of misconduct for which UC students are subject to discipline, including removal from the program, fall into the types enumerated in Section 102.00-102.23 of the University of California policies.

During orientation, the SC Director should discuss and distribute (or inform students how to obtain) copies of EAP's Academic Conduct Policy and Student Conduct and Discipline Policy. These policies follow the intent of Section 100 of the UC policy noted above.

The SC Director, in consultation with UOEAP, is responsible for the enforcement of all policies pertaining to student conduct and discipline at the program site.

Each UC campus has its own specific rules and regulations for student conduct, which also govern students while enrolled in EAP.

500.03 Student Conduct and Discipline, Student Agreement

Before departure, EAP students acknowledge that their conduct while on EAP has international implications for UC by signing their agreement with the UC Regents (see Student Agreement). By signing the agreement, students also acknowledge that they have read EAP's policy on Student Conduct and Discipline.

The Student Agreement States:

"It is understood between the parties hereto that the international implications of this Agreement are such that the conduct of Student during the course of the Program is of utmost importance. Student, therefore, agrees to read, understand, and abide by the EAP Student Conduct and Discipline Policy and the EAP Academic Conduct Policy as outlined in Appendices II and V of the EAP General Information Guide. Student agrees to regularly attend all classes for which Student is registered, and to conform to all applicable rules, regulations, and policies of the host university and the University of California. Student understands that misconduct abroad can lead to dismissal from the Program, loss of academic credit, and may, in addition, result in a decision by Student's home campus to impose further sanctions, such as suspension or dismissal from UC. Misconduct abroad refers to Student's actions that, in the judgment of the Study Center Director and/or other officials of the Program, jeopardize Student's own welfare or that of fellow students and/or the Program. Such actions include, but are not limited to, the following: the use of or threats of physical violence, violating the laws of the country or host university, openly abusing the customs and mores of the community, damage to or destruction of property of others, alcohol or substance abuse, eviction from one's lodging, obstruction or disruption of teaching or other University activities, unauthorized absence from classes and/or from the Study Center, exceeding the number of unexcused absences from class allowed for the Program, failure to submit a completed, signed, and approved Registration Study List by the deadline set by the Study Center Director, and academic misconduct (cheating, fabrication, forgery, plagiarism, or facilitating academic dishonesty)."

During the Study Center orientation and regularly throughout the year, the SC Director should remind students that misconduct abroad may result in serious consequences; this is particularly the case when an international incident might arouse popular sentiments and UC students could become targets of anti-American feelings. While, for example, a student's participation in an illegal demonstration or strike might cause physical harm to the student, it might also be harmful to UC's relationship with the host country and university. One result of the latter consequence is that UOEAP may take disciplinary action-even if no action is taken or requested by the host university or country (see Sections 103.00-105 of UC Policies Applying to Campus Activities, Organizations, and Students).

500.04 Student Conduct and Discipline, Substance Abuse

Student use or possession of controlled substances may lead to dismissal from EAP. Personal involvement or association with others involved with drugs of any kind may be considered misconduct abroad and a violation of the Student Agreement. In addition, students must be reminded that if they are caught with illegal drugs they will be subject to local country laws.

Students obtain access to EAP's Substance Abuse Policy when they receive the UOEAP predeparture participation instructions..

500.05 Student Conduct and Discipline, Procedures for Investigation, Discipline, and Appeal

The SC Director is responsible for carefully and thoroughly investigating all alleged violations of EAP, UC, and host university regulations or policies. Normally, this investigation will consist of interviews with the reporting party, witnesses, and the person alleged to have violated a regulation or standard of conduct.

When the person alleged to have violated a regulation or standard of conduct is interviewed, he or she will be informed of the nature of the allegation; the date, location, and the incident description; the description of the regulations or policy allegedly violated; any other information related to the incident; and his or her right to respond and the procedures to be followed. Procedural due process is basic to the proper enforcement of EAP policies and regulations.

All disciplinary action taken should be properly documented. Keep a written log of the circumstances, outcome of any discussions and interviews, conversations with UOEAP, family, etc.

