Roles
Berkeley Study Abroad Representative
- Responsible for being the first point of contact in receiving and responding to student concerns, and meeting with student(s). A Berkeley Study Abroad Representative can be the Faculty Director, or Program Partner staff, and in some cases, the Program Manager.
- Responsible for carrying out any investigation deemed necessary to determine whether alleged violations of UC Berkeley, Berkeley Study Abroad, or Program Partner regulations or policies occurred.
- Responsible for reporting to Title IX.
- Responsible for coordinating and communicating findings from the investigation with the Program Manager and coordinating a response.
Program Managers or Proxy for OOO
- Responsible for engaging with students in escalated cases and initiating disciplinary actions for Berkeley Study Abroad students. Possible actions include:
- Further discussions with BSA relevant members of Operations team (eg, Risk Management) or program partner staff
- Provide support to program partners/faculty to coordinate next steps
- Follow up conversations with student(s)
- Consultation with or reporting to Student Conduct
- Provide support to program partners/faculty and/or submit reporting to Title IX
- Submitting a CARE report
SSALLEX Risk & Compliance Representative
- Involved when disciplinary actions have a health and safety component.
- Manage CLERY reporting.
- Provide guidance around Title IX reporting.
Assistant Director of Advising and Student Support or Proxy for OOO
- Responsible for issuing written warnings and notices of dismissal for violations of standards of conduct
Assistant Dean, Berkeley Study Abroad and Dean, SSALLEX
- Adjudicator of any appeals and coordinates with legal counsel as necessary.
Filing a Complaint
Any member of the faculty or staff, or a student or any other person may file a complaint with the Berkeley Study Abroad representative. Complaints may be submitted in person, over the phone, or via email.
Investigation of Misconduct
Notice of Charges
When a formal investigation is deemed by the Berkeley Study Abroad representative to be appropriate for fact finding, a Berkeley Study Abroad representative will provide brief written notice via email to a student (whether or not disciplinary action is taken) that their alleged behavior may have violated UC, Berkeley Study Abroad, or Program Partner policy and such behavior is subject to the disciplinary process, with a deadline by which the student may decide to respond.
Response to Charges
All written responses from the student will be retained by the Assistant Director of Advising and Student Support.
Collecting Evidence
All evidence tracked in the case file may be introduced in a subsequent disciplinary action. The investigation may consist of written accounts, interviews with the reporting party, witnesses, and the person alleged to have violated a regulation or standard of conduct. If the person alleged to have violated a regulation or standard of conduct is interviewed, they are reminded of the nature of the alleged misconduct, the regulations or policy allegedly violated, and the procedures to be followed. The nature of the evidence-gathering will depend on the allegations and the relevant circumstances.
Recommendation
The Berkeley Study Abroad representative can provide a recommendation on dismissal of charges or disciplinary action to the Assistant Director of Advising and Student Support. The standard of proof for recommending disciplinary action is a preponderance of the evidence.
Title IX Incidents
Upon receiving a report of a Title IX incident, the Berkeley Study Abroad representative will report to the relevant campus Title IX Office; when needed inform the student of the laws and procedures for dealing with Title IX incidents in the host country, as these may vary from those in the U.S.; and refer the student to campus Path to CARE resources and Berkeley Study Abroad resources. The Berkeley Study Abroad representative is not permitted to investigate Title IX cases.
Involuntary Leave
In rare circumstances where Berkeley Study Abroad determines that there is a strong risk that the student’s continued presence on the program will cause immediate and serious harm to the Berkeley Study Abroad or host university community or impede the investigation of wrongdoing, the student may be placed on involuntary leave from the Berkeley Study Abroad program while the investigation is conducted.
Sanctions
When a student is found in violation of law or the policies of UC Berkeley, Berkeley Study Abroad, or the program partner, any of the following sanctions or combination thereof may be imposed:
Warning
A “warning” is a notice issued to a student when the student does not adhere to a procedure or directive from a Berkeley Study Abroad or Program Partner Representative.
Probation
“Probation” is a status applied, and a notification sent, to a student when the student exhibits concerning behavior that is in violation of the student agreement. Probation includes specific conditions, imposed for a specified time, during which a student must demonstrate adherence to the conditions and/or conduct that conforms to UC Berkeley, Berkeley Study Abroad and Program Partner standards of conduct. Depending on the student’s misconduct, and at the discretion of the Berkeley Study Abroad or Program Partner representative or Assistant Director of Advising and Student Support, the following are examples of probation conditions: formal apology; written apology; written analysis of misconduct, regular attendance of all classes or internship hours, adhering to housing policies, with reference to local social norms; community service; professional counseling; payment of fines/restitution of property; etc.
Dismissal
A “dismissal” is a permanent termination of a student’s participation in their current program, the individual’s loss of status as a Berkeley Study Abroad student, and loss of eligibility to participate on Berkeley Study Abroad in the future. A dismissal from Berkeley Study Abroad is initiated when a student’s actions, in the judgment of Berkeley Study Abroad representatives, jeopardize a student’s welfare or the program. Misconduct during the probationary period or violation of any conditions of the probation may also result in dismissal.
