CalArts Student Code of Conduct

CalArts Student Code of Conduct 22-23

Community Rights and Responsibilities Mission Statement
Philosophy of the Office of Community Rights and Responsibility
Goals of the Office of Community Rights and Responsibility
Values of the Office of Community Rights and Responsibilities
Non-Discrimination Policy
Statement of Rights
General Guidelines
Exceptional Procedures
1. Interim Suspension
Prohibited Conduct
Administrative Student Conduct Process
Sanctions and Educational Outcomes of Violating CalArts Student Code of Conduct

Community Rights and Responsibilities

Community Rights and Responsibilities Mission Statement

California Institute of the Arts (hereinafter "CalArts" or the “Institute") provides its Students with an academic environment conducive to the pursuit of knowledge. This academic environment is based upon accountability, integrity, respect and trust among all members of the CalArts Community.

Operating within the context of the Institute’s mission, The Office of Community Rights and Responsibilities (OCRR) seeks to maintain the Institute’s academic environment by educating and upholding community standards. The OCRR supports the educational mission of the CalArts by administering the CalArts Student Code of Conduct (Code of Conduct) in a manner that educates Students, holds them accountable for Code of Conduct violations and helps them grow into more responsible and community-minded persons.

Philosophy of the Office of Community Rights and Responsibility

All members of the CalArts community are expected to observe commonly accepted standards of conduct. Violations of these standards can result in the imposition of student conduct action. Generally, student conduct action will be imposed only when alleged misconduct occurs on CalArts premises or at CalArts functions. However, a student whose misconduct has a direct and/or distinct adverse impact on the CalArts community, its members, and/or its educational objectives, will be subject to student conduct action regardless of where or when the conduct occurred.

The Code of Conduct program at CalArts is meant to be educational and corrective, not disciplinary and punitive. The Code of Conduct program strives to resolve allegations of misconduct in a fair, timely, and socially-just manner that balances the needs of the individual student and the CalArts community at large. Any CalArts community member (e.g., student, faculty and staff) may file a complaint against a student whom they believe is not upholding commonly accepted standards of conduct.

Goals of the Office of Community Rights and Responsibility

Educate students, faculty and staff on community conduct and behavioral standards.
Provide fair and impartial review for students charged with violating Institute policies.
Assign purposeful sanctions that support personal growth and development.
Promote a campus climate of civility and accountability.
Promote a safe and inclusive atmosphere conducive to student success.

Values of the Office of Community Rights and Responsibilities

As the OCRR, we strive to embody the following:

Fairness - We strive to facilitate an equitable and transparent process free from bias and prejudice.
Education - We strive to educate our students about code of conduct and expectations while providing them the knowledge and skills to enhance their decision making.
Accountability - We value taking responsibility for one's decisions and the impact of those decisions on our community.
Restorative Practices - We strive to facilitate repairing harm suffered as a result of student conduct-related incidents. We value reintegrating students back into our community after participating in our process.
Growth and Development - We value helping students grow and learn from their decisions to develop into more responsible and community minded individuals.
Collaboration - We value our collaboration with campus colleagues to best serve our students.
Community - CalArts students create an environment where they can build and enhance their community.
Social Justice - CalArts student are just and equitable in their treatment of all members of the community and act to discourage and/or intervene to prevent unjust and inequitable behaviors.
Respect - CalArts students show positive regard for each other, for property and for the community.
Responsibility - CalArts students are given and accept a high level of responsibility to self, to others and to the community.

Non-Discrimination Policy

CalArts is committed to the principle of equal opportunity. CalArts does not discriminate against individuals on the basis of race, color, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related thereto), gender, gender identity, gender expression, sexual orientation, religion and religious creed (including religious dress and grooming practices), disability (mental or physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, age, military and veteran status, ancestry, ethnic or national origin (including language use restrictions), or other characteristics or classifications protected by the law in the administration of its educational, employment, or admissions policies; scholarships and loan programs; and other Institute administered programs and activities, but may favor U.S. citizens or residents in admission and financial aid, Conduct addressed under the CalArts Title IX Policy and the CalArts Sexual Misconduct Policy.

Statement of Rights

All student members of the CalArts community have certain rights. These include:

The right to learn, which includes the right of access to ideas, the right of access to facts and opinions, the right to express ideas, and the right to discuss those ideas with others.
The right of peaceful coexistence, which includes the right to be free from violence, force, threats, and abuse, and the right to move about freely.
The right to be free of any action that unduly interferes with a student's rights and/or learning environment.
The right to express opinion, which includes the right to state agreement or disagreement with the opinions of others and the right to an appropriate forum for the expression of opinion.
The right of privacy.