If the student does not acknowledge responsibility, and if the SC Director concludes that there is sufficient information to sustain a finding of responsibility, the SC Director can take disciplinary action in consultation with the Regional Director at UOEAP and local university officials, if applicable. Disciplinary actions include:

·        Written Reprimand

·        Written Disciplinary Probation

·        Dismissal

The SC Director must draft a letter and send it to the Regional Director for review by the university attorney as all disciplinary cases have a potential to lead to dismissal. After the Office of the General Counsel approves the letter, the SC Director delivers the letter to the student.

Any sanction imposed should be appropriate to the violation, taking into consideration the context and seriousness of the violation. Sample letters are provided below as guides for carrying out formal disciplinary actions in accordance with this section. A well-written disciplinary letter needs to be clear, concise, and simple. After the student receives the letter, SC Directors should send a copy to the Regional Director at UOEAP.

Examples of Student Disciplinary Actions that an SC Director can take:

1.      Written Reprimand or Warning (see sample Written Reprimand Letter)

It is a written notice or reprimand to the student that a violation of specified UC policies or regulations has occurred and that continued or repeated violations, and failure to meet expected behavior, may be cause for further more serious disciplinary action.

2.      Written Disciplinary Probation (see sample Disciplinary Probation Letter)

A status imposed for a specified period of time during which a student must demonstrate conduct that conforms to UC and EAP standards of conduct. It indicates to a student that his or her behavior has resulted in a sanction close to dismissal. Misconduct during the probationary period, failure to meet expectations, or violation of any conditions of the probation may result in further disciplinary action, normally in the form of dismissal. Depending on the student's misconduct, and at the discretion of the SC Director, the following are examples of probation conditions: formal apology, written apology, written analysis of misconduct with reference to local social norms, community service, alcohol/drug assessment with treatment as deemed necessary, professional counseling, etc.

3.      Dismissal: Termination of EAP Student Status (see sample Dismissal Letter)

If a student is dismissed from EAP, this information also will be communicated to the Academic Dean or Associate Dean and to the UC home campus, as appropriate. It is important to note that certain behaviors may lead to immediate dismissal from EAP.

If dismissed, the student must receive a copy of the appeal process. The Regional Director must receive a copy of the final letter signed by the SC Director. UOEAP will communicate with the student's Campus EAP Office. The Campus EAP Office may share this information with other home campus offices, as appropriate.

Because dismissal from EAP does not constitute dismissal from UC, the student's home campus may elect to impose additional penalties. (For academic misconduct, see Section 500.06, Student Conduct and Discipline, Academic Misconduct Procedures.)

Appeal: The appeal process exists to review the appropriateness of initial decisions. Beyond not liking the original decision or sanctions assigned, those appealing should have a defined rationale, and articulate that clearly.

If a student decides to exercise his or her right to appeal a Study Center dismissal decision, he or she must do so in writing. The Appeal Procedure must be initiated within 72 hours (in real, local time) from the time the student was informed in writing of the action to be taken, otherwise the student's right to appeal is waived. An appeal must be in the form of a letter to the EAP Universitywide Director. This letter may include any relevant documents and testimonials that the student wishes to enter into the record. In most cases, the dismissal will not be initiated until completion of the appeal process.

The EAP Universitywide Director shall either concur with or overturn the decision of the SC Director usually within a period of 48 hours after receiving the appeal. The Director will inform the student in writing of the decision. This decision will also be communicated to the SC Director, host university, the student's Campus EAP Office, and the Academic Dean or Associate Dean. The Campus EAP Office may share this information with other home campus offices, as appropriate. (For appeal due to academic misconduct, see Section 500.06, Student Conduct and Discipline, Academic Misconduct Procedures.)

Behaviors that may lead to dismissal from EAP include actions that, in the judgment of the SC Director or other officials of EAP, jeopardize a student's personal welfare or that of fellow students and/or the Program.

