Cadet Code of Conduct
Cadet Code of Conduct
A DRUG TESTING POLICY
All cadets must participate in the mandatory Drug Testing Program that includes; a Drug and Alcohol Testing program for reasonable cause/suspicion, post-accident, return-to-duty and follow-up and random testing. This program is consistent with the U.S. Department of Transportation (DOT) Drug Testing regulations. Specific procedures are available from the Office of the Commandant.
Any student who refuse a drug test, falsifies a drug test, or attempts to falsify a drug test or intentionally misses a drug test if found responsible in a Discipline Revie Hearing (DRH) will receive a minimum two year suspension.
B ALCOHOL POLICY
It is the policy of Cal Maritime that the sale, disbursement, consumption, or possession of alcoholic beverages on campus during Cal Maritime sponsored events, as well as off-campus activities sponsored by Cal Maritime or any of its recognized clubs and organizations is strictly prohibited without prior written approval by the University’s senior administration.
The possession and use of alcoholic beverages is strictly limited by State law to those persons 21 years of age or older; at no time may alcoholic beverages be served to persons under the legal drinking age at any event sponsored by Cal Maritime.
The possession or consumption of alcoholic beverages on board the Training Ship GOLDEN BEAR is prohibited at all times. Exceptions are limited to dockside receptions sponsored by the President as part of the official business of Cal Maritime, and require prior authorization of the Cal Maritime President or Master of Training Ship GOLDEN BEAR.
Furthermore, no person shall perform or attempt to perform any scheduled duties within four hours of consuming any alcohol or be intoxicated at any time while on board the Training Ship.
And finally, the possession or use of alcoholic beverages by our Cadets in Cal Maritime’s residence halls is strictly forbidden.
Please refer to the campus-wide Alcohol Policy for complete details.
Cal Maritime will impose disciplinary sanctions against any individual, group, or entity for violating this policy.
Sanctions may range from a warning to suspension/dismissal from the University or loss of organizational status, depending on the nature of the violation and circumstances, and may also include referral to law enforcement agencies for prosecution.
Persons who unlawfully furnish alcoholic beverages to others who are not of legal drinking age may be liable for personal injuries or property damages resulting from misconduct committed by the underage persons.
For health and safety reasons, it is in the best interests of an intoxicated student in an impaired condition to be brought immediately to the attention of campus staff or medical personnel.
C TOBACCO / NO SMOKING POLICY
Effective September 1, 2017, all California State University campuses shall be 100% Smoke Free and Tobacco Free. Therefore, smoking, the use or sale of tobacco products, and the use of designated smoking areas are prohibited at Cal Maritime. This applies to the Training Ship GOLDEN BEAR while docked at Cal Maritime. One designated smoking areas will be provided during Summer Cruise, and as instructed by the Captain.
Violations will be addressed through appropriate disciplinary channels. Notice shall be posted at or near the principal entrances of each campus or property calling attention to the existence of the rules.
D OFFICIAL COMMUNICATION
Cal Maritime utilizes e-mail as an official means of communication. It is each student’s responsibility to maintain their issued Cal Maritime email account. Students are required to check their email frequently. A student’s failure to check their email does not constitute a reason for failure to get the word.
STUDENT CONDUCT STANDARDS
SECTION A: CALIFORNIA STATE UNIVERSITY STANDARDS OF CONDUCT
Admission to a campus of the California State University carries with it the assumption of a sense of responsibility for the welfare of the community. Also assumed are the obligations on the part of each individual to respect the rights of others and to protect Cal Maritime as a forum for the free expression of ideas. Therefore, conduct which violates California State University and/or Cal Maritime policy is considered a detriment to the learning environment and the members of Cal Maritime. Conduct in violation of the offenses listed shall be punishable by expulsion, suspension/dismissal, probation or other sanctions as outlined.
California State University and Cal Maritime are committed to maintaining a safe, healthy living and learning environment for students, faculty, and staff. Each member of the Cal Maritime campus community is expected to 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 cadet and university life.
1). Student Authority for Student Discipline
The Trustees of the California State University are authorized to establish student disciplinary rules pursuant to Education Code 66300. Section 60017 provides specific authorization for the Trustees to establish procedures to take disciplinary action against students for willfully disrupting the orderly operation of the campus. The statute also authorizes immediate suspension/dismissal where necessary in order to protect lives or property and to ensure the maintenance of order. Education Code Section 69810, et seq. governs the forfeiture of state aid to students based on either conviction of a public offense or a campus student disciplinary determination that the student willfully and knowingly disrupted the peaceful conduct of the activities of a campus. Procedures are established pursuant to section 41301 of Title 5 of the California Code of Regulations and govern all student discipline matters system wide.
Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage
in sexual activity. It is the responsibility of each person involved in the sexual
activity to ensure that Affirmative Consent has been obtained from the other participant(s)
to engage in the sexual activity. Lack of protest or resistance does not mean consent
nor does silence mean consent.
- Affirmative Consent can be withdrawn or revoked. Affirmative Consent cannot be given by a person who is incapacitated.
- A person with a medical or mental Disability may also lack the capacity to give consent.
- Sexual activity with a minor (under 18 years old) is never consensual because a minor is considered incapable of giving legal consent due to age.
- Campus or University means the California State University, including its 23 campuses and the Office of the Chancellor.
- Complainant means in individual who is eligible to file a complaint to report a violation of a policy. It also includes any person who is reported to have experienced a violation of this policy in cases where some other person has made a report on that person’s behalf. A complainant may also be referred to as a party to the complaint.
Disability,as defined in California Education Code §66260.5, Government Code § 12926 and the
federal Americans with Disabilities Act (ADA), 2008 Amendments, means:
- Having a physical or mental condition that limits a major life activity. “Limits” means making the achievement of a major life activity difficult. “Limits” is determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A “major life activity” is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing) and working; or
- Having a known history of a qualifying impairment; or
- Being regarded or treated as having or having had a qualifying impairment; or
- Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.
- Disability includes HIV and AIDS. Disability is a Protected Status.
- Discrimination means Adverse Action taken against a Student by the CSU, a CSU employee, another Student because of a Protected Status.
- DHR (Discrimination, Harassment, and Retaliation) Administrator means the Management Personnel Plan (MPP) Employee at each Campus who is designated to administer this Executive Order and coordinate compliance with the laws prohibiting Discrimination, Harassment and Retaliation. The DHR Administrator may delegate tasks to one or more designees, provided that any designee shall be a MPP Employee or an external consultant, and the DHR Administrator retains overall responsibility and authority.
- Executive Order 1095 is the system-wide implementation of Title IX, VAWA/Campus SaVE Act, and Related Sex Discrimination, Sexual Harassment and Sexual Violence Legislation.
Executive Order 1097 is the System-wide Policy Prohibiting Discrimination, Harassment and Retaliation against
students, and Systemwide Procedure for handling Discrimination, Harassment, and Retaliation
Complaints by Students.
- Executive Order 1096 is the System-wide Policy Prohibiting Discrimination, Harassment and Retaliation Against Employees and Third Parties and Procedure for Handling Discrimination, Harassment and Retaliation Allegations by Employees and Third Parties
Gender means sex, and includes Gender Identity, Gender Expression, and transgender.
It also includes sex stereotyping.
- Sex includes, but is not limited to pregnancy, childbirth, breastfeeding or any related medical conditions.
- Gender Identity means a person’s identification as male, female, a gender different from the person’s sex at birth or transgender.
- Gender Expression means a person’s gender-related appearance or behavior whether or not stereotypically associated with the person’s assigned sex at birth.
- Sex stereotype means an assumption about a person’s appearance or behavior or about an individual’s ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex.
- Transgender is a general term that refers to a person whose gender identity differs from the person’s sex at birth. A transgender person may or may not have a gender expression that is different from the social expectation of the sex assigned at birth. A transgender person may or may not identify as transsexual.
- Gender is a Protected Status.
- Harassment means unwelcome conduct, based on the Complainant’s Protected Status, that is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting her/his ability to participate in or benefit from the services, activities or opportunities offered by the University.
Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal or physical conduct
of a sexual nature that includes but is not limited to sexual advances, requests for
sexual favors, and any other conduct of a sexual nature where:
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.
Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization; being subjected to video exploitation or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework.
Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on Gender or sex stereotyping, even if those acts do not involve conduct of a sexual nature.
Executive Order 1097 covers unwelcome conduct of a sexual nature. While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Sexual Harassment or Sexual Misconduct, including Dating or Domestic Violence, or Stalking, subject to this policy.
Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of harassment based on Gender.
- Sexual Misconduct: All sexual activity between members of the CSU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.
Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, and Dating Violence. When based on Gender, Domestic Violence or Stalking also constitute Sexual Misconduct. Sexual Misconduct may include using physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication) to engage in sexual activity. Men as well as women can be victims of these forms of Sexual Misconduct. Sexual activity with a minor is never consensual when the Complainant is under 18 years old, because the minor is considered incapable of giving legal consent due to age.
- Sexual Assault is a form of Sexual Misconduct and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or sex.
- Sexual Battery is a form of Sexual Misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person’s Gender or sex as well as touching an intimate part of another person against that person’s will and for the purpose of sexual arousal, gratification, or abuse.
- Rape is a form of Sexual Misconduct and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute Rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical Disability renders a person incapable of giving consent. The Respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.
- Acquaintance Rape is a form of Sexual Misconduct committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website
- Dating Violence is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to self or another. Abuse does not include non-physical, emotional distress or injury.
- Stalking means engaging in a repeated Course of Conduct directed at a specific person that would cause a Reasonable Person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress. For purposes of this definition:
- Course of Conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through Third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;
- Reasonable Person means a reasonable person under similar circumstances and with the same Protected Status(es) as the Complainant;
- Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
- Investigator means the person tasked by a Campus with investigating a Complaint. All Investigators shall receive annual training regarding such issues as the laws governing Discrimination, Harassment and Retaliation; Title IX and VAWA/Campus SaVE Act; as well as other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender or Sex, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking; Complainant, Respondent, Employee, and witness privacy rights; and the Family Educational Rights and Privacy Act of 1974 (FERPA). For matters involving Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or Domestic Violence or Stalking, the Investigator shall also receive annual training on how to conduct an investigation process that protects the safety of the Complainant(s) and the University community. (See also Executive Order 1095 regarding required training for Sexual Harassment and Sexual Misconduct investigations.)
- If delegated, the DHR Administrator or the Title IX Coordinator (for Complaints alleging Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or Domestic Violence, or Stalking) shall monitor, supervise, and oversee the investigation to ensure that it is conducted in accordance with the standards, procedures and timelines set forth in Executive Order 1097.
- The Investigator shall not be within the administrative control or authority of any Respondent CSU Employee. The Investigator may be the DHR Administrator, the Title IX Coordinator, or their designee, provided that any designee shall be an MPP Employee or an external consultant.
- MPP Employee means an employee who has been designated as a “management” or “supervisory” employee under the provisions of the Higher Education Employer-Employee Relations Act.
- Preponderance of the Evidence means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side. The Preponderance of the Evidence is the applicable standard for demonstrating facts and reaching conclusions in an investigation conducted pursuant to this Executive Order.
- Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic Information, Gender Identity (including transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, Sexual Orientation, and Veteran or Military Status.
- Remedies mean actions taken to correct allegations and/or reported violations of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking as set forth in Executive Order 1097. Remedies can include Discipline or other corrective action.
- Interim Remediesshall be offered prior to the conclusion of an investigation in order to immediately stop any wrong-doing and/or reduce or eliminate any negative impact, when appropriate. Persons reporting that they have been the victim of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or Domestic Violence or Stalking must be provided reasonable and available Interim Remedies, if requested, regardless of whether the person chooses to report the conduct to Campus police or local law enforcement, and regardless of whether an investigation is conducted under Executive Order 1097. Examples may include offering the option of psychological counseling services, changes to academic or living situations, completing a course and/or courses on-line (if otherwise appropriate), academic tutoring, arranging for the re-taking of a class or withdrawal from a class without penalty, and/or any measure as appropriate to stop further alleged harm until an investigation is concluded or a resolution is reached. The Title IX Coordinator shall assist and provide the Complainant with reasonable Remedies as requested throughout the reporting, investigation, appeal, and disciplinary processes, and thereafter.
- Retaliationmeans Adverse Action taken against a Student because the Student has or is believed to have:
- Exercised rights under Executive Order 1097;
- Reported or opposed conduct which was reasonably and in good faith believed to be in violation of Executive Order 1097;
- Assisted or participated in a policy-related investigation/proceeding regardless of whether the Complaint was substantiated; or,
- Assisted someone in reporting or opposing a violation of Executive Order 1097, or assisted someone in reporting or opposing Retaliation under Executive Order 1097.
- Retaliation may occur whether or not there is a power or authority differential between the individuals involved.
- Studentmeans an applicant for admission to the CSU, an admitted CSU Student, an enrolled CSU Student, a CSU extended education Student, a CSU Student between academic terms, a CSU graduate awaiting a degree, a CSU student currently serving a suspension or interim suspension, and a CSU Student who withdraws from the University while a disciplinary matter (including investigation) is pending.
- Student Conduct Code means 5 California Code of Regulations Section 41301 et seq.
- Title IX Coordinator means the Campus MPP Employee appointed by the Campus president to coordinate compliance with Title IX; VAWA/Campus SaVE Act; and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender or sex, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking.
- University Property means:
- Real or personal property in the possession or under the ownership or control of the University; and
- All University facilities whether utilized by a Campus or a Campus auxiliary organization.
- Working Days are defined as Monday through Friday, excluding all official Campus holidays or Campus closures at the Campus where the complaint originated or at the CO where an Appeal is reviewed.
- Procedures for University disciplinary action for Sexual Violence, Domestic Violence, Dating Violence, and Stalking, including a clear statement that: Such proceedings shall provide a prompt, fair, and impartial investigation and resolution;
- - Such proceedings shall be conducted by officials who receive annual training on issues related to these offenses, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
- - The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice;
- - Both the accuser and the accused shall be simultaneously informed in writing of:
- The outcome of any disciplinary proceedings that arises from an allegation of Sexual Violence, Domestic Violence, Dating Violence, or Stalking;
- The University’s procedures to appeal the results of the disciplinary proceeding;
- Any change to the disciplinary results that occurs prior to the time such results become final; and
- When disciplinary results become final.
ARTICLE I – Authority & Purpose
These procedures are established pursuant to 5 California Code of Regulations Section 41301, and govern all Student disciplinary matters system wide.
Procedures specifically for allegations involving Discrimination, Harassment, Retaliation, Sexual Misconduct, Domestic and Dating Violence, and Stalking are set forth in Article IV.
ARTICLE II - General Provisions
- Student Conduct Administrator
Each Campus president shall assign an MPP employee to be the Student Conduct Administrator, whose responsibilities are to perform duties as prescribed in these procedures.
- All Student Conduct Administrators shall receive appropriate training regarding: (a) the student discipline process (including investigation skills and procedures); (b) the law governing Discrimination, Harassment and Retaliation; (c) Student and witness privacy rights; and, (d) the Family Educational Rights and Privacy Act of 1974 (FERPA).
- All Student Conduct Administrators shall also receive annual training on issues related to: (a) Title IX, VAWA/Campus SaVE Act, and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking; and, (b) how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- Hearing Officers
- Each Campus president shall appoint one or more persons to serve as Hearing Officers. They may be University employees with MPP appointments (current or retired); managers or directors (current or retired) of a recognized campus auxiliary organization; attorneys licensed to practice in California; or administrative law judges from the Office of Administrative Hearings. Student Conduct Administrators and all persons working under or reporting to them, persons with a conflict of interest in the matter, and percipient witnesses to the events giving rise to the matter are ineligible to serve as Hearing Officers.
- Except as provided in Article IV, the Hearing Officer conducts the hearing, determines whether a Student has violated the Student Conduct Code, and prepares a report that includes findings and conclusions about whether the Student violated the Student Conduct Code and any recommended sanctions.
- All Hearing Officers shall receive appropriate training regarding: (a) the student discipline process; (b) the law governing Discrimination, Harassment and Retaliation; (c) student and witness privacy rights; and, (d) FERPA.
- All Hearing Officers shall also receive annual training on issues related to: (a) Title IX, VAWA/Campus SaVE Act, and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking; and, (b) the duties of the Hearing Officer (including impartiality, confidentiality and the duty to conduct hearings in a manner that protects the safety of victims and promotes accountability).
Both the Complainant and the Student charged may elect to be accompanied
by an Advisor of their choice, subject to the limitations set forth in this section,
to any meetings, conferences, interviews or hearings.
Any witnesses who are alleged to be victims of the Discrimination, Harassment, Retaliation, Sexual Misconduct, Domestic or Dating Violence, or Stalking at issue may likewise elect to be accompanied by an Advisor of their choice.
In cases involving Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking, the Complainant may elect to have a Sexual Assault Victim's Advocate or an attorney as an Advisor. Likewise, in such matters, the Student charged may elect to have an attorney as an Advisor.
Student conduct proceedings are not meant to be formal court-like trials. Although University-related sanctions may be imposed, the process is intended to provide an opportunity for learning. Whoever is selected as an Advisor is limited to observing and consulting with, and providing support to, the Complainant, witness, or Student charged. An Advisor may not speak on a Student's or Complainant's behalf.
In proceedings that do not involve allegations of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking, each Campus president determines by Campus directive whether attorneys are permitted to be present in all or some Student conduct proceedings. Except as otherwise provided in this section, in the absence of a president's directive, attorneys shall be excluded from acting as an Advisor in disciplinary conferences and hearings.
Notwithstanding any Campus directive, attorneys may attend hearings as Advisors: (a) where there are pending criminal (felony) charges arising out of the same facts that are the subject of the disciplinary proceeding; or (b) where the recommended sanction is expulsion.
The Advisor may not be a person with information relevant to the allegations who may be interviewed or called upon to testify during any related investigation or hearing.
Any person who wishes to have an attorney present at the hearing as an Advisor must notify the Student Conduct Administrator in writing of the attorney's name, address and phone number at least 5 Working Days prior to the hearing.
- Information provided to University employees shall be considered private and shall be shared with other University employees and law enforcement exclusively on a “need to know” basis. University employees shall endeavor to honor any Complainant’s or alleged victim’s request for confidentiality; however, the University shall also weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the Campus community. Confidentiality, therefore, cannot be ensured. Executive Orders 1095 and 1097 identify those categories of University employees who are required by law to maintain near or complete confidentiality (for example, in connection with allegations of Sexual Misconduct). Questions about rights and options with respect to confidentiality should be directed to the Title IX Coordinator.
- The student conduct administrator, (who may act through designees) which on Cruise is the Cruise Commandant, shall deliver all correspondence to Students (including the Student charged) at the University-assigned, or other primary, email address linked to the Student’s account in the registrar’s office. While cadets are aboard the TS Golden Bear, all correspondence is delivered in person. Email is not the primary communication method while aboard.
- Interpretation of the Student Conduct Code and Executive Order 1098
- All issues regarding the hearing described in Executive Order 1098 except those specifically noted, are within the purview of the hearing officer for final determination. Questions of interpretation of the Student Conduct Code or this Executive Order are outside the purview of the hearing officer and are determined by the Campus Vice President for Student Affairs or designee.
VII. Delegation of Duties
- The duties of the President in these proceedings may be delegated to appropriate Vice President
- The Campus may (but is not required to) extend timelines set forth in this Executive Order. Extensions shall be determined by the Campus President, Vice President for Student Affairs, or a designee. The student conduct administrator shall notify the Student charged, Complainant, witnesses and involved Campus administrators of any revised timeline.
- Parallel Judicial Proceedings
- Student Conduct Code proceedings are independent from court or other administrative proceedings. Discipline may be instituted against a Student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of the Student Conduct Code. The Campus may proceed before, simultaneously with, or after any judicial or other administrative proceedings, except in cases involving Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking). In such cases, the Campus shall proceed without delay pursuant to Executive Order 1098, Article 4 below.
- Cases Involving Academic Dishonesty
- Academic dishonesty cases that occur in the classroom shall be handled by faculty members according to applicable Campus procedures. After action has been taken in any such case, the faculty member shall promptly notify the Vice President for Student Affairs (or designee) and the student conduct administrator of the matter so that the circumstances of the misconduct can be considered in their totality. A department’s procedure for responding to cases of academic dishonesty is, by its nature, limited to the instance presented in a particular class. The Student Conduct Code process provides the Campus with an opportunity to consider the Student’s entire circumstances, including whether the reported instance is part of a larger pattern of misconduct.
4). Demerit Limits and Disciplinary Probation
- The conduct code at California State University Maritime Academy utilizes a merit/demerit system. The semester, academic year, and tenure demerit limits are 75, 125, and 350 demerits respectively. Cadets will receive a Warning Notice when they exceed 50 Demerits. Upon reaching any one of these demerit totals, the Cadet will be automatically put on Discipline Probation and noted on Cadets transcripts. While under Discipline Probation a cadet may not be eligible to:
- Participate in athletics for Cal Maritime.
- Hold office or positions in Corps, ASCMA, Housing & Residential Life or recognized clubs or represent the campus in any manner.
- Disciplinary Probation will normally last for the current semester and will be maintained until the completion of the following semester, to include any TSGB cruise, Commercial Cruise, Co-Op, or International Experience.
- Cadets exceeding these limits will be subject to a Discipline Review Hearing to show cause why said cadet should not be suspended for a period of not less than one calendar year. A Standard Sanction will be presented to the Cadet in lieu of going to a hearing.
III. A cadet can also be placed on disciplinary probation by the result of a hearing board sanction.
- iv. A student who has been found responsible for three or more suspensions will be subject to a DRH for Expulsion.
5). Organization and Jurisdiction of Hearing Officers and Boards
- Authority of the President
- The President is responsible for student discipline, including the implementation of these procedures and any action taken under this authority. The functions of the President may be delegated to individual designees who are members of the faculty and staff of the Academy, and who shall exercise those functions in the President’s names. All references in these procedures to the President include such designees.
- The President shall annually appoint faculty and staff to the hearing and appeals boards defined below.
