Consequences for Policy Violations
Section 1
Provision 5: Consequences for Policy Violations
The University’s policies, rules, and regulations are designed to support the University’s mission of education, research, and public service.
The University has explicit policies that protect and foster extensive opportunities for free expression, speech, and assembly. In addition, academic freedom protects freedom of inquiry and research, teaching, and expression and publication. The University also has policies that comply with federal and state laws, protect lawful access to University programs and facilities, address unsafe behavior and aim to prevent the destruction of property. These policies apply regardless of the cause or content of a particular protest, speech, or other form of expression, or whether the conduct involves expression at all.
While systemwide policies affirm the constitutionally protected rights of all members of the University community regarding free expression, speech, and assembly, these activities should not disrupt the University’s functions, impede orderly operations, or place community members in reasonable fear for their personal safety. [1]
(Provision 6 Language) If violations of local, state and federal law or University’s policies occur, they will be addressed with the following consistent tiered response at all UC locations – with an emphasis on providing community members with multiple opportunities to adjust their conduct:
- Initially, people engaged in committing a policy violation should be informed of the violation and asked to change their conduct. Multiple requests may be made, and compliance with the requests means the response will not be escalated.
- If the people involved do not comply with requests to alter their conduct, they will be warned about potential consequences and directed to comply. If the conduct continues, UC Police Department (UCPD) and/or Campus Fire Marshal will assess the situation and, based on their assessment, may issue an unlawful assembly notice/announcement, orders to disperse, orders to identify oneself, or other relevant orders.
- In the final phase of tiered response, people who refuse to change their conduct as directed may be cited for a violation of the relevant University policy. If they are breaking the law they may be cited, detained and arrested for unlawful behavior, or subject to other police actions. Stay-away orders may be issued for higher severity violations and/or for repeat offenses. The University may utilize 嫩草影院 Police Departments or other state or local law enforcement agencies to maintain the health and safety of the University community.
- Members of the University community who are arrested for unlawful behavior must have their conduct evaluated for potential violations of University policy. Members of the University community who are cited for a violation of University policy must go through the applicable campus review process. [2]
While the tiered response outlines consistent expectations in many situations, it is not a rigid prescription that will capture all situations, all specific violations of policy or law, or all response actions. It does not dictate a specific timeframe. A tiered response does not mean a slow response but one that fits the situation and the resources to address it. Specifically, if violation of policy or law poses an immediate threat to life safety [3] or critical University functions, the University will act accordingly and mobilize the appropriate resources, which may include UCPD, Campus Fire Marshal, and/or other resources to respond. This is consistent with the University’s established tiered response approach, where an escalation of threat to life safety or of disruption to operations demands a rapidly escalated response. The tiered response approach outlined above is rooted in the best practices and recommendations of the Robinson-Edley report [4] and the Community Safety Plan [5] to encourage free expression while safeguarding the rights of all members to teach, study, and exchange ideas freely.
(Provision 5 Language) In order to create inclusive spaces where all voices are heard and our community members can engage in their educational, academic, research, and patient care pursuits, the University must also take consistent and fair accountability measures against individuals whose conduct violates the University’s policies. These accountability measures are taken only after disciplinary proceedings are completed with appropriate procedural safeguards. [6] Accountability measures for the violation of the University’s policies may include but are not limited to:
Students: Educational sanctions, written warning, disciplinary probation, exclusion from areas of the campus or from official University functions, restitution, suspension, and dismissal.
Staff: Counseling memoranda, written reprimands, suspension without pay, reduction in pay, and termination or dismissal.
Senate Faculty: Informal counseling memorandums, written censure, reduction in salary,demotion, suspension without pay, non-reappointment, denial or curtailment of emeritus status, and dismissal. Non-Senate Academic Appointees: Informal counseling memorandums, written warning, written censure, demotion, suspension without pay, reduction in salary, non-reappointment, and dismissal.
Visitors and Non-UC Affiliates: Exclusion from campus, restitution, and potential for criminal sanctions for violation of University rules in accordance with the California Education Code.
[3] Life safety: Imminent threat of harm or endangerment to people and/or systems designed to protect people from immediate harm (i.e., fire detection and suppression systems)
[6] Consistent with Regents Bylaw 40, for faculty, the proposed imposition of any type of disciplinary sanction will proceed in accordance with the established policies and procedures for discipline, including an opportunity for a prior hearing before an appropriate advisory committee of the Division of the Academic Senate.
Disciplinary Action References
Student Disciplinary Actions
Students who allegedly violate the University’s standards of conduct will be afforded basic standards of procedural due process.
PACAOS 105.00 - Types of Student Disciplinary Action
Faculty Disciplinary Actions
Faculty disciplinary policies are governed by the Irvine Division and the University Academic Senate, as detailed in the Academic Personnel Manual:
Staff Disciplinary Actions
Represented Staff: Subject to corrective action based on their collective bargaining agreements (CBA), available online at .
Non-represented Professional & Support Staff (PSS): Subject to .
Non-represented Professional & Support Staff (PSS) and Managers & Senior Professionals (MSP): Subject to .
Non-affiliate Violations
Under , unauthorized individuals who enter non-public areas of a public school campus or facility without valid reason and engage in disruptive activities can be ordered to leave. Failure to comply or returning without proper authorization may result in penalties as outlined in section 7 of California Penal Code § 626.