Actions include, but are not limited to, the following:

·        not arriving or being present for the required on-site orientation on the date, place, and time specified by EAP;

·        the use of or threats of physical violence;

·        violating the laws of the country or host university;

·        openly abusing the customs and mores of the community;

·        damage to or destruction of property of others;

·        alcohol or substance abuse;

·        eviction from one's lodging;

·        obstruction or disruption of teaching or other university activities;

·        unauthorized absence from classes and/or from the Study Center;

·        exceeding the number of unexcused absences from class allowed for the program;

·        failure to submit a completed, signed, and approved Registration Study List by the deadline set by the SC Director;

·        academic misconduct (cheating, fabrication, forgery, plagiarism, or facilitating academic dishonesty).

500.06 Student Conduct and Discipline, Academic Misconduct Procedures

See also EAP's Academic Conduct Policy and UC Policies Applying to Campus Activities, Organizations, and Students, section 100.

The SC Director is responsible for investigating all alleged violations of EAP, UC, and host university policies regarding academic misconduct and for consulting with the relevant Academic Specialist at UOEAP about the steps in the process. The SC Director will immediately inform the Academic Specialist at UOEAP of any incident of alleged violation of such policies. The Academic Specialist will consult with the Regional Director and Academic Dean. The SC Director is cautioned to observe strict confidentiality and to discuss the allegations only with the host university personnel directly involved and the Academic Specialist, Academic Dean, and Regional Director at UOEAP.

The SC Director will inform the student in writing of the nature of the alleged misconduct, the student's right to respond, and the procedures to be followed.

The SC Director will collect all information and documentation regarding the alleged violation (e.g., correspondence with the host university instructor, reports from witnesses, notes of discussions among the parties involved, copies of the source material and the student's work involved in an alleged plagiarism, and any other evidence of the alleged misconduct).

EAP respects the host university's procedures regarding academic misconduct, which will be handled separately from UC procedures. The SC Director will not intercede on behalf of a student, but will inform the host university that UC disciplinary action must follow individual UC campus procedures, which may or may not accord with the host university's action or request. The host university may request that it be informed of the final action by the UC campus. If the host university's action is to dismiss the student from the host university, the student may be administratively dismissed from EAP.

As instructor of record, the SC Director will act independently from the host university and follow EAP and UC campus procedures with regard to the student's UC record:

·         If the SC Director resolves the case with dismissal of the charges or with disciplinary action within his authority as instructor of record and the student accepts the penalty, the SC Director may conclude that no further action should be taken. (The EAP Academic Dean, as the official instructor of record, will confirm a Liaison Officer's disciplinary action.) The SC Director should obtain the student's written agreement to the disciplinary action.

·         If the SC Director believes that the case should be referred to the student's UC campus for resolution, or if the student does not accept the penalty, the SC Director will send all the pertinent documentation to the relevant Academic Specialist at UOEAP, who will be responsible for forwarding it to the appropriate UC campus officials. The Academic Specialist will provide copies of all pertinent documents to the Academic Dean and send one information copy, marked "strictly confidential," to the relevant Campus Director and Campus Administrative Director, who are requested to observe the confidentiality of the case and not discuss it with anyone else. For individual campus procedures and final decisions to be honored, the SC Director will report an "NR" as the grade for the course or courses in question.

·         If the SC Director believes that, in addition to referring the case to the student's home UC campus for consideration of disciplinary action, the student should be immediately dismissed from EAP; or if the host university dismisses the student, the SC Director will consult with the Regional Director and Academic Dean. Upon agreement with the Regional Director and Academic Dean, the SC Director will initiate an administrative dismissal by sending a written notice of dismissal on official EAP Study Center letterhead to the student. (The written notice of dismissal will be initiated by the Academic Dean if the Study Center is administered by a Liaison Officer.) The letter should cite the charge against the student, the Student Agreement (paragraph 6), the fact that the student will receive no credit for course work during the term in progress, and the appeals process available to the student.