- During periods of campus emergency, as determined by the President, the President may place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
- The duties of the President in these proceedings may be delegated to another campus official.
- At California State University Maritime Academy, the Vice President of Student Affairs will serve as the designated appeal coordinator.
- Student Conduct Administrator
- Appointment: The Student Conduct Administrator shall be assigned by the Vice President of Student Affairs through the authority of the President.
- Decision to Initiate Disciplinary Action: The Student Conduct Administrator shall make the decision as to whether disciplinary action shall be taken on all violations of the Standards of Conduct for Students.
- Notification of Victims of Sexual Assault or Physical Abuse: The Student Conduct Administrator may notify alleged victims of sexual assault or physical abuse of the results of and disciplinary action taken within three (3) working days following that disciplinary action (Education Code Section 67143).
- Notification of Victims of Crime of Violence: The Student Conduct Administrator may notify alleged victims of a crime of violence of the results of any disciplinary action taken.
- The Student Conduct Administrator serves at the pleasure of the President...
- Scheduling of Hearings: The Student Conduct Administrator shall make the physical and scheduling arrangements for hearings held under these procedures.
- Campus Representative: The Student Conduct Administrator shall represent the campus in all hearings.
- The Student Conduct Administrator shall meet with the charged students to assure they understand the procedures of the conduct system and their rights within the system.
- The Student Conduct Administrator shall track the students’ conduct records providing regular reports to the Vice President.
- Hearing Boards
- Discipline Review Hearing Officer(s) (DRH) have jurisdiction over all violations of the Standards of Conduct for Students that have been referred to a DRH and can impose disciplinary sanctions. The DRH Officer(s) is selected from members of the university. DRH Officer (s) can be Faculty, Staff, or Administration. To assure the availability of a hearing board officer at all times, the President may designate a pool of qualified faculty and staff to serve throughout the year.
- An Administrative hearing with the Conduct Administrator hearing the case may be requested by the student. If requested the student acknowledges there is no appeal. The Student must request this Administrative Hearing and the Conduct Administrator must agree to hold the hearing outside of the normal proceedings.
- Due to the mission of the Training Ship Golden Bear and the unique status of the ship being underway, in foreign ports, and away from the campus; while cadets are onboard the Training Ship GOLDEN BEAR, Captain’s Mast has jurisdiction over all serious disciplinary violations, including but not limited to violations of the Standards of Conduct for Students. The Captain of the Training Ship (COTS) will preside over all these violations and can impose appropriate disciplinary sanctions. In these situations, the Captain may also make a determination to remove the cadet for the safety and security of the ship and crew or other significant violations of the cadet conduct code that demonstrate conduct unbecoming a cadet including, but not limited to, such conduct onshore that causes embarrassment to the Academy or the United States. Additionally, the Captain may make a determination to refer the violation to a DRH hearing.
- Captain’s Mast will hear all violations of Class I and Class III on board the Training Ship, which are not heard by the Conduct Review Board. All violations will be evaluated by the Cruise Commandant onboard the TS GOLDEN BEAR to determine the appropriate Hearing Board on the Training Ship.
- Attendance at Captain’s Mast is mandatory for all infractions aboard the Training Ship. Failure to attend the Mast may result in further charges of absence from duty.
- The decision of the Captain’s Mast shall be made immediately, unless the case warrants further investigation. Sanctions may include a warning, demerits, loss of liberty, removal from cruise, community service, and other sanctions as authorized in Class III Violations.
- Decisions of the Captain’s Mast are not subject to an appeal.
- Academic Integrity Committee (AIC) has jurisdiction over matters pertaining to academic dishonesty. Academic dishonesty cases that occur in the classroom shall be handled by faculty members according to applicable campus procedures. After action has been taken in any such case, the faculty member shall prepare an email that identifies the Student who was found responsible, the general nature of the offense, the action taken, and a recommendation as to whether or not disciplinary action should be considered. The faculty member shall promptly send the email to the Vice President for Student Affairs and the Student Conduct Administrator so that the circumstances of the misconduct can be considered in their totality. A department’s procedure for responding to cases of academic dishonesty is, by its nature, limited to the instance presented in a particular class. The Student Conduct Code process provides the campus with an opportunity to consider the Student’s entire circumstances, including whether the reported instance is part of a larger pattern of misconduct.
- Suspension of Procedures and Appointment of Hearing Officers and Boards.
- Each campus President shall appoint one or more persons to serve as hearing officers. They may be California State University employees (current or retired), managers or directors (current or retired) of a recognized campus auxiliary organization, attorneys licensed to practice in California, or administrative law judges from the Office of Administrative Hearings. Student Conduct Administrators and their subordinates, persons with a conflict of interest in the matter, and percipient witnesses to the events giving rise to the matter are ineligible to serve as hearing officers. The hearing officer conducts the hearing, determines whether a Student has violated the Student Conduct Code, and prepares a report that includes findings of facts and conclusions about whether the Student violated the Student Conduct Code and any recommended sanctions. All hearing officers shall have relevant experience or shall receive appropriate training regarding such issues as the student discipline process, the laws governing Discrimination, Harassment and Retaliation, Student and witness privacy rights, the Family Educational Rights and Privacy Act of 1974 (FERPA), and the role and duties (including impartiality and confidentiality) of the hearing officer.
- The President may suspend these procedures at any time and appoint for a specific case or cases one or more persons to serve as Hearing Officers. Hearing Officers shall follow the Student Handbook.
ARTICLE III - STUDENT MISCONDUCT PROCEEDINGS
1). Complaint Intake/Investigation
- Complaint: Whenever it appears that the Student Conduct Code has been violated, an oral or written complaint should be directed to the student conduct administrator as soon as possible after the event takes place.
- The student conduct administrator shall promptly: investigate each complaint submitted; determine whether it is appropriate to charge a Student with violation of the Student Conduct Code; and consider whether the University should implement an interim suspension (pursuant to Article VI), withdrawal of consent to remain on Campus, no contact orders concerning one or more members of the University community.
III. Investigations shall be concluded within 40 Working Days after a complaint has been made
2). Notice of Conference
- Within ten (10) Working Days after the investigation is complete The Student Conduct Administrator shall notify the Student in writing that a conference has been scheduled or that the Student is directed to promptly schedule a conference with the student conduct administrator.
- The Notice of Conference shall include the following information:
- The sections of the Student Conduct Code and other Campus policies that are the subject of the charges;
- A factual description of the Student’s alleged conduct that forms the basis for the charges;
The proposed sanction or range of sanctions,
- The location on the Campus where the Student can view his or her discipline file, including the location (or copies) of the Campus policies that were violated;
- Notification of any immediate, interim suspension (see Article VI) and/or withdrawal of consent to remain on Campus;
- Notification of the Student’s right to be accompanied at the conference by a support person/advisor and the Campus policy regarding use of attorneys; and
- A copy of this Executive Order or notice of where the Student may obtain a copy. If an interim suspension has been imposed or consent to remain on Campus has been withdrawn by the time the Notice of Conference is sent, a copy of this Executive Order shall be enclosed, along with any other Campus policy referenced in the notice of hearing.
III. The conference with the Student charged and any meeting with the Complainant/victim shall be conducted as follows:
- The conference and/or meeting shall not be recorded.
- The student conduct administrator controls the conference/meeting and may exclude any advisor who materially disrupts the conference or meeting.
- The conference requirement is waived if the Student or Complainant/victim fails to attend the conference or otherwise declines to cooperate.
- The Student shall respond to the charges of misconduct at the conference. The student conduct administrator shall determine which cases are appropriate for resolution (via settlement agreement), taking into consideration the results of the investigation and any additional information provided by the Student charged and the Complainant/victim during any conferences. If agreement can be reached with the Student as to an appropriate disposition, the matter shall be closed and the terms of the disposition shall be put in writing and signed by the Student charged and the University after the Student charged has been given a reasonable opportunity to review the proposed settlement agreement with a support person/advisor of the Student’s choice. Suspension of one academic year or more or expulsion shall be entered on the Student’s transcript permanently without exception; this requirement shall not be waived in connection with any settlement agreement.
- If the Student admits violating the Student Conduct Code, but no agreement can be reached with respect to the sanction, the Student may request a hearing on the sanction only.
- Nothing in this Executive Order shall prevent the Student and the University from entering into a voluntary resolution of an actual or anticipated student disciplinary case at any time, provided that the Student is first given a reasonable opportunity to review any proposed settlement agreement with an advisor/support person of his/her choice.
3). Notice of Hearing
- The Student Conduct Administrator shall issue notice of a hearing within 10 working days after the conference has concluded.
- The notice of hearing shall be issued under the following circumstances:
- If the Student fails to attend the conference or otherwise declines to cooperate;
- If the matter is not closed or the disposition is not memorialized in writing promptly after the conference; or
- If the Student admits violating the Student Conduct Code, but no agreement can be reached with respect to the sanction.
III. The notice of hearing shall include the following information:
- The sections of the Student Conduct Code and other Campus policies that are the subject of the charges;
- A factual description of the Student’s alleged conduct that forms the basis for the charges;
- The proposed sanctions;
- Notification that neither the hearing officer nor the President is bound by the proposed sanction and that the hearing officer may recommend, and/or the President may set, a more severe sanction;
- The date, time and place of the hearing;
- The location on the Campus where the Student may view his or her discipline file, including the location (or copies) of the Campus policies that were violated and any investigative report;
- Notification that the Student may be accompanied at the hearing by an advisor, and the Campus policy regarding use of attorneys. if attorneys are allowed notification shall be given that any person who intends to bring an attorney as their advisor must inform the student conduct administrator of the attorney’s name, address and phone number at least five Working Days before the hearing. Failure to provide this notice in a timely manner will result in the exclusion of the attorney.
- Notification that the Student can waive the right to a hearing by accepting the proposed sanction;
- Notification of any immediate, interim suspension (see Article VI) and/or withdrawal of consent to remain on Campus;
- A copy of this Executive Order or notice of where the Student and/or Complainant may obtain a copy. If an interim suspension has been imposed or consent to remain on Campus has been withdrawn by the time the notice of hearing is sent, a copy of this Executive Order shall be enclosed, along with any other Campus policy referenced in the notice of hearing.
- The student conduct administrator shall schedule the hearing promptly, but in any event no sooner than 10 Working Days after, and no later than 20 Working Days after, the date of the notice of hearing.
- A notice to appear at hearing shall be sent to any University-related witnesses at least 5 Working Days before the hearing at the University-assigned or other primary e-mail addresses linked to these persons’ University accounts.
- The notice of hearing may be amended at any time, and the student conduct administrator may (but is not required to) postpone the hearing for a reasonable period of time. If the notice is amended after a hearing is underway, the hearing officer may (but is not required to) postpone the hearing for a reasonable period of time.
- The hearing is closed to all persons except the student conduct administrator; the Student charged; an advisor; appropriate witnesses while they are testifying; the hearing officer; and one person to assist the hearing officer in recording the hearing. The Student charged, any Complainant, and any witnesses shall attend the hearing in person unless the student conduct administrator permits an exception (e.g., participation via video conference or telephone). A police or security officer may also be present if deemed appropriate or necessary by the Vice President for Student Affairs or hearing officer. The University will cooperate in providing University witnesses wherever possible, provided that they are identified at least five Working Days before the hearing.