Students alleged of violation of campus policies are entitled to the following procedural protections:

The right to have access to a process through which to resolve alleged allegations.
Be informed of any allegations of misconduct against them.
Have an opportunity to respond to the allegations.
Have an opportunity to hear and respond to evidence upon which an allegation is based.
Present evidence against the charges.
Have an opportunity to present relevant witnesses.
Have an advocate or support person present.
A fair procedure, which is appropriate to the circumstances.
Be informed of the outcome of a conduct proceeding.
Opportunity to appeal the outcome of the conduct hearing.
Be considered not responsible for the allegations until found responsible based on what is more likely than not to have occurred (by a preponderance of the evidence).
Be assured of confidentiality according to the terms of FERPA.

Every student has a duty to understand and abide by the rules and regulations of the Student Code of Conduct and all CalArts Policies. Ignorance of a rule or regulation will not be an acceptable reason to find a student not responsible.

General Guidelines

The Code of Conduct clarifies the standards of behavior essential to the Institute’s educational mission and its community life. The Code of Conduct is applicable to all CalArts students - undergraduate, graduate and continuing education/Extension. Students are also responsible, and will be held accountable, for the conduct of their guests.

A. Interpretations of the Code of Conduct

The Code of Conduct regulations are set forth in writing in order to give students general notice of prohibited conduct. The Code of Conduct and its regulations are intended to be read broadly and are not designed to define misconduct in exhaustive terms. Attempts to commit acts prohibited by the Code of Conduct shall be handled and remedied in the same manner and to the same extent as completed violations.

B. Jurisdiction of the Institute

The Institute shall have jurisdiction over student behavior that occurs on CalArts premises, at Institute-sponsored events, or other off-campus locations if it interferes with educational programs or activities or adversely affects the Institute community and/or the pursuit of its objectives as determined by CalArts officials. If an incident that occurs off campus is determined to fall under the jurisdiction of the Institute, it will be handled according to the policies and procedures of the Code of Conduct.

Students are responsible for their own conduct from the time of application for admission through the actual awarding of the degree, even though conduct may occur on or off-campus, before classes begin or after classes end, as well as during the academic year and during breaks between terms of actual enrollment (even if the conduct is not discovered until after a degree is awarded). The Institute has continuing jurisdiction over students charged with violating the Code of Conduct who withdraw from the Institute while conduct proceedings are still active or pending with regard to that student.

C. Inherent Authority

The Institute reserves the right to take necessary and appropriate action to protect the safety and well-being of the Institute, including its reputation and good will, and the Institute Community. The Institute reserves the right to take necessary and appropriate action as a result of student incidents off campus that may adversely affect the well -being, reputation or goodwill of the Institute, Institute Community, Institute Community Members and/or the pursuit of the Institute's mission, goals or objectives.

D. Student Participation

Students are asked to assume positions of responsibility in connection with the enforcement of the Code of Conduct so that they might contribute their skills and insights toward the resolution of Code of Conduct matters. However, final authority in Code of Conduct matters is vested in CalArts administration and primarily with the head of Student Experience.

E. Focus of the Proceedings

The primary focus of the inquiry in Code of Conduct proceedings shall be to determine if the subject student is responsible for the alleged violation of the Code of Conduct and, if the student is found to be responsible for a violation, to provide the appropriate remedy. Proceedings shall be prompt, fair and impartial.

In keeping with the mission of the OCRR and purpose of the Code of Conduct, student conduct proceedings do not, and are not intended to, emulate the criminal justice system, its processes and/or procedures. Code of Conduct proceedings are intended to be educational and less formal, less adversarial and less complex than criminal justice processes and procedures. Formal rules of evidence shall not be applicable nor shall deviations from prescribed procedures necessarily invalidate a Code of Conduct decision or proceeding.

F. Violations of Law and the Student Community Standards

It is the student’s right to report an incident to appropriate law enforcement agencies and/or the Institute . The Institute reserves the right to contact law enforcement agencies for any violation(s) of local, state, or federal law(s). Specific violations of the law in which local authorities may be involved include, but are not limited to, those that are related to drugs, alcohol, assault and battery, sexual assault, trespassing, weapons/explosives and hazardous materials. Except for mandatory reporting required by law, no identifying information will be provided to law enforcement if the victim wishes to remain anonymous.

If a student is charged with an off-campus violation of federal, state or local laws, conduct charges and proceedings may still be instituted and sanctions imposed for misconduct that involves members of the Institute community or demonstrates flagrant disregard for the safety of the CalArts community. Code of Conduct proceedings may be instituted against a student charged with violation of a law in connection with conduct that is also a violation of the Code of Conduct, such as when both violations may result from the same factual situation, without regard to the pending status of civil litigation in court or criminal arrest and prosecution.

