BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 5. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITIES
CHAPTER 1. CALIFORNIA STATE UNIVERSITY
SUBCHAPTER 4. STUDENT AFFAIRS
ARTICLE 2. STUDENT CONDUCT
This database is current through 7/18/08, Register 2008, No. 29
§ 41301. Standards for Student Conduct.
(a) Campus Community Values
The University is committed to maintaining a safe and healthy living and learning
environment for students, faculty, and staff. Each member of the campus community
should choose behaviors that contribute toward this end. Students are expected to
be good citizens and to engage in responsible behaviors that reflect well upon their
university, to be civil to one another and to others in the campus community, and
contribute positively to student and university life.
(b) Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed
through an educational process that is designed to promote safety and good citizenship
and, when necessary, impose appropriate consequences.
The following are the grounds upon which student discipline can be based:
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to
gain unfair academic advantage.
- Furnishing false information to a University official, faculty member, or campus
- Forgery, alteration, or misuse of a University document, key, or identification instrument.
- Misrepresenting one's self to be an authorized agent of the University or one of its
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Willful, material and substantial disruption or obstruction of a University-related
activity, or any on-campus activity.
- Participating in an activity that substantially and materially disrupts the normal
operations of the University, or infringes on the rights of members of the University
- Willful, material and substantial obstruction of the free flow of pedestrian or other
traffic, on or leading to campus property or an off-campus University related activity.
- Disorderly, lewd, indecent, or obscene behavior at a University related activity,
or directed toward a member of the University community.
- Conduct that threatens or endangers the health or safety of any person within or related
to the University community, including physical abuse, threats, intimidation, harassment,
or sexual misconduct.
- Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation
into a student organization or student body, whether or not the organization or body
is officially recognized by an educational institution, which is likely to cause serious
bodily injury to any former, current, or prospective student of any school, community
college, college, university or other educational institution in this state (Penal
Code 245.6), and in addition, any act likely to cause physical harm, personal degradation
or disgrace resulting in physical or mental harm, to any former, current, or prospective
student of any school, community college, college, university or other educational
institution. The term "hazing" does not include customary athletic events or school
Neither the express or implied consent of a victim of hazing, nor the lack of active
participation in a particular hazing incident is a defense. Apathy or acquiescence
in the presence of hazing is not a neutral act, and is also a violation of this section.
- Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia,
(except as expressly permitted by law and University regulations) or the misuse of
legal pharmaceutical drugs.
- Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly
permitted by law and University regulations), or public intoxication while on campus
or at a University related activity.
- Theft of property or services from the University community, or misappropriation of
- Unauthorized destruction, or damage to University property or other property in the
- Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks,
knives, other weapons, or dangerous chemicals (without the prior authorization of
the campus president) on campus or at a University related activity.
- Unauthorized recording, dissemination, or publication of academic presentations (including
handwritten notes) for a commercial purpose.
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file, for any purpose.
- Unauthorized transfer of a file.
- Use of another's identification or password.
- Use of computing facilities, campus network, or other resources to interfere with
the work of another member of the University community.
- Use of computing facilities and resources to send obscene or intimidating and abusive
- Use of computing facilities and resources to interfere with normal University operations.
- Use of computing facilities and resources in violation of copyright laws.
- Violation of a campus computer use policy.
- Violation of any published University policy, rule, regulation or presidential order.
- Failure to comply with directions or, or interference with, any University official
or any public safety officer while acting in the performance of his/her duties.
- Any act chargeable as a violation of a federal, state, or local law that poses a substantial
threat to the safety or well being of members of the University community, to property
within the University community or poses a significant threat of disruption or interference
with University operations.
- Violation of the Student Conduct Procedures, including:
- Falsification, distortion, or misrepresentation of information related to a student
- Disruption or interference with the orderly progress of a student discipline proceeding.
- Initiation of a student discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student discipline matter.
- Attempting to influence the impartiality of any participant in a student discipline
- Verbal or physical harassment or intimidation of any participant in a student discipline
- Failure to comply with the sanction(s) imposed under a student discipline proceeding.
- Encouraging, permitting, or assisting another to do any act that could subject him
or her to discipline.
(c) Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate
notice and an opportunity to be heard before the University imposes any sanction for
a violation of the Student Conduct Code.
(d) Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students,
students between academic terms, graduates awaiting degrees, and students who withdraw
from school while a disciplinary matter is pending. Conduct that threatens the safety
or security of the campus community, or substantially disrupts the functions or operation
of the University is within the jurisdiction of this Article regardless of whether
it occurs on or off campus. Nothing in this Code may conflict with Education Code
Section 66301 that prohibits disciplinary action against students based on behavior
protected by the First Amendment.
Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035,
Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code;
and Section 245.6, Penal Code.
- Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register
77, No. 18). For prior history, see Register 73, No. 15.
- Renumbering of Article 1.1 (Sections 41301-41304) to Article 2 and amendment of NOTE
filed 3-19-82; effective thirtieth day thereafter (Register 82, No. 12).
- Amendment of subsection (l), new subsections (n)-(n)(3), subsection relettering, amendment
of newly designated subsections (o)(1) and (o)(2)(A) and amendment of Note filed 2-2-2004;
operative 2-2-2004. Submitted to OAL for printing only pursuant to Education Code
section 89030.1 (Register 2004, No. 8).
- Amendment of subsection (d), new subsection (o)(6) and amendment of Note filed 7-19-2004;
operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code
section 89030.1 (Register 2004, No. 36).
- Amendment of article 2 heading and repealer and new section filed 11-17-2005; operative
11-17-2005. Submitted to OAL for printing only pursuant to Education Code section
89030.1 (Register 2005, No. 52).
- Amendment of subsection (b)(8) filed 3-19-2007; operative 3-19-2007 pursuant to Education
Code section 89030.1. Submitted to OAL for printing only pursuant to Government Code
section 11343.8 (Register 2007, No. 12).
- Amendment of Note filed 4-6-2007; operative 4-6-2007 pursuant to Education Code section
89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8
(Register 2007, No. 14).
- Repealer of first paragraph, repealer and new subsection (a) and amendment of subsection
(b) and Note filed 2-25-2008; operative 2-25-2008 pursuant to Education Code section
89030.1. Submitted to OAL for printing only pursuant to Government Code section 11343.8
(Register 2008, No. 9).
5 CCR § 41301, 5 CA ADC § 41301
5 CA ADC § 41301
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