- Hearings are intended to be educational rather than adversarial. The hearing officer controls the hearing, the student conduct administrator and the Student charged each put on the evidence in their case and may each ask questions of the witnesses in whatever manner the hearing officer deems appropriate.
III. The hearing officer may ask questions of any witness, the Student charged, the Complainant, or the student conduct administrator.
- Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. All information that responsible persons are accustomed to rely upon in the conduct of serious affairs is considered. Hearsay may be considered and will be given the weight appropriate under all of the circumstances. Unduly repetitive information may be excluded.
- The judicial officer assigned shall make an official audio recording of the hearing (with assistance, at the hearing officer’s discretion). The recording is University Property. No other recording of the hearing is permitted. The audio recording shall be retained by the student conduct administrator in accordance with the Campus records/information retention and disposition schedule.
- If the Student charged or Complainant fails to appear at the hearing without good cause, the hearing shall nevertheless proceed. The Student charged may not be found to have violated the Student Conduct Code solely because he or she failed to appear at the hearing. Nor may the Student charged be found not to have violated the Student Conduct Code solely because a Complainant or witness failed to appear at the hearing.
VII. The hearing officer is responsible for maintaining order during the hearing and makes whatever rulings are necessary to ensure a fair hearing. Abusive or otherwise disorderly behavior that causes a material disruption is not tolerated. The hearing officer may eject or exclude anyone (including the Student charged and advisors) whose behavior causes a material disruption.
VIII. The hearing officer’s decisions regarding procedural issues are final.
- Where there is more than one Student charged with misconduct in connection with a single occurrence or related multiple occurrences, the student conduct administrator and the Students charged may agree to a single hearing. A Student may request consolidation of his or her case with others, or the student conduct administrator may initiate the consolidation (subject to FERPA and other applicable privacy laws). The student conduct administrator makes consolidation decisions, which are subject to review by the hearing officer and thereafter are final.
- At any time during the hearing, the Student charged may waive the right to a hearing and accept the proposed sanction. Such a waiver must be in writing..
- If a student decides to take a leave of absence for any reason while charged with a conduct violation, the hearing procedures will still be followed and the hearing will take place. A student with a leave of absence will not delay or stop the hearing procedures.
XIII. To the best of the campus’s ability, all hearings will take place in the academic year the offense occurs. In the event a hearing cannot be scheduled due to semester closing or lack of a hearing officer, the student can agree to an Administrative Hearing with the Conduct Administrator or have the case heard the next semester. .
5). Standard of Proof; Report and Recommendations of the Hearing Officer
- After the hearing, the hearing officer shall make findings of fact and conclusions about whether the Student charged violated the Student Conduct Code. The standard of proof the hearing officer shall use is whether the University’s charge is sustained by a preponderance of the evidence. It is the University’s burden to show that it is “more likely than not” that the Student violated the Student Conduct Code.
- The hearing officer’s report shall be based only on information received at the hearing. The hearing Officer shall not, prior to preparing the report, have substantive communication about facts in the case with the Student Conduct Administrator, the Complainant, the student charged, or the witnesses, unless the Student Conduct Administrator and the student charged are present.
III. The Hearing Officer shall submit a written report of findings and conclusions, to the Vice-President of Student Affairs, along with any recommended sanctions, The report shall be submitted to the Vice-President within 5 working days.
- In cases where the DRH Officer has found a student not responsible for a Class II offence that lead to a DRH for excessive demerits; the case will be considered closed and there is not a review from the Vice President of Student Affairs.
6). Final Decision/Notification
The Vice President of Student Affairs shall review the hearing officer’s report and issue a final decision.
- The Vice President may impose the recommended sanctions, adopt a different sanction or sanctions, reject sanctions altogether, or refer the matter back for further findings on specified issues. If the Vice President adopts a different sanction than what is recommended by the hearing officer, the Vice President must set forth the reasons in the final decision letter. The Vice President’s final decision letter shall be issued within 10 Working Days after receipt of the hearing officer’s report.
- The Vice President shall send his or her decision electronically to the Student charged at the University-assigned or other primary e-mail address linked to the Student’s University account.
III. In cases involving crimes of violence, including Sexual Violence, Domestic Violence, Dating Violence, or Stalking, both the Complainant-victim and the Student charged shall be simultaneously informed in writing of:
- The outcome of any disciplinary proceedings that arise from such allegations;
- Any change to the results that occurs prior to the time that such results become final; and
- When such results become final.
This information is given only to the Student charged and Complainant/victim, and includes the name of the Student charged, any violation found to have been committed, and any sanctions imposed on the Student charged. The University may also notify any other alleged victim of the final results regardless of whether or not the charges are sustained.
- In cases involving other allegations of Discrimination, Harassment or Retaliation without crimes of violence, a similar notice will be issued, but the information given to the Complainant/victim concerning sanctions shall be limited to any violation found to have been committed and any sanctions that relate directly to the Complainant/victim.
- In cases involving Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), the President shall also send his/her final decision to the DHR Administrator or the Title IX Coordinator so that he/she may determine whether any additional Remedies or steps shall be afforded or undertaken in order to maintain a safe and nondiscriminatory University environment.
- In cases involving crimes of violence and/or Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), if the Complainant/victim requests a copy of the transcript of the hearing, the University shall provide the portions of the transcript that relate to the requestor and concern whether a violation of the Student Conduct Code occurred.
- The following sanctions may be imposed for violation of the Student Conduct Code:
- Restitution. Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.
- Loss of Financial Aid. Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, cancelled or denied.
- Educational and Remedial Sanctions. Assignments, such as work, research, essays, service to the University or the community, training, counseling, or other remedies intended to discourage a repeat of the misconduct or as deemed appropriate based upon the nature of the violation.
- Denial of Access to Campus or Persons. A designated period of time during which the Student is not permitted: (i) on University Property or specified areas of Campus; or (ii) to have contact (physical or otherwise) with the Complainant, witnesses or other specified persons.
- Disciplinary Probation.
A designated period of time during which privileges of continuing in Student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current Student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the Student is found to violate any University rule during the probationary period.
- Suspension. Temporary separation of the Student from active Student status or Student status.
- A Student who is suspended for less than one academic year shall be placed on inactive Student (or equivalent) status (subject to individual Campus policies) and remains eligible to re-enroll at the University (subject to individual Campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may be specified.
- A Student who is suspended for one academic year or more shall be separated from Student status but remains eligible to reapply to the University (subject to individual Campus application policies) once the suspension has been served. Conditions for readmission may be specified.
iii. Suspension of one academic year or more shall be entered on the Student’s transcript permanently without exception; this requirement shall not be waived in connection with a settlement agreement.
- A student who has been found responsible for three or more suspensions will be subject to a DRH for Expulsion.
Permanent separation of the Student from Student status from the California State University system. Expulsion shall be entered on the Student’s transcript permanently without exception; this requirement shall not be waived in connection with a settlement agreement.
- Multiple Sanctions.
More than one sanction may be imposed for a single violation.
- Good Standing.
A Student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension/dismissal or expulsion, or while his or her admission or re-admission has been qualified.
- Administrative Hold and Withholding a Degree
The University may place an administrative hold on registration transactions and release of records and transcripts of a Student who has been sent written notice of a pending investigation or disciplinary case concerning that Student, and may withhold awarding a degree otherwise earned until the completion of the process set forth herein, including the completion of all sanctions imposed.
- Record of Discipline.
A record of disciplinary probation or suspension/dismissal is entered on a Student’s transcript, with beginning and end date, for the duration of the sanction. A record of expulsion or suspension/dismissal for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. This requirement shall not be waived in connection with any settlement agreement.
- Interim Suspension.
A President may impose an interim suspension pursuant to 5 Cal. Code Regs. § 41302 where there is reasonable cause to believe that separation of a Student is necessary to protect the personal safety of persons within the University community or University Property, and to ensure the maintenance of order.
- Notice and Opportunity for Hearing
A Student placed on interim suspension shall be given prompt notice of the charges pending against him or her as enumerated in 5 Cal. Code Regs. § 4130; a factual description of the conduct alleged to form the basis for the charges; and the opportunity for a hearing within 10 Working Days of the imposition of the suspension. Where a timely request is made, a hearing is held to determine whether continued suspension is required to protect personal safety or property and to ensure the maintenance of order. This hearing may also serve as the disciplinary hearing in accordance with the procedures outlined in Article IV, provided that proper notice has been given and, in cases involving Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), that an investigation report has been completed. The hearing is conducted pursuant to the provisions of Article IV.D of these procedures. The President shall review the hearing officer’s report and shall promptly issue a final decision regarding interim suspension. Notice to the Student charged shall be given pursuant to Article IV.F.2. Victims of Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence, or Stalking) or other crimes of violence shall be notified pursuant to Article IV.F.3 and 4. In such cases, a copy of the final decision shall also be provided to the DHR Administrator or the Title IX Coordinator pursuant to Article IV.F.5 of this Executive Order. If the University establishes that there is reasonable cause for the interim suspension to continue, it shall remain in effect until the University closes the disciplinary matter, whether by settlement, final decision or dropped charges, but in no case longer than the President has determined is required to protect the personal safety of persons within the University community or University Property and to ensure the maintenance of order.
- Denial of Presence on Campus
During the period of an interim suspension, the Student charged may not, without prior written permission from the Campus President, enter any Campus of the California State University other than to attend the hearing regarding the merits of his or her interim suspension. The President may also restrict the Student’s participation in University-related activities on a case-by-case basis, such as attending off-Campus activities and/or participating in on-line classes. Violation of any condition of interim suspension shall be grounds for expulsion.
8). Admission or Readmission
Applicants for admission into any University program are subject to appropriate sanctions for violations of the Student Conduct Code, including qualification, revocation or denial of admission or readmission. Any such sanction shall be determined by a hearing held pursuant to Article IV. All students seeking readmission must first have approval from the Provost in cases of academic suspension and the Vice President of Student Affairs in disciplinary suspension. It is the student’s responsibility to know when and how to reapply; info available at www.csum.edu.
9). Violation of Cal Maritime’s Drug Testing Policy and Procedure
Violation of Cal Maritime’s Drug Testing Policy by a cadet may result in the surrendering of the cadet’s merchant mariner documents as appropriate and forwarding of a positive drug finding to the U.S. Coast Guard for entry into the cadet’s record.
SECTION C: CONDUCT VIOLATIONS
California State University Maritime Academy, in accordance with the Maritime Administration’s regulations governing Maritime Academies and The California State University Maritime Academy / California State University Transition Legislation is authorized to establish regulations and procedures to take discipline action against students in regards to such regulations. The actions and behaviors listed below are prohibited by the California State University Maritime Academy and the Corps of Cadets. These offenses reflect misconduct of a serious nature by a cadet indicating a failure on the part of a cadet to discharge his or her obligations to the Academy, those in a position of authority, the Training Ship, or fellow cadets. Offenses will be referred to a Hearing Board at the discretion of the President, Vice President of Student Affairs, Student Conduct Administrator, Student Conduct Facilitator, Student Conduct Officer, Cruise Commandant, or Captain of the Training Ship GOLDEN BEAR. Sanctions for conduct violations generally include warnings, demerits, extra-duty, community service, or other actions appropriate for the offense, such as writing assignments, etc.