Proceedings under the Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Students subject to potential or actual criminal charges relating to conduct alleged in pending Code of Conduct proceedings may assert their Fifth Amendment privilege against self-incrimination during Code of Conduct proceedings. While no inference of responsibility for Code of Conduct violations will be drawn because of the assertion of the Fifth Amendment privilege, the Conduct Officer(s) will nonetheless evaluate all the other information and evidence in making their determination.

Determinations under the Code of Conduct shall not be subject to change because criminal or civil charges arising out of the same facts were dismissed, reduced, or resolved in favor or against the Respondent.

G. Standard of Proof

The standard of proof to find a violation of Institute policy is a preponderance of the evidence standard .Preponderance of the evidence means that a decision of responsibility for a policy violation will be made on whether it is more likely than not that the respondent violated the policy based on the totality of information gathered during the investigation.

H. Statute of Limitations

Unless the law requires a longer period of limitation, as with incidents violating the CalArts CalArts Title IX Policy or CalArts Sexual Misconduct Policy, a Code complaint against the Respondent must be filed within one calendar year of the conduct alleged to be a violation.

I. Communication

The OCRR will, at its discretion, communicate to all Students via any one or more of the following methods: official CalArts email account, U.S. Mail, parcel delivery (e.g. UPS, FedEx), and/or personal hand delivery. Students should normally expect the OCRR's primary medium of communication will be through their official CalArts e-mail account. Students are held responsible and accountable for retrieving communications from their official CalArts e-mail account on a daily basis. Failure to do so is not an acceptable excuse for delaying the conduct process.

J. Registered Student Clubs

Registered Student Clubs may be charged with the violation of any section of the Code of Conduct or violation of any published Institute policies and procedures. A Registered Student Club and its officers may be held collectively and/or individually responsible when those associated with the Registered Student Clubs violate the Code of Conduct, particularly when those involved have received the tacit or overt consent or encouragement of the clubs, its leaders, officers. The officer(s), leader(s) for a Registered Student Clubs may be directed by the Head of Student Experience, or a designee, to take appropriate action designed to prevent or end violations of the Code of Conduct by the Registered Student Clubs. Sanctions for organizational misconduct may include revocation or denial of registration as well as other appropriate sanctions.

K. Reservation of Rights

The Institute expressly reserves the right to revise, supplement or withdraw any Code of Conduct section, Institute policy or portion of a policy periodically as it deems necessary.

Upon the declaration of a campus emergency, all student policies and procedures remain in effect. However, the Head of Student Experience, or a designee, may temporarily suspend and/or revise existing policies, procedures or processes for the health and safety of the campus community and to assist and support the Institute’s efforts during the emergency and subsequent recovery.

L. Knowledge and Awareness of Policies and Code

Students are expected to know and understand Institute policies. Lack of knowledge is not an acceptable justification or defense for committing violations of Institute policies or the Code of Conduct. Lack of intent or awareness of such policies or the Code of Conduct will not be accepted as an excuse or defense for violations, and will generally subject the Respondent to the same consequences as deliberate violations.

Exceptional Procedures

Interim Suspension

In certain circumstances, the Head of Student Experience may impose an Institute or Residence Life suspension prior to a formal hearing process has begun or concluded.

Interim suspension may be imposed when any of the following conditions exist:
1. When the safety and well-being of the Institute community or Institute property is threatened or at risk.
2. If the student poses a definite threat of disruption of or interference with the normal operations of the Institute.
During the interim suspension, students may be denied access to residence halls and/or to the campus (including classes) and/or all other CalArts activities or privileges for which the student might otherwise be eligible
The Institute may refuse to release official transcripts until the matter is resolved through a conduct hearing.
A Notice of Interim Suspension will be sent and immediately followed by the initiation of an investigative process.
A student who is suspended for an interim period will be provided an opportunity to respond to the imposition of an interim suspension at a meeting with the Head of Student Experience, or designee no later than 5 business days following the effective date of the Interim Suspension.
The Interim Suspension may remain in effect or be reduced to a restriction until a final decision has been made on the pending allegations or until the Head of Student Experience, or designee determines that the reasons for imposing the interim action no longer exist.
Interim Suspension does not replace the hearing process, which shall proceed on the ordinary schedules as described in the Code of Conduct for reports and processes for incidents not related to Sexual Misconduct and or Title IX Sexual Harassment.

Prohibited Conduct

All members of the CalArts community are expected to observe commonly accepted standards of conduct. This Code of Conduct fosters the Institute's commitment to excellence, equity and inclusion, affirming the shared values that make community life possible. The Code of Conduct is designed to support a safe, honest, and inclusive community with a shared commitment to acting in a manner of mutual respect among all CalArts community members and violations of the Code of Conduct, can result in the imposition of sanctions and/or educational outcomes.

