Student Conduct Process

CSU Executive Order 1098 governs the procedures that San José State University follows in student discipline cases. CSU Executive Order 1098 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      

 

ADVISOR/ATTORNEYS

HOW TO PREPARE      

 

SANCTIONS

SETTLEMENT AGREEMENT

 

DISCIPLINARY RECORD

 

TYPE OF MEETING

Investigation

Article IV, Section A, Subsection 2

Investigation Interviews are meetings between the Student Conduct Administrator and the Student. The purpose of the interview is for the Student Conduct Administrator to obtain information from the Student regarding the matter the Student Conduct Administrator is investigating. 

The Notice of Investigation (NOI) letter will be sent to Students identified as containing information regarding a matter under investigation. The NOI letter is sent to the Student’s primary e-mail address assigned in their MYSJSU account.

Conference

Article IV, Section B

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 NOC letter is sent to the Student’s primary e-mail address assigned in their MYSJSU account.

Hearing

Article IV, Section C

The Hearing process is initiated when (a) the Student fails to attend the Conference or declines to cooperate, (b) the Settlement Agreement is not memorialized in writing, or (c) the Student admit to violating the Student Conduct Code but disagrees with the proposed sanctions. 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 Settlement Agreement. The NOH letter is sent to the Student’s primary e-mail address assigned in their MYSJSU account.

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HOW TO PREPARE

It is recommended to review the Student Conduct Code and CSU Executive Order 1098 before the Investigation Interview, Conference, and Hearing.

Conference

Article IV, Section B

The Student will be provided the opportunity to provide his/her perspective, respond to the charges, identify any relevant witnesses or documents, and discuss aggravating or mitigating circumstances. The Student may waive his/her right to a Hearing and voluntarily accept sanctions.  

Hearing

Article IV, Section D

The Student will be provided the opportunity to present information. The presentation of information may include an opening, support documentation and witnesses related to the charges, and a closing. The Student may question the Student Conduct Administrator’s presentation of information.

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SETTLEMENT AGREEMENT

The Settlement Agreement is a contract between the Student and San Jose State University regarding the disposition of the Conference. The Settlement Agreement will contain the Student Conduct Code violations the Student admits to violating and the sanctions the Student voluntarily accepts. Settlement Agreements are memorized in writing. 

If the Student and San Jose State University do not agree to resolve the student discipline matter (Settlement Agreement), the Hearing process will be initiated pursuant to CSU Executive Order 1098.

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ADVISORS/ATTORNEYS

Article III, Section C and D

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.

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SANCTIONS

Article V

Sanctions may be imposed as a result of going through the Conference or Hearing process. Violation of the Student Conduct Code is subject to a 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.

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DISCIPLINARY RECORD

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. Please note the United States Department of Education provides exceptions to FERPA. For San Jose State University information related to FERPA, visit the Office of the Registrar.

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