Complicity Statement: A cadet who is present when an offense is being committed and who does not attempt to stop the offense from being committed or does not leave the scene, will be considered an accomplice and may be subject to the same punishment as the principle offender.
1). Reporting Procedures
Incident Reports are filed through the Maxient software system located on line on the Portal. Anyone can log into Maxient to file an Incident Report Form. The Maxient Incident Reports are forwarded to the Conduct Administrator who assigns the incident to a particular board, for adjudication. If a cadet is documented as violating an Academy or Corps rule or regulation, said cadet will be informed of the date, place and time of the appropriate board.
2). Extra Duty
Extra Duty by the definition is the assignment of work in addition to regular duties. Extra Duty may be assigned during the week or on the weekend, usually on a Saturday on the Cal Maritime campus but may also be assigned on anytime during summer cruise aboard TSGB.
The completion of Extra Duty when assigned is a mandatory. For graduating cadets, failure to complete all Extra Duty hours no later than the first weekend of April will result in a “Conduct Hold” status. A Conduct Hold will result in a cadet not being able to conduct any official business; including holding license, diploma, college transcript, etc. until the Extra Duty is successfully completed.
The following demerit totals and extra duty hours apply:
Demerit Totals in Semester Extra Duty Hours
Any conduct violation will include appropriate extra duty award as indicated above. When a cadet reaches a total of 10 demerits, they will then be scheduled for an Extra Duty Assignment. On reaching a total of 20 Demerits, the Extra Duty recipient has 30 working days to complete their Extra Duty assignment. Failing to complete Extra Duty will result in the cadet being charged with a Class I Violation for failing to follow orders. Additionally, a “Conduct Hold” will be placed on the student’s record until the Extra duty has been completed.
3). Proceedings for Disciplinary Boards
- CONDUCT REVIEW BOARD
The Conduct Review Board will hear all non-Title V Class I violations, Class II Violations and appeals of all class III Violations occurring on campus and the Training Ship.
- On campus, the Conduct Review Board shall consist of three cadets drawn from the Senior Corps Officers, Residence Hall Officers (or an at large if an RHO is not available), and an at large student from ASCMA. CRB’s conducted after changeover and on the training cruise may consist of Company CO’s, XO’s and Senior Corps Officers. A Cadet may choose to participate in a CRB that consists of fellow cadets or a cadet may choose to request a hearing with the conduct administrator or the Commandant. It is the cadet’s choice as to whether they attend a CRB or to attend an administrative hearing with the Conduct Administrator or Commandant. On cruise, CRB’s are mandatory for all Class II, III & IV violations. A cadet can choose an administrative hearing with the Commandant.
(A). In order to serve, the cadet must not have been on probation or suspension/dismissal within the last year.
(B). All cadets serving on the Conduct Review Board shall have gone through basic training with the Student Conduct Administrator.
(C). The Student Conduct Administrator will assign cadets to the board.
(D). Attendance at Conduct Review Board on campus is voluntary.
(E). Attendance at Conduct Review board on the Training Ship Golden Bear is mandatory.
(F). A Cadet may request a board member be removed for potential bias.
(G). The hearing board may proceed with only two members or may be rescheduled for hearing on the next available date.
(H). On campus, the Student Conduct Facilitator or Administrator shall be present at the Conduct Review Board to provide information concerning past conduct history and observe all proceedings for compliance to procedure only.
(I). On the Training Ship GOLDEN BEAR, the Cruise Commandant or a Company Commandant shall be present at the Conduct Review Board.
- HEARING PROCEDURES
- A Conduct Review Board is held weekly starting the 3rd week of the semester until the week before finals. There is no CRB Thanksgiving week or the Spring break week.
- The Student Conduct Administrator shall provide the Board with information regarding previous related offenses by the accused, but will not provide the board with a copy of the conduct record. This information will be provided only after responsibility has been established and may be used for the purposes of sanctioning only.
iii. Any cadet who is unable to attend the hearing and wishes to request a rescheduling shall contact the Student Conduct Facilitator no later than 24 hours prior to the hearing. The cadet must then attend the next hearing of the Conduct Review Board. The cadet who is unable to make the hearing can also take a standard sanction or ask the student conduct Administrator to plead their case for them.
- The Board may delay or reschedule a hearing should further investigation or witnesses be needed.
- The board members will vote on each case. Should the members split in a vote, the Chair shall also vote.
- Sanctions will be announced immediately, unless the Board is unable to reach a decision. Sanctions may include a warning, demerits, extra-duty, written assignments, community service, or any combination thereof. Conduct Review Board may award no more than 50 demerits per charge.
- RIGHTS OF THE ACCUSED
- The accused cadet has the right to request that the accuser be present at the hearing. In cases of sexual assault / harassment / discrimination, or other cases as deemed appropriate by the Conduct Administrator or Director of Human Resources, the accused does not have to be present.
(A). The accused cadet must notify the Student Conduct Administrator immediately if they want to request the presence of the accuser at the hearing. All effort will be made to make that happen.
(B). If the accuser cannot attend, the accused has the right to defer the hearing until the next time the board meets, but no longer than one more meeting. In this event, the hearing will take place without the accuser present.
- The accused has the right to bring in a witness to the alleged offense.
iii. Any case that is postponed must be heard at the next scheduled meeting of the board.
- Any decision or sanction made by the Conduct Review Board may be appealed to the Student Conduct Administrator.
- Any appeals must be submitted to the Student Conduct Facilitator within five working days of the hearing.
iii. A student who does not appeal the hearing outcome within five working days of the hearing, cannot appeal the outcome after. (Example: if a student does not appeal and then later in the semester/year the student is charged with excessive demerits, the initial charge cannot be appealed in a DRH because the five days appeal time has lapsed.)
- RESIDENCE HALL REVIEW HEARING
The Residence Hall Review Hearing will hear all Class V Residence License violations.
- The Residence Hall Hearing Officer is selected from Residence Life Pro Staff.
- Residence Hall Review Hearing Officers are required to go through Judicial Board Training before they can serve as hearing officers.
- The Student Conduct Administrator will assign the case to the appropriate Residence Life Staff.
III. CAPTAIN OF THE TRAINING SHIP GOLDEN BEAR
The Captain of the Training Ship GOLDEN BEAR is the Master of the Ship and has jurisdiction over all cadet conduct aboard the ship. His or her decisions are final concerning all appeals and Captains Masts. If a student received conduct violations that lead to excessive demerits a Captains Mast may be heard to determine if a student is fit to continue cruise. A DRH for excessive demerits will be held once the cadet returns to campus.
- ADMINISTRATIVE HEARING
A student may request an administrative hearing with the Conduct Administrator or the Commandant in lieu of a CRB or DRH. The cadet must make this request in writing and the Conduct Administrator must grant the request. If an Administrative Hearing is held, the decision is final.
- GROUNDS FOR APPEAL
- Grounds for appeal of the decision of a Cadet Mast or Conduct Review Board or the imposition of a disciplinary sanction by a said Board are limited exclusively to the following:
(A). The Hearing Board (or one or more of its members) was substantially biased toward the accused, making a fair hearing unlikely;
(B). There is significant new evidence supporting the accused that was not available for presentation at the time of the hearing (Note: Evidence that was available, but not presented at the hearing is not new evidence);
(C). The Hearing Board failed to follow prescribed procedures, making a fair hearing unlikely; or,
(D). The disciplinary sanction is unreasonable and/or inconsistent with past disciplinary actions of the Academy.
When the disciplinary sanction of a Hearing Board includes a suspension/dismissal and expulsion, the grounds for appeal of the decision may also include the consideration of extraordinary personal circumstances in mitigation or extenuation.
- 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.
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 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code.
- 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:
- Class I Violations
Class I offenses are generally hear by Discipline Review Hearing Officers and are listed in the California Administrative Code, Title V, Section 41301.
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage. Students involved in an Academic Integrity Case need to reference the Academic Integrity Policy found in Academic Senate Policy 547.
- Copying from or viewing another person’s work during an examination. (20 to 50 Demerits)
- Using any materials or resources not authorized by the instructor for use during an examination. (20 to 50 Demerits)
iii. Collaborating during an examination with any other person by giving or receiving information without specific permission of the instructor. (20 to 50 Demerits)
- Facilitating or aiding in any act of academic dishonesty. (20 to 50 Demerits)
- Collaborating on laboratory work, take-home examination, homework, or other assigned work when instructed to work independently. (20 to 50 Demerits)
- Submitting, without specific permission of the instructor, work that has been previously offered by the same student for credit in another course. (20 to 50 Demerits)
vii. Falsification of attendance and/or participation. (20 to 50 Demerits)
viii. Plagiarism. (20 to 50 Demerits)
- Buying, selling or otherwise obtaining or providing information about an examination not yet administered. (50 to 70 Demerits to suspension/dismissal)
- Substituting for another person or permitting any other person to substitute for oneself to take an examination. (50 - 70 Demerits to suspension/dismissal)
- Submitting as one’s own any theme, report, term paper, essay, computer program, speech, painting, drawing sculpture, or any written or creative work or project of any nature prepared totally or in large part by another. (50 - 70 Demerits)
xii. Submitting altered or falsified data. (50 - 70 Demerits)
xiii. Altering grades or official records. (Refer to Discipline Review Hearing for possible suspension/dismissal to expulsion.)
xiv. Falsifying or signing another person’s name on any academically- related university form or document. (Refer to Discipline Review Hearing for possible suspension/dismissal to expulsion)
- Sabotaging another student’s work. (Refer to DRH for possible suspension/dismissal to expulsion)
- Furnishing false information to a University official, faculty member, or campus office. (20-50 Demerits to suspension/dismissal)
- Forgery, alteration, or misuse of a University document, key, or identification instrument. (20-50 Demerits to suspension/dismissal)
- Misrepresenting one’s self to be an authorized agent of the University or one of its auxiliaries. (20-50 Demerits to suspension/dismissal)
- Unauthorized recording, dissemination, or publication of academic presentations (Including handwritten notes) for a commercial purpose. (10-50 Demerits to suspension/dismissal)
- Misuse of computer facilities or resources, including: (10-50 Demerits to suspension/dismissal)
- Unauthorized entry into a file, for any purpose.
- Unauthorized transfer of a file.
iii. 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 messages.
- Use of computing facilities and resources to interfere with normal University operations.
vii. Use of computing facilities and resources in violation of copyright laws.
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Use of Academy Facilities either without permission or in violation of Academy Policy (20-50 demerits to suspension/dismissal).
- Willful, material and substantial disruption or obstruction of a University related activity, or any on-campus activity. (30-50 Demerits to suspension/dismissal)
- 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 community. (20-50 Demerits to suspension/dismissal)
- 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. (30-50 Demerits to suspension/dismissal)
3 Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community. (20-50 Demerits to suspension/dismissal)
- 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, hate speech, or sexual misconduct. (20-50 Demerits to suspension/dismissal)
- 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 sanctioned events. 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. (20-50 Demerits to suspension/dismissal)
- 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 of products that resemble or smell like marijuana, including but not limited to beedies, types of herbal cigarettes, hookahs and types of incense is prohibited. (50 Demerits to suspension/dismissal).