If a student decides to appeal the dismissal, he or she must initiate the appeal within 72 hours (in real, local time) of receipt of the dismissal notice or the right to appeal is waived. The appeal must be in the form of a letter to the EAP Universitywide Director and may include any relevant documents that the student wishes to enter into the record. The EAP Universitywide Director shall either concur with or overturn the decision of the SC Director, ordinarily within a period of 48 hours after receiving the appeal. The EAP Universitywide Director will inform the student in writing of the decision, with copies to the SC Director, the host university as appropriate, and the relevant Academic Specialist, who will inform the Academic Dean, appropriate campus offices, and Campus EAP Office.

500.07 Student Conduct and Discipline, Consequences of Dismissal

If the decision is to dismiss the student from EAP, the student's participation in the program shall be terminated. A student who is dismissed from EAP for violation of the Student Conduct and Discipline Policy will receive no credit for course work in progress; the SC Director will submit grades as "W." In cases of dismissal for violation of the Academic Conduct Policy, the SC Director will submit grades as "NR"; the final grades will depend on resolution of the case at the student's home UC campus.

Termination of student's participation in EAP shall not diminish or otherwise affect the student's obligation to make any and all payments to UC. The student will not be entitled to a refund of fees, may be required to reimburse UC for financial aid received, and is responsible for all unrecoverable costs incurred by the host university or EAP as well as personal financial obligations, including utility bills and rent. A student's registration at the home UC campus may be blocked until all such financial obligations are met. A student's home campus may, in addition, impose further sanctions, such as suspension or dismissal from UC.

505. VACATION TRAVEL AND ABSENCES FROM STUDY CENTER

505.00 Vacation Travel and Absences from Study Center

EAP students are expected to remain at the host institution location and attend classes regularly during all academic sessions. Travel should be restricted to weekends and university holidays; unexcused absences are considered a breach of the EAP Student Agreement.

If students will be away for 24 hours or more, they must complete a Travel Sign-Out form in MyEAP. Their travel information (i.e., destination, departure and return dates, modes of transportation, and contact information) is crucial in case of an emergency.

Students who are unavoidably delayed in returning to the host university must notify the SC Director. This information is crucial in case of an emergency. Depending on the circumstances, the SC Director may charge students for expenses incurred in locating them if no word has been left regarding their whereabouts.

All EAP participants are strongly discouraged from traveling to areas for which the U.S. Department of State has issued a Travel Warning (see the EAP Student Travel Policy).

510. STUDENT DEMONSTRATIONS AND STRIKES

510.00 Student Demonstrations and Strikes, General

During the Study Center orientation and as necessary throughout the year, the SC Director and staff should advise EAP students that, as guests in a foreign country, it is inappropriate for them to interfere in the domestic affairs of the host university or host country. Participation in an illegal demonstration or strike may not only cause physical harm to the student involved, but may also be harmful to UC's relationship with the host university or country. The same might be true for getting into a fight or any number of other inappropriate behaviors. Students should be reminded that even legal demonstrations may turn violent and dangerous. In such circumstances, students should immediately remove themselves from the situation. In addition, in some countries, it may be illegal or against host institution policies for foreigners or international students to participate in demonstrations that are otherwise legal. In these cases, disciplinary action may be taken by EAP even if no action is taken or requested by the host university or country. A student's inability to abide by this principle may result in their dismissal from the program (see Section 500, Student Conduct and Discipline).

510.01 Student Demonstrations and Strikes, Consequences of Involvement

Students who take part in demonstrations, which university or governmental authorities of the host country have declared illegal, should be forewarned about the following possible dangers to themselves and to the Program:

1.      Interruption of academic schedules and loss of time

2.      Danger of personal injury, arrest, and the possibility of inciting open manifestations of hostility and violence to themselves and other UC students, either as random targets or as representatives of the US

3.      Placing in jeopardy the present or future existence of the Program in the host country and/or on the campus of the host university

510.02 Student Demonstrations and Strikes, Continuing the Academic Program

When the host university or specific faculties are closed and the academic program of EAP participants is disrupted for reasons of unrest, the SC Director should arrange to continue classes and/or tutorials at some convenient location, if possible. Where the interruption may be long-term, the SC Director should make every effort to arrange with the university to continue the academic program in some fashion.

