Student Conduct Process
CSU Executive Order 1098 governs the procedures that San José State University follows in student discipline cases and informs Students of their rights and responsibilities when they are alleged to have violated the Student Conduct Code and describes the Conference, Hearing, and Sanctions that may be imposed.
This section explains the contents of CSU Executive Order 1098 more thoroughly. You may also refer to the Student Conduct Process Flow Chart.
TYPE OF MEETING
Investigation meetings are between the Student Conduct Administrator and the Student. The purpose of the interview is to obtain information from the Student regarding the matter that is being investigated. A student is informed of an investigation through the Notice of Investigation (NOI) letter will be sent to Students identified as containing information regarding a matter under investigation.
Conferences are facilitated discussions between the Student Conduct Administrator and the Student regarding alleged violations of the Student Conduct Code. The Notice of Conference (NOC) letter will be sent to Students when they are alleged to have violated the Student Conduct Code. The NOC letter will contain information regarding the alleged Student Conduct Code violations, the factual basis for the charges, and a range of sanctions.
The Hearing process is initiated when a Resolution Agreement is not signed. Hearings are conducted by a Hearing Officer and are intended to be educational rather than adversarial. Both the Student Conduct Administrator and the Student will be provided the opportunity to present information. The Hearing Officer will issue a written report to (a) determine the Student's responsibility and (b) recommend sanctions to the Vice President for Student Affairs, who will make the final decision.
The Notice of Hearing (NOH) letter will contain information regarding the Hearing date, time, and location, the alleged Student Conduct Code violations, the factual basis for the charges, the proposed sanctions, a notice that a more severe sanction may be set, and a notice to waive the Hearing and sign the Resolution Agreement.
The Resolution Agreement is a contract between the Student and San Jose State University regarding the incident discussed at the Conference. The Resolution Agreement will contain the Student Conduct Code violations the Student admits to violating and the sanctions the Student voluntarily accepts.
Students may be accompanied by an advisor of their choice. The advisor’s role is limited to observing and providing consultation, support, and advice to the Student. The advisor may not speak on the Student’s behalf.
San Jose State University excludes attorneys from student discipline proceedings except in limited circumstances where there are (a) pending criminal (felony) charges or (b) the recommended sanction is Expulsion.
Sanctions are a result of the violation of the Student Conduct Code. The range of sanctions including: Restitution, Loss of Financial Aid, Educational and Remedial Sanctions, Denial of Access to Campus or Persons, Disciplinary Probation, Suspension, and Expulsion.
As a general rule, the sanctions recommended at the Conference or any subsequent Hearing depends on the particular facts and circumstances of that case, including the Student’s response to the allegations.
Temporary Notation on Academic Transcript
Disciplinary Probation and Suspension for less than one academic year is entered on the academic transcript, with beginning and end date, for the duration of the sanction.
Permanent Notation on Academic Transcript
Suspension for one academic year or more and Expulsion shall note the effective date of discipline and shall remain on the academic transcript permanently.
When a student is found responsible for violations of the Student Conduct Code, a student conduct record will be created and maintained with Student Conduct and Ethical Development.
Student conduct records are protected by the Family Educational Rights and Privacy Act (FERPA). This means that without written permission from a Student, student conduct records cannot be shared with third parties.