Determination
The Assistant Director of Advising and Student Support determines the appropriate conduct sanction up to probation. Cases for dismissal are determined by the Assistant Dean. The Berkeley Study Abroad Representative, Assistant Director of Advising and Student Support, or the Assistant Dean will send the Berkeley Study Abroad disciplinary determination notice to the student. At the end of the appeal timeline, a Berkeley Study Abroad representative will send a final Berkeley Study Abroad disciplinary notice to the Program Partner contact.
Dismissal of Charges, Warning or Reprimand
If the Assistant Director of Advising and Student Support resolves the case with dismissal of the charges, or a warning, then no further action should be taken.
Probation
If the Assistant Director of Advising and Student Support determines that probation is the appropriate sanction, they will send a probation letter to the student. The Assistant Director of Advising and Student Support will ensure that the probationary conditions are met. If probation conditions are met and there are no further conduct issues, the student’s case is considered closed at the end of their Program.
Dismissal
If a decision is made to dismiss the student from Berkeley Study Abroad, the Assistant Dean will issue a dismissal letter to the student. The written notice includes the nature of the misconduct, the Berkeley Study Abroad policies and regulations allegedly violated, and the appeal process available to the student. The letter may include information on disposition of coursework, if appropriate. The letter will inform the student that they are no longer eligible to participate in a future Program with Berkeley Study Abroad.
Appeal Process
Time for Appeal
If a student decides to exercise their right to appeal a Berkeley Study Abroad dismissal decision, they must do so in writing. The appeal must be initiated within twenty-four (24) hours, in local time, excluding weekends, starting from the time the notification was sent to the student to informed in writing of the action to be taken, or the student’s right to appeal is waived.
Format of Appeal
An appeal must be in the form of a letter to the Dean/Assistant Dean, the adjudicator of all dismissal appeals to studyabroad@berkeley.edu. This letter may include any relevant documents and testimonials the student wishes to enter into the record.
Appeal Decision
The Dean/Assistant Dean will either concur with or overturn the dismissal decision, ordinarily, within a period of forty-eight (48) hours after receiving the appeal. In cases where the dismissal decision is overturned, but disciplinary action is recommended, the case is referred to the Assistant Director of Advising and Student Support.
Decision Notification
The Dean/Assistant Dean will inform the student in writing of the decision. This decision will also be communicated to the Berkeley Study Abroad Representative, Program Partners, Assistant Director of Advising and Student Support, and Program Manager. The Program Manager will be responsible to inform any other appropriate campus offices or officials.
Postponement of Sanctions During Appeal
If an appeal is submitted, any disciplinary sanctions ordinarily will not be imposed until the appeal process is completed, unless there is extreme concern about the safety of program participants. Interim measures, such as no contact orders and academic accommodations, will remain in effect during the appeal process. Provided the safety of the student or program participants is not impacted, students on interim sanctions must continue to abide by all Berkeley Study Abroad and partner policies and requirements of participation.
Access to Housing & Program
Access to housing and the Program may be restricted during the appeal. Exclusion of housing and the Program occurs when there is reasonable cause for Berkeley Study Abroad to believe that the student’s presence will lead to physical abuse, threats of violence, conduct that threatens the health or safety of any person associated with Berkeley Study Abroad, or other disruptive activity incompatible with the orderly operation of the Program.
Consequences of Dismissal
Termination
If the decision is to dismiss the student from Berkeley Study Abroad, the student’s participation in the Program will be terminated and the student will no longer be eligible to participate in a future Program with Berkeley Study Abroad.
Academic Credit
A student who is dismissed from Berkeley Study Abroad for violation of Berkeley Study Abroad policy does not receive credit for coursework in progress. In cases of dismissal for violation of the Academic Conduct policy, the case will be referred to the Berkeley Center for Student Conduct to determine academic consequences.
Payment Obligations
Termination of a student’s participation in Berkeley Study Abroad does not diminish or otherwise affect the student’s obligation to make all payments to Berkeley Study Abroad. The student is not entitled to a refund of fees, may be required to reimburse UC for financial aid received, and is responsible for all unrecoverable costs incurred by the Program Partner or Berkeley Study Abroad, as well as personal financial obligations, including, but not limited to, utility bills and rent. A student’s registration at the UC campus may be blocked until all such financial obligations have been met.
Travel Insurance
A student’s travel insurance coverage through Berkeley Study Abroad includes up to 14 deviation days either before, during or after the program, including students who are dismissed from a program. Students should contact the insurer directly for exact details regarding their situation.
Housing Accommodations & Visa/Resident Status
Termination of a student’s participation in Berkeley Study Abroad due to dismissal may result in the loss of student housing accommodations and visa or residence permit status.