- Violation of other university policies while under the influence of controlled substances is an additional violation. (50 Demerits to suspension/dismissal).
- Inability to exercise care for one’s own safety and/or the safety of others while
under the influence of controlled substances is a violation. (50 Demerits to suspension/dismissal)
- Organizing or participating in activities where illicit drugs are present or being consumed is prohibited. Participants
- is defined as being present at the event regardless of consumption. (50 Demerits to suspension/dismissal)
- Failure of a random or mandated or mandated drug test. Failure to show for a drug test is a failure of the drug test.
(Associated demerits and a minimum one year suspension)
- Any attempt to deceive a drug test (using a device, someone’s else ‘s urine, refusal to take a drug test) (Associated
demerits and a minimum two year suspension)
NOTE: Violation of this policy is subject to criminal charges and/or contract cancellation on first time offense. Identified items under this policy are subject to confiscation, disposal and/or destruction.
NOTE: The 1998 Higher Education Amendments added a new exception to FERPA and California Information Practices Act, allowing higher education institutions to disclose to the parents of a student under the age of 21 regarding a violation by their child of laws or University policy relating to alcohol or drug use or possession.
- Theft of property or services from the University community, or misappropriation of University resources. (20-50 Demerits to suspension/dismissal)
- Unauthorized destruction or damage to University property or other property in the University community. (20-50 Demerits to suspension/dismissal)
- Possession or misuse of firearms or guns, replicas, air guns, 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. (40-70 Demerits to suspension/dismissal)
- Failure to comply with directions, or interference with, any University official or any public safety officer while acting in the performance of his/her duties. (30-50 Demerits to suspension/dismissal) May be referred to DRH or Captain’s Mast
- Failure to carry out orders issued by a Corps officer, Residence Hall Officer or cadet acting in a supervisory capacity. (20 to 50 demerits to suspension/dismissal)
- Prank - Participation in pranks or practical jokes that may involve risks of injury to persons or damage to property. (20 to 50 demerits to suspension/dismissal)
- Food Service Violation of Food Service Regulations. (20 to 50 demerits)
- 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. (30-80 Demerits to suspension/dismissal)
- The use of social media to purposely demean, humiliate, bully, or disrespect any Cadet, Faculty, or Staff. (20-50 Demerits to suspension/dismissal)
Class II Violations
Class II offenses are generally heard by the Conduct Review Board. General demerit guidelines are listed after each infraction. Upper class cadets and repeat offenders may receive higher demerit awards. Generally higher standards of behavior are held aboard the annual training cruise. This may result in more severe sanctions.
- Violations of Cal Maritime Policy on Use of Alcoholic Beverages unrelated to watch or the Annual Training Cruises may be charged as a Violation of the Alcohol Policy while in a non-duty or work status. The Conduct Review Board may hear a first offense. All others, or warranted first time violations, may be heard by the DRH or Captain’s Mast. (20 to 50 Demerits to suspension/dismissal)
NOTE: The 1998 Higher Education Amendments added a new exception to FERPA and California Information Practices Act, allowing higher education institutions to disclose to the parents of a student under the age of 21 regarding a violation by their child of laws or University policy relating to alcohol or drug use or possession
- 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. Violations of the California Maritime Policy on the Use of Alcoholic Beverages may be charged as a violation of the Alcohol Policy while in a Non-duty or non-work status or a duty or work status.
- Violation of the Alcohol Policy while in a duty or work status (50 Demerits to suspension/dismissal)
- Violation of the Alcohol Policy while in a non-duty or non-work status.
- The Conduct Review Board may hear a first offense. All others or warranted offenses will be heard by the DRH or Captains Mast.
- First Offense – 30-50 Demerits & Completion of On-Line Alcohol Course
iii. Second Offense – 40-70 Demerits to Suspension & Counseling (Will be referred to DRH)
- Third Offense or More – 1 year suspension/dismissal & Counseling. (Will be referred to DRH)
- Violations of the Alcohol Policy include
- The sale, purchase, possession and transportation, storage and consumption of alcoholic beverages in residence halls are prohibited. (30–50 Demerits to suspension/dismissal).
- The possession of alcohol beverage containers including empty bottles or cans is prohibited. (30-50 Demerits)
iii. Possession, usage, sale, distribution, brewing or being in the presence of alcohol anywhere within or on grounds immediately adjacent to the on-campus housing facilities is prohibited. (30-50 Demerits to suspension/dismissal).
- Possessing or using a common source of alcohol (e.g. keg, party ball, trash can, etc.) or participating in an event where a common source is present is prohibited. (30-50 demerits to suspension/dismissal).
- Paraphernalia - Possessing, collecting, or otherwise displaying any containers, marketing materials, advertisements, or items bearing the name, logo or likeness to any alcoholic beverage is prohibited. (30-50 demerits).
- Violation of other university policies while under the influence of alcohol is a violation. (30-50 demerits to suspension/dismissal).
vii. Inability to exercise care for one’s own safety and/or the safety of others (Including drawing attention to oneself) due to intoxication is a violation. If a student is transported to the hospital they have lost the ability to exercise care for one’s own safety (50 demerits to suspension/dismissal).
viii. Organizing or participating in activities where alcohol is present or being consumed is prohibited. Participation is defined as being present at the event regardless of consumption. (30-50 demerits to suspension/dismissal).
- Students who call for help for a shipmate in need will not normally be documented for an alcohol violation as long as they are assisting with the care of a shipmate and are cooperative, forthcoming, and not impeding assistance in any way.
- Any student who does not call for assistance when a shipmate in need of medical assistance due to being impaired from alcohol or any other drug will be subject to 50 demerits to suspension/dismissal.
** WHEN IN DOUBT A STUDENT SHOULD ALWAYS CALL FOR HELP**
NOTE: Identified items under this policy are subject to confiscation, disposal and/or destruction.
NOTE: The 1998 Higher Education Amendments added a new exception to FERPA and California Information Practices Act, allowing higher education institutions to disclose to the parents of a student under the age of 21 regarding a violation by their child of laws or University policy relating to alcohol or drug use or possession.
- Watch & Duty:
Duty Status is defined as, “Anytime a cadet is assigned to a watch station position/role, attendance in class, appearance at quarters, attendance at a mandatory meeting, Extra Duty (including on call watch) , or anytime conducting business anywhere on campus or on the TSGB.”
- Absent from Watch:
More than thirty minutes late to a four-hour watch constitutes an absence from watch. More than sixty minutes late to a 24-hour watch, including on-call pager watch, constitutes an absence from watch. The following applies:
More than thirty minutes late to a watch constitutes an absence from watch. The following applies:
- Fourth class cadet, First Offense. (20 to 40 demerits) Subsequent offenses may be referred to DRH.
- Third class and second class cadets, First Offense. (30 to 50 demerits) Subsequent offenses may be referred to DRH or Captain’s Mast.
- First class cadet. (60 to 80 demerits to suspension/dismissal) An offense will be referred to DRH or Captain’s Mast.
- Failure to sign the On-Call Log (20-40 Demerits)
- Late to watch, up to thirty minutes. (20 demerits) Second and first class cadets may be referred to DRH or Captain’s Mast for watch violations.
- Unauthorized absence from the Academy or Training Ship while assigned to a 24-hour watch or when assigned to a Duty Section, but not actually on watch. (50 - 80 demerits to suspension/dismissal).
- Improper Watch-standing: Failure to perform watch duties, negligence, or sleeping on watch. (25 to 80 demerits to suspension/dismissal)
- Improper use of logbooks or other official documents of the ship or campus, forging such documents or signing a document as another person. (50 demerits to suspension/dismissal)
- Failure to appear for assigned duties other than Watch bill assigned duties (i.e., Extra Duty, Support for Campus Events, etc.). (20 to 40 demerits)
- Late to assigned duties or day work. (10 demerits)
- Late to extra duty 5 minutes or less (10 demerits); late to extra duty more than 5 minutes, but less than 30 minutes (20 demerits). Late 30 minutes or more, failure to appear for extra duty, or leaving extra duty without authorization (doubling of Extra Duty Hours or additional disciplinary sanctions)
- Conduct unbecoming a cadet in training, failure to conduct oneself as a responsible cadet, on or off the academy. (15 to 50 demerits) May be referred to DRH or Captain’s Mast.
- Inappropriate conduct while at quarters (excessive talking, vocal outbursts, non-compliance with quarters procedures or use of unauthorized personal electronic devices while participating in quarters. (10-30 Demerits)
- Violating sanctions or probation previously established by an Academy Hearing Board or Conduct Administrator. (20 to 50 demerits)
- Personal servitude, forcing others to perform unauthorized menial tasks or issuing unofficial punishments. (20 to 50 demerits)
- Excessive use of vulgar or profane language. (20 to 25 demerits)
- Disrespect towards an officer, faculty/staff member, administrator, or cadet involving a display of discourtesy, rudeness, or contempt of authority either in language or deportment. (20 to 50 demerits)
- Health and Safety
- Operating any motor vehicle, forklift, or waterfront equipment/vessel on Cal Maritime grounds in an unsafe manner. (e.g., exceeding the speed limit, running stop signs, etc.) (30 to 50 Demerits)
- Parking in a non-designated. (10-50 Demerits).
- Parking on Pier (40 Demerits)
- Misuse of Permit, allowing someone else to use your permit, duplication, etc. (40-80 Demerits, suspension to dismissal; refer to DRHl)
- Violation of safe practices and shipboard policies involving highly probable personal injury, loss, or damage to property. (30 to 50 Demerits)
- Improper use of safety gear, improper wearing of lifejackets or failure to use such equipment (Harnesses, hearing protection, eye protection, etc.) (10 to 50 Demerits)
- Riding of bicycles, hoverboards, skateboards, rollerblades, unicycle, or anything else with wheels across the quad area is strictly forbidden. (20-40 Demerits)
- Storage of hoverboards in or within 50 feet of any university building (including residence halls) is strictly forbidden.
- Improper disposal of refuse, cigarette butts, or food on Academy property. (10 to 20 Demerits)
- No Smoking / Tobacco (except as expressly permitted by University regulations).
- Violation of the Tobacco Free Policy while in a duty or work status (40 Demerits to suspension/dismissal)
- Violation of the Tobacco Free Policy while in a non-duty or non-work status.
- First Offense – 5 Demerits
- Second Offense – 10-20 Demerits
iii. Third Offense – 20–30 Demerits
- Fourth Offense – 30–40 Demerits
- Firth or more – DRH for possible suspension
- Violations of the No Tobacco Policy also includes
- Any student in the presence of someone smoking while on campus, or participating in a campus activity. (10 - 40 Demerits)
Class III Violations
Class III offenses are normally minor violations of regulations and conduct. A cadet who is documented for a class II violation will receive notice from the Student Administrator that they have been documented and will receive the number of demerits assigned to that violation listed in the student handbook. If the cadet feels that the documentation of a class II regulation is in error, the cadet will have five working days from the notice being sent to appeal the decision to a Conduct Review Board. Upon receiving the appeal, the Student Conduct administrator will send notice to the cadet of the date and time of the next Conduct Review Board.
