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STUDENT GUIDE - Earl Warren College - UC San Diego

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name, insignia, or seal. See Appendix B Use of the University’s<br />

Name.<br />

22.16.10.16. violation of policies, regulations, or rules governing<br />

<strong>UC</strong> <strong>San</strong> <strong>Diego</strong> or University-owned or -operated or leased housing<br />

facilities located on <strong>UC</strong> <strong>San</strong> <strong>Diego</strong> or University property.<br />

22.16.10.17. Physical assault, or threats of violence, or conduct that<br />

threatens the health or safety of any person, including one’s self.<br />

22.16.10.18. Battery, defined as any unwanted touching, physical<br />

abuse, or fighting including, but not limited to, conduct that results<br />

in the injury of another.<br />

22.16.10.19. Sex offenses committed by force or without consent,<br />

including, but not limited to, rape, sexual assault or sexual battery.<br />

22.16.10.20. Sex offenses committed without force or by consent,<br />

but in violation of law, including, but not limited to, statutory rape<br />

and incest.<br />

22.16.10.21. Unlawful conduct of a sexual nature including, but not<br />

limited to, indecent exposure, prostitution, voyeurism or loitering<br />

for the purpose of soliciting or engaging in any lewd act or conduct.<br />

22.16.10.22. SEXUAL HARASSMENT (AS DEFINED IN <strong>UC</strong> POLICIES<br />

SECTION 160.00.)<br />

a. In any allegation of a violation of the Sexual Harassment Policy<br />

by any Student or registered student organization, <strong>UC</strong> <strong>San</strong> <strong>Diego</strong><br />

officials must consult with the Office of Sexual Harassment<br />

Policy and Prevention, and should consult with the Director,<br />

SPJA.<br />

b. In determining whether the alleged conduct constitutes sexual<br />

harassment, consideration shall be given to the record of the<br />

incident as a whole and to the totality of the circumstances,<br />

including the location of the incident and the context in which<br />

the alleged incidents occurred. In general, a charge of harassing<br />

conduct can be addressed under these Policies only when the<br />

University can reasonably be expected to have some degree<br />

of control over the alleged harasser and over the environment<br />

in which the conduct occurred. Students suspecting that<br />

they are the victim of sexual harassment are encouraged to<br />

report the matter to University officials, such as the Dean of<br />

Students and the Director of the Office of Sexual Harassment<br />

Prevention and Policy. For the purposes of this Conduct Code,<br />

sexual harassment, including, but not limited to, unwelcome<br />

sexual advances, requests for sexual favors, and other verbal,<br />

nonverbal, or physical conduct of a sexual nature constitute<br />

sexual harassment when:<br />

1. A Student who is also an employee of the University makes<br />

submission to such conduct, either explicitly or implicitly, a<br />

term or condition of instruction, employment, or participation<br />

in other University activity over which the Student has control<br />

by virtue of his or her University employment; or<br />

2. A Student who is also an employee of the University makes<br />

submission to or rejection of such conduct a basis for evaluation<br />

in making academic or personnel decisions affecting an<br />

individual, when the Student has control over such decisions by<br />

virtue of his or her University employment; or<br />

3. Such conduct by any Student has the purpose or effect of<br />

creating a hostile and intimidating environment sufficiently<br />

http://warren.ucsd.edu<br />

severe or pervasive to substantially impair a reasonable<br />

person’s participation in University programs or activities, or<br />

use of University facilities.<br />

22.16.10.23. Stalking behavior, in which a Student repeatedly<br />

engages in a course of conduct directed at another person and makes<br />

a credible threat with the intent to place that person in reasonable<br />

fear for his or her safety, or the safety of his or her family, where<br />

the threat is reasonably determined by the <strong>UC</strong> <strong>San</strong> <strong>Diego</strong> Student<br />

Conduct Coordinator (“SCC”) or the appropriate Dean of Students<br />

(“Dean”) in consultation with the SPJA Director, to seriously alarm,<br />

torment, or terrorize the person, and serves no legitimate purpose.<br />

22.16.10.24. Harassment by a Student of any person.<br />

a. For purposes of this Conduct Code, (“harassment”):<br />

1. Is the use, display, or other demonstration of words,<br />

gestures, imagery, or physical materials, or the engagement in<br />

any form of bodily conduct, on the basis of race, color, national<br />

or ethnic origin, age, sex, religion, sexual orientation, or physical<br />

or mental disability, that has the effect of creating a hostile<br />

and intimidating environment sufficiently severe or pervasive<br />

to substantially impair a reasonable person’s participation in<br />

University programs or activities, or use of University facilities;<br />

2. Must target a specific person or persons; and<br />

3. Must be addressed directly to that person or persons.<br />

b. Prior to applying this provision of policy to any Student conduct,<br />

<strong>UC</strong> <strong>San</strong> <strong>Diego</strong> officials must consult with the SPJA Director. The<br />

Director, in turn, is required to consult with the Office of General<br />

Counsel regarding the proper interpretation and application in<br />

light of the specific circumstances.<br />

22.16.10.25. Participation in hazing or any method of initiation or<br />

pre-initiation into a registered Student or campus organization or<br />

other activity engaged in by such organization or members of such<br />

organization at any time that causes, or is likely to cause, physical<br />

injury or personal degradation or disgrace resulting in psychological<br />

harm to any Student or other person.<br />

22.16.10.26. Obstruction or disruption of teaching, research,<br />

administration, the disciplinary, process or other <strong>UC</strong> <strong>San</strong> <strong>Diego</strong> or<br />

University activities.<br />

22.16.10.27. Disorderly conduct not involving drugs and alcohol,<br />

including, but not limited to, unauthorized gambling, loud and<br />

unreasonable noise that serves no legitimate purpose, challenges<br />

to fight, or conduct which creates a hazardous condition, excluding<br />

alcohol and/or drug induced behavior.<br />

22.16.10.28. Participation in a disturbance of the peace or unlawful<br />

assembly including, but not limited to, inciting to riot, rioting, or<br />

failure to disperse.<br />

22.16.10.29. Failure to identify oneself to, or comply with directions<br />

of, an identified <strong>UC</strong> <strong>San</strong> <strong>Diego</strong>, University official, or other public<br />

official acting in the performance of his or her duties while on <strong>UC</strong><br />

<strong>San</strong> <strong>Diego</strong> or University property or at official <strong>UC</strong> <strong>San</strong> <strong>Diego</strong> or<br />

University functions; or resisting or obstructing such <strong>UC</strong> <strong>San</strong> <strong>Diego</strong><br />

or University or other public officials in the performance of, or the<br />

attempt to perform, their duties.<br />

22.16.10.30. Disorderly conduct involving drugs and alcohol such

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