If normal communication between EAP participants and the SC Director is interrupted with the closing of the Study Center office, the students are responsible for communicating with the SC Director at home. The SC Director should be ready to provide information about when and where classes and/or tutorials will be held and such other sessions as can be organized. If it appears likely that no course work in any form can be continued, efforts should be made with instructors to set up informal exams for EAP students.

An alternative is to have students write special term papers in lieu of exams. The SC Director should make appropriate arrangements with all instructors and make sure students know what is expected of them. If all else fails and letter grades are impossible to obtain, P/NP grades may be given for courses based on students' progress so far, and/or units may be decreased to salvage partial credit for the year. These arrangements should be made in consultation with UOEAP.

Students are expected to attend the classes and/or tutorial sessions provided while the university is closed; they are still responsible for that portion of work currently underway, and they are not free to undertake extensive travel.

If the regular academic program of the university is seriously affected by prolonged closure, the host university may decide to extend the academic year beyond the normal date of completion. UOEAP will be as flexible as possible in allowing the SC Director and students to remain long enough to bring the academic work to completion.

510.03 Student Demonstrations and Strikes, Independent Study

Should it be impossible to arrange for a continuation of classes and/or tutorials for the UC students because of the closure of the host university, the SC Director can, in consultation with the students and UOEAP, convert the students' courses to independent study (see Section 315, Creating UC Credit Courses). This solution is suggested only if the interruption of classes is due to a closure or strike over which the UC students have no control and in which they are not participating.

510.04 Student Demonstrations and Strikes, Withdrawal Due to

When a host university is closed down, some UC students may be unwilling to be "strikebreakers" by attending special classes or tutorials or engaging in approved independent study either on or off campus. If this is the case, the student should be offered the option of voluntarily withdrawing from the program without penalty. The SC Director should thoroughly explain the financial consequences, particularly to students on financial aid. (See also Section 815.00, Withdrawal from EAP, General; and Section 370.00, Voluntary Withdrawal after Enrollment.)

520. UNAUTHORIZED ABSENCES FROM THE STUDY CENTER

520.00 Unauthorized Absences from the Study Center

During the Study Center orientation and as necessary throughout the year, the SC Director should stress the importance of EAP students' commitment to their academic work at the host university. Poor attendance may damage the relationship between UC and the host university. Absenteeism may be discouraged if SC Directors make a special effort in their academic advising to direct students into full and challenging course loads.

The SC Director should remind students at the beginning of their stay abroad that some of the academic rules of EAP differ from those practiced at UC. Some of these are, of course, subject to interpretation and vary by situation. One rule is that EAP students are expected to be present in the area of the Study Center and to attend host university classes in which they are registered regardless of the practices of local students and of the flexibilities of the host country's educational system. Unauthorized absences from the Study Center during the academic portions of the year constitute grounds for disciplinary action by the SC Director and may lead to the student's dismissal by the EAP Director. (See also Section 500.03, Student Conduct and Discipline, Student Agreement.)

530. DISMISSAL FROM EAP FOR ACADEMIC REASONS

530.00 Registration Study List, Failure to Sign

The SC Director should inform students that if their signed and approved Registration Study List for each segment of the year is not received by the Study Center by the extended deadline set by the SC Director (no later than four weeks after the prescribed Study Center deadline), they will be informed in writing that their EAP student status has lapsed, unless the SC Director has requested and received an extension of the filing deadline from UOEAP (see Section 340.09, Registration Study List, Failure to Register or to File; and 370.07, Administrative Dismissal).

530.01 Low Academic Achievement

See Section 370.08, Dismissal for Low Academic Achievement; and Section 6.a. of the Student Agreement, Dismissal Due to Misconduct or Low Academic Achievement.

530.02 Administrative Dismissal for Academic Misconduct

See Section 370.07, Administrative Dismissal; and Section 500.06, Student Conduct and Discipline, Academic Misconduct Procedures.

530.03 Study Center Director's Responsibilities Following the Student's Dismissal from EAP

See Section 370.10, Study Center Director's Responsibilities when Students Withdraw or Are Separated from EAP.