- Uniforms and Grooming
- Failure to pass uniform and/or grooming inspection. (10 demerits)
- Failure to conform to grooming standards. (10 demerits)
- Failure to conform to Academy uniform standards. (10 demerits)
- Wearing the incorrect uniform or improper wearing of the uniform. (10 Demerits)
- Failure to correct noted discrepancies when wearing the uniform or failure to correct grooming violations. (20 Demerits)
- Failure to appear as directed for re-inspection of uniform or grooming violations. (20 demerits)
- Failure to be in compliance with authorized Spirit Day clothing guidance. (10 Demerits)
- Wearing of any pin, magnetic or clip-on device on a uniform, cover, coveralls, jacket, etc., which is not authorized by the Commandant of Cadets or included as part of the official uniform issue at orientation. (10 demerits)
- Wearing of civilian attire when not authorized (Mess Deck, on Campus/TSGB, on/off Campus sponsored events. (10 demerits)
- Wearing of any listening device such as head-phones/earphones/earbuds, etc. while in uniform or indoors in class or any campus sponsored event) First Year Experience, ELDP evet, etc.). (10 demerits)
- Formation and Meetings
- Unauthorized absence from Formation. (10 Demerits)
- Unauthorized absence from Formation w/Inspection (20 Demerits)
- Unauthorized absence from re-inspection after a failed inspection (10 Demerits)
- Unauthorized absence from mandatory meetings. (10 demerits)
- Late to Formation or mandatory meetings. (5 Demerits)
- Eating or drinking while at Formation. (10 Demerits)
III. Administrative Violations
- Failure to get the word, to include failure to read and comply with guidance provided via email, text, official Portal and / or written announcements, or failure to comply with watch bills, standing orders, Campus Bulleting, or other official campus notices (Commandant of Cadets or Corps Commander Memorandum) guidance (amplifying guidance to Student handbook), or publications. (10-30 Demerits)
- Failure to complete and/or hand in forms, muster sheets, watch bills, assignment reports or other required documents per established guidance. (10-30 demerits)
- Failure to properly complete divisional, company training assignments, or FYE assignments as directed or in prescribed timeframe. (10-30 Demerits)
- Failure to respond to official correspondence. (5-15 Demerits)
- Room cleanliness. All rooms will be maintained to standards set for individual rooming assignments (i.e. residence hall standards are different from ship standards). (10 Demerits)
- Not Carrying Chit – All students are required to carry an issued Chit at all times. (10 Demerits).
- The use of skate boards during normal work week and Academic class hours between 0700-2200 or in uniform at any time on campus is unauthorized. (10 Demerits)
Class IV Violations – Training Ship, Commercial Cruise & International Experience
Class IV violations constitute behavior and conduct that are prohibited aboard the Training Ship GOLDEN BEAR or participating in International Experience. Sanctions may be a warning, loss of liberty, demerits, extra-duty, community service, or removal from the Training Ship.
If charged with an infraction while participating in Training Cruise or International Experience, the Captain, Commandant, or Trip Lead will hold a board as outlined in this handbook and determine if the student is eligible to remain on the experience. If the sanction is serious enough to warrant a DRH for suspension/dismissal the Captain, Commandant, or Trip Lead will determine the student’s eligibility to finish the experience, but the DRH will not occur until the student returns from the experience. The hearing must take place, if possible, as outlined in the student handbook proceeding, before the student is eligible to return to campus.
All Class I, II and III Violations also apply while on cruise or international experience.
- Unauthorized Absence from Duty and/or Liberty
- Unauthorized Absence at expiration of Liberty: Cadet will take a mandatory Breathalyzer test upon return. (Captain’s Mast or Conduct Review Board: Loss of Liberty, 10 to 75 Demerits to suspension/dismissal)
- Unauthorized Absence from Duty: Cadet will take a Breathalyzer test upon return to TSGB. (Captain’s Mas or Conduct Review Board: Loss of Liberty, 10 – 75 Demerits to suspension/dismissal, loss of liberty)
- Health and Safety
- Failure to comply with emergency signals. (15 to 50 Demerits to suspension/dismissal)
- Failure to maintain room or berthing area to Academy standards or failure to comply with berthing area policy. (10 to 25 Demerits)
- Violations of the Training Ship’s trash disposal plan. (TSGB only) (10 to 50 Demerits)
- Violation of shipboard, commercial cruise or International Experience practices. (10 to 50 Demerits)
- Violation of the Training Ship’s or International Experience policy on visitation in rooms and berthing areas. (20 to 50 Demerits to suspension/dismissal)
- Failure to report to sick bay. (TSGB only) (30 Demerits to suspension/dismissal)
- Removing food, dishes, utensils, cups, etc. from the Mess Deck (TSGB only). (10 to 25 Demerits)
- Violation of 24-hour courtesy quiet hours or Quiet Hours. (10 to 25 Demerits)
- Failure to pass re-inspection of any assigned spaces, berthing, head, passageways, stair tower or common areas. (10-20 Demerits)
III. Uniforms and Classes
- Uniform or grooming violations ashore during the cruise or on International Experience. (10 to 50 Demerits)
- Unauthorized use of civilian clothing. (10 to 50 Demerits)
- Wearing of Tennis Shoes or Shorts before being authorized by the COTS. (TSGB only) (10 to 25 Demerits)
- Absent from class. (10 to 40 Demerits)
- Late to class. (5 to 20 Demerits)
- Formation Violations
- Leaning or sitting on railing (TSGB only) (5 to 20 Demerits)
- Bring food to or eating while at quarters (TSGB only) (5 to 20 Demerits)
- Failure to stand at attention or at ease in the proper manner. (TSGB only) (5 to 20 Demerits)
- Commercial Cruise
- Committing any offense that gets a cadet dismissed from commercial cruise. (30-50 Demerits to suspension/dismissal)
- Intentionally leaving a commercial cruise billet without permission. 20-50 Demerits)
Class V Residential Violations
Class V violations are violations that occur in the Residence Halls that are University Residence Hall License Agreement Violations. Violations are heard by a Residence Hall Review Hearing. Residence Life Review Hearing Officers are made up of Residence Life Coordinators.
- Appliances in Residence Hall Rooms
Items that are not allowed in students’ rooms include, but are not limited to, hoverboards, air conditioners, space heaters, hot plates, immersion heaters, George Foreman grills, hot pots and open-coil toasters. In general, any appliance that has an exposed heating surface or draws a large amount of energy is not permitted. Use of all other appliances; popcorn poppers, curling irons, coffee pots, etc. must be in a safe manner so as not to cause a health or fire hazard. (20-50 Demerits)
- Barbecue Grills
Barbecue, hibachi, or other types of cooking devices are not allowed in or around the residence halls. Students can only use barbeques provided and maintained by the campus; in accordance with rules policies and procedures. (30-50 Demerits to suspension/dismissal)
Bathrooms are designated male or female depending on the suite or section of the floor. The use of opposite sex bathrooms is prohibited. Students found using opposite-sex bathrooms will be documented (20-50 Demerits). Students who identify as gender-fluid, transgender, or other; please meet with the Director of Housing and Residential Life for an accommodation.
- Students may not use their rooms for commercial purposes.
Engaging in door-to-door distribution, advertising, sales, promotion, commercial transactions and/or solicitation of any nature within residence halls, rooms, ledges, buildings and/or on grounds immediately adjacent to the on-campus housing facilities without the express authorization of the AVP of student Affairs is prohibited. (20-50 Demerits)
- Room Alterations
- Students are not permitted to attach any object to their rooms or the halls by screw, nail or glue or alter the premises in any manner whatsoever without prior consent of the Office of Housing & Residential Life. Blue masking tape is permitted to hang posters. Exterior wires, signs or aerials are not allowed. Students who stack furniture do so at their own risk and students will be charged for damage and replacement of damaged furniture. (20-50 demerits to suspension/dismissal).
- Alterations, changes, modifications, remodeling and/or renovating, including but not limited to, painting of the unit, tampering with the electrical or mechanical fixtures in the unit or public areas or installing a door or area lock without consent of the Office of Housing & Residential Life is prohibited. All fixtures that are installed become part of the premises and are therefore property of the Office of Housing & Residential Life. (20-50 demerits to suspension/dismissal).
- Tampering with or removal of blinds, windows or window screens from any part of any building is prohibited. (20-50 demerits to suspension/dismissal).
- Licensees shall not install or place any equipment or construction of any type on the grounds or in the buildings. (20-50 demerits to suspension/dismissal).
- Exterior of Residence Halls
- Climbing, rappelling or any related activity is prohibited on residence halls. (20-50 demerits to suspension/dismissal).
- Absolutely neither persons nor property are allowed on the ledges outside student rooms. (20-50 demerits to suspension/dismissal).
- The use of the escape ladders in LRH is strictly prohibited. The intent of the ladders is for emergency use only. (20-50 demerits to suspension/dismissal).
- Using one’s ledge to store unsightly articles, miscellaneous items, garbage, or university owned/leased furniture is not permitted. (20-50 demerits to suspension/dismissal).
- Using one’s ledge as a means of entry/exit, sitting/perching on and/or jumping off is prohibited. Residents doing so assume damage charges to ledge area. (20-50 demerits to suspension/dismissal).
- Smoking, barbecuing or grilling on one’s ledge is prohibited. (20-50 demerits to suspension/dismissal).
- Unauthorized presence on rooftops, overhang, ledge, or areas marked for restricted access for any reason, including sunbathing, stargazing, or walking is prohibited. (20-50 demerits to suspension/dismissal).
VII. False Alarms, Bomb Threats, Misuse of Fire Equipment and Fire Alarms
- Persons who knowingly give or turn in a false alarm of fire by activating the fire alarm system or give any other common or recognized alarm of fire or bomb threat are guilty of endangering the lives of other people and may cause damage to the persons and/or equipment responding to such false alarms. (20-50 demerits to suspension/dismissal).
- Tampering with building smoke or fire detectors located in student rooms, in hallways, or other common areas, and misuse of fire extinguishers or any other fire safety equipment is prohibited. (20-50 demerits to suspension/dismissal).
- Failure to evacuate: any person who fails to immediately evacuate a building during an alarm is subject to disciplinary action. (20-50 to suspension/dismissal).
- The use of objects with open flames to include candles, oil lamps or the burning of incense is prohibited in residence halls. (20-50 demerits to suspension/dismissal).
- Persons who turn in bomb threats via phone, messenger or in writing or give any other common or recognized signal for bomb threat may be found guilty of endangering the lives of other people. (20-50 demerits to suspension/dismissal).
VIII. Fire Safety & Hazards
- Evacuation – All persons are required to evacuate the building immediately upon the sound of an alarm. Interfering with emergency services, procedures or failing to conform to established safety regulations and/or instruction given by emergency response staff is prohibited. (20-50 demerits to suspension/dismissal).
- Fire Reporting & Equipment – Falsely reporting a fire, tampering with or misuse of any fire or reporting equipment (e.g. fire alarms, smoke detectors, fire sprinkler, fire extinguishers, “EXIT” signs, etc.) is prohibited. (20-50 demerits to suspension/dismissal).
- Egress – Disabling, opening, damaging or propping exits used exclusively as fire exits is prohibited (unless being used properly as an exit during an emergency situation). All hallways, exits, stairwells, doorway or area that may be deemed an “egress” (i.e. window) need to be free from garbage, bicycles, clutter, furniture or other items that may or have a potential to limit entry/exit (including tripping hazard). All doors and windows must have the ability to be fully opened. (20-50 demerits to suspension/dismissal).
- Combustibles – Possessing or storing gasoline, fireworks, combustible chemicals and/or fuel-driven engines/appliances (e.g. motorcycles, mopeds, gas/propane grills, etc.) within residential housing apartments, rooms, ledges, buildings and/or on grounds immediately adjacent to the on-campus housing facilities is prohibited. (20-50 demerits to suspension/dismissal).
- Open Flames (Candles) -- Candles, incense and/or any type of open flame within residential, rooms, ledges, buildings and/or on grounds immediately adjacent to the on-campus housing is prohibited. Candles for any purpose (this includes but is not limited to decoration, religious rituals, etc.) are prohibited. If found, such items will be confiscated. (20-50 demerits to suspension/dismissal).
- Heat Sources -- Open-coiled electric or heating appliances, including but not limited to space heaters and sun lamps within residential housing apartments, rooms, ledges or buildings are prohibited. Curling irons, glue guns, irons or any other “heat source” equipment must be attended to at all times. Leaving such equipment “on” unattended is a violation of this policy. (20-50 demerits to suspension/dismissal).
- Lamps & Lights – Halogen lamps and neon lights are prohibited. Open top lamps, regardless of lamp/bulb type, must have a metal screen fully covering light/heat source. (20-50 demerits to suspension/dismissal).
- Plugs & Extension Cords – Extension cords, multi-plugs and plug-in air fresheners are not permitted under state fire marshal regulations. Power strips / surge protectors with UL rating are permitted. “Piggy-backing” power strip is not permitted. (20-50 demerits to suspension/dismissal).
- Cooking Equipment – Cooking in residential hall rooms or ledges is prohibited. Cooking and/or cooking equipment such as toasters, grills, etc. are permitted ONLY in student lounges in the New and Upper Residence Halls. Barbecuing on ledges is prohibited. Barbecues/hibachis are not allowed to be stored in or around student rooms. Residents interested in barbecuing should use the Robert Hammaker Memorial BBQ area located on the waterfront. (20-50 demerits to suspension/dismissal).
- Decorations – All decorations must be non-combustible (e.g. made from fire-proof material) and be UL list-approved for the intended use. Hanging flammable materials on ceilings or exterior doors such as posters, flags or nets is prohibited. Door decorations should not cover more than 20% of the surface and be limited to nametags and memo boards. Fresh cut trees (i.e. Christmas trees), wreaths, kissing balls, etc are prohibited. (20-50 demerits to suspension/dismissal).
Note: Violation of this policy is subject to criminal charges, fines and/or contract cancellation on first time offense. Identified items under this policy are subject to confiscation, disposal and/or destruction. (20-50 demerits to suspension/dismissal).
- Illegal gambling (i.e. activities played for money, checks, credit or other representative value) anywhere on State property is prohibited. (20-50 demerits to suspension/dismissal).
- Keys & Locks
- Keys are for use by residents only; lending a key to a non-resident is not allowed. Residents must carry their room key with them at all times. (20-50 demerits to suspension/dismissal).
- Each Licensee is issued a key and/or keycard to his/her unit and mailbox. All keys and key cards remain the property of the Office of Housing & Residential Life. Each Licensee is responsible for his/her keys. Should a key be lost/missing/stolen, Licensee is required to report lost/missing/stolen key to the Office of Housing & Residential Life within 24 hours of it being lost/missing. A non-refundable charge will be assessed for any replacement key(s) issued to the Licensee during occupancy and/or any key(s) lost or not returned upon Licensee’s checkout. Lock core changes are $80 or more depending on how many keys must be cored. (20-50 demerits to suspension/dismissal).
- Under no circumstances should a Licensee duplicate, sell, transfer or lend his/her key to another individual. Permitting others to use a room key for purpose of improperly gaining access to a residence hall, room or any other building or facility is prohibited. (20-50 demerits to suspension/dismissal).
- The installation of any door or area lock other than those provided by the university is prohibited. (20-50 demerits to suspension/dismissal).
- Bypassing or tampering with the locking mechanism for any door is prohibited.
- Lost Key: In the event a room key is lost, an $80.00 or more charge is levied to cover the cost of a lock change. (20-50 demerits to suspension/dismissal).
- Maritime North residents will receive a gate code for the drive in gate by move in day and is subject to change throughout the semester. Maritime North residents are not to give out the gate code to anyone not associated with Maritime North, including but not limited to: family members, significant others, food delivery drivers, etc. (20-50 demerits to suspension/dismissal).
- Pets of any kind, except fish in an aquarium up to a 10 gallon capacity, are not allowed to reside on campus with the exception of Emotional Support / Service Animals as approved through the Disability Services Office and the Office of Housing &Residential life. Professional Housing & Residential Life Staff (full-time live-in staff) may have approved animals. (20-50 demerits to suspension/dismissal).
XII. Throwing Objects/Projectiles
- Throwing any object or item from or to a building or down a hallway is prohibited. (20-50 demerits to suspension/dismissal).
- Throwing, dropping or projecting objects from a window, roof or balcony/ledge, including but not limited to bottles, cans, garbage or water is prohibited. (20-50 demerits to suspension/dismissal).
Cal Maritime students may have personal guests in their rooms within the following guidelines:
- Guests are defined as a resident or non-resident who is not assigned to that room. (20-50 demerits to suspension/dismissal).
- Prior to inviting an overnight guest, residents should discuss the situation with their roommate and obtain their approval. (20-50 demerits to suspension/dismissal).
- It is the responsibility of the student's guest to obtain a day use parking permit.
- No overnight guests are permitted during finals week. (20-50 demerits to suspension/dismissal).
- Residents are responsible for the conduct of guests and visitors. Residents are subject to disciplinary action for the misconduct of their guests and are liable for any damages caused by them. (20-50 demerits to suspension/dismissal).
- Persons who are guests of residents for more than two days (three day holiday weekends accepted) without permission granted by Housing & Residential Life are considered non-approved guests. The resident will be charged a fee for each night their guest stays in the community, and may be subject to disciplinary action. (20-50 demerits to suspension/dismissal).
- Guests may stay, with prior approval, no more than two nights in any two-week period. Exceptions may be requested from the Office of Housing & Residential Life. (20-50 demerits to suspension/dismissal).
- Guests may only use appropriately gender-designated restrooms. You are subject to documentation if your guest uses an incorrect restroom. If the guest needs access to the restroom, please contact Housing & Residential Life Staff during business hours or the RHO Duty Phone after hours and on the weekends.
- Residence Halls
Bicycle parking is limited to bike racks only. Parking a bicycle in any other area (i.e. building lobbies, stairwells, hallways, on handicap ramps, access ramps, etc.) is prohibited. Bicycles may not be stored in residence hall rooms due to the fire hazard. (20 Demerits)
All furniture and equipment in common areas must remain in its designated common area. Persons found removing furniture or equipment will be subject to disciplinary action and/or applicable costs for repair and replacement. (20 Demerits)
- Adhesives of any kind are NOT permitted on the interior or exterior residence hall doors, to include stickers, double-sided or foam tape, etc. The only permitted adhesives are those on the door decorations created by Residence Life paraprofessional staff hung with blue painter's tape.. (20 Demerits)
- Entering and Exiting Residence Halls (20 Demerits)
- At no time is a residence hall to be entered or exited except through a legal doorway.
- At no time shall an individual compromise the security of others by attempting to force open or prop open an exterior residence hall door once it has been locked. Students may be documented for propping open exterior doors and threatening the safety and security of the building and their shipmates..
- Residence halls must not be entered at any time when Cal Maritime is not in session or when a residence is closed unless entry is authorized by the Office of Housing & Residential Life.
- Identification Card (Port Pass) (20 Demerits)
- In the residence halls, students are required to have ready access to their ID and to identify themselves upon request by an Academy official.
- Residents and their guests are required to carry and provide appropriate photo identification (e.g. driver’s license, school ID) upon request by a university staff member performing his/her duty. Failure to present ID; presenting fabricated, falsified, or misrepresentative ID; permitting others to use IDs for the purpose of improperly gaining access to residence hall, rooms, use of equipment or any other service or facility is prohibited.
- Quiet Hours & Courtesy Quiet Hours – (20 Demerits)
- Twenty-four hour quiet hours will be in effect at all times in the 24 hour quiet living areas.
- All students must abide by quiet hours. Quiet Hours are from 2200 - 0800 Sunday through Thursday and 2400 – 0800 on Friday and Saturday in all residence halls; sound from a room should not be audible outside of the unit door, above, below or in adjacent rooms.
- 24 hour quiet hours are in effect during finals week. 24 quiet hours will begin at 0800 on the last day of classes and last until the close of the semester.
- All students must abide by Courtesy Hours. Courtesy Hours are in effect 24 hours per day. They refer to one’s ability to occupy one’s unit for the purpose of studying, sleeping or engaging in activities in an atmosphere where peace and quiet takes precedence over other activities. Engaging in unreasonably loud activities, which are defined as:
- A level of noise which may be deemed an undue disturbance by another member of the community, or
- Creating noise, including but not limited to, voice, musical instruments (guitar, amps, drums, etc.), and stereos – which is audible outside of one’s room during quiet hours, either inside or outside the residence halls-- are prohibited.
Note: Interpretation of the Quiet Hours and Courtesy Quiet Hours policy shall be made by the staff using this criterion: Students should be able to sleep and study in their rooms undisturbed by the noise of others. Consistent with this concept, Courtesy Quiet Hours are in effect at all times. When Quiet Hours are in effect, noise originating in student rooms shall not penetrate beyond the confines of a room. When noise originates outside of a student room (hallways, lounges, lobbies, etc.), the noise shall not penetrate into student rooms, study areas or other common areas. When Courtesy Quiet Hours are in effect, noise – whether originating inside or outside of a student room - shall not be heard more than two doors away. At no time shall noise from a student room be heard outside of the building.
- Sports Related Activities
- Riding bicycles, skateboards, hover boards, roller blades, scooters, skates, etc. within any housing facility, including hallways and lobbies is not permitted.
- Playing any physical games in a common area (lounge, lobby, and hallway) is prohibited. This includes, but is not limited to, the use of Frisbees, balls, water guns, darts, bicycles, skateboards, roller blades or inappropriate use of a laser pointer.
- 1. Violation of the No Tobacco Policy while in a non-duty or non-work status.
- First Offense – 5 Demerits
- Second Offense – 10-20 Demerits
iii. Third Offense – 20–30 Demerits
- Fourth Offense – 30–40 Demerits
- Fifth or more – DRH for possible suspension
- Violations of the No Tobacco Policy also includes
- Any student in the presence of someone smoking while on campus, or participating in a campus activity. (10 - 40 Demerits)