The nature and history of the relationship between the parties involved in alleged violations of this Code of Conduct shall in no way diminish the seriousness of incidents. Generally, sanctions and/or educational outcomes will be imposed only when violations of standard conduct occur on CalArts premises or at CalArts functions. However, a student whose misconduct has a direct and/or distinct adverse impact on the CalArts community, its members, and/or its educational objectives will be subject to the conduct process regardless of where or when the conduct occurred.

Questions regarding alleged violations of the Code of Conduct should be directed to the OCRR to receive further information on reporting and procedures.

Violations of the Code of Conduct

The following violations are specifically prohibited: Discipline may be imposed for the following violations, which include but are not limited to the following:

I. Academic Integrity

Violations of the CalArts Academic Integrity Policy. All forms of academic misconduct (including but not limited to cheating, fabrication, and plagiarism) and facilitating such misconduct. Academic Misconduct is addressed through the Office of the Provost and/or each CalArts School respectively.
Primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any behavior that has the effect of disrupting a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions or dismissal from class for violations of the Code will be preceded through the student conduct process.

II. Respect for Persons

The Institute expects all students to adhere to the highest level of civility and respect regarding the integrity and rights of others in all aspects of their interpersonal relationships. Violations of any of the standards of conduct in this section are considered serious breaches of those expectations and will be treated as such. An offense against the rights of other individuals is committed when a person:

Treating persons with respect means acting in a manner that supports the safety, and well-bing of others. The following violations are specifically prohibited:

A. Offenses Against Persons

Physical Harm or Threat of Physical Harm including but not limited to:
- Physical abuse, verbal abuse, threats, intimidation, hazing, sexual contact without permission, stalking, coercion, and any other conduct which threatens, harasses or endangers the health or safety of a student, faculty member, conduct officer, staff member or guest of CalArts.
- Sexual Harassment, Sexual Violence, Relationship Violence, Stalking and Related Misconduct violating the Harassment, whether physical, digital, oral, written or video will be addressed through the Sexual Misconduct Policy or the Title IX Policy.
- Conduct, whether physical, electronic, oral, written or video, which threatens the mental health, physical health or safety of anyone.
- Inflicting bodily harm upon any person.
- Using force against any person.
Verbal threat, threat of harm, verbal harassment, or intimidates any person, and/or uses words which reasonably tend to incite an immediate, violent reaction and are specifically directed toward another individual
- Conduct, whether electronic, oral, written or video, which threatens the mental health and well being of anyone;
- Using or threatening to use force against any person
- Harassment
Discrimination and Harassment (including but not limited to sexual harassment) No student shall violate the rights of or deny the privileges of the CalArts community to another person for reasons of race, sex, sexual orientation, gender identity or expression, religion, age, color, creed, national or ethnic origin, disability, marital status, familial status, pregnancy, genetic predisposition, criminal convictions, domestic violence victim status, and veteran or military status, or other rights and privileges as may be protected under federal, state and/or local law. Alleged violations on the basis of these protections will be addressed through the Sexual Misconduct Policy or the Title IX Policy
Child Abuse
- Neglecting or inflicting any form of physical, emotional, or psychological harm or harassment upon any minor identified as a permanent or temporary dependent, co-dependent, or as under the responsibility of the accused.
- Conduct in violation of the CalArts Minor’s Policy
Bullying, intimidation, and harassment
- Making any communication to another person in any manner likely to cause alarm and/or harm. Including through electronic or social media platforms.
- Subjecting another person or animal or threatening to subject another person or animal to striking, kicking, shoving, or offensive touching.
- Engaging in any other course of alarming conduct or repeatedly committing acts with the purpose of seriously alarming and/or harming another person.
  1. A person’s behavior should be sufficiently severe, pervasive, or persistent as to substantially disrupt or interfere with the orderly operation of the institution or the rights of a student to participate in or benefit from the educational program.
Stalking
No student shall engage in stalking.
- The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage.
- Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means (cyberstalking), with such person(s) in a manner likely to harass, intimidate, annoy, or create nuisance, fear or alarm.
Defamation:
- Creating a false statement about a CalArts community member and communicating that false statement to a third party, which then exposes that community member to hatred, contempt, ridicule, loss of goodwill, or loss of reputation as a result of the false statement.
- Undisclosed Recording:
  Recording, live streaming, or transmitting images, audio, or video of private, non-public conversations and/or meetings on CalArts premises without the knowledge and consent of all participants. This may include recording instructors without consent. Students must consult with instructors for guidance on their recording policies.
Inducing, coercing, or assisting another to do any act that violates CalArts standards of conduct.
Hazing
Engaging in any act that or activity that impacts the mental, emotional, or physical health or safety of a student for the purpose of initiation into, admission into, affiliation with, or continued membership in any organization or recognized group at CalArts.

B. Retaliation

No student shall retaliate against another member of the community for bringing forth a complaint or serving as a witness.

III. Respect for Privacy

Respect for others also means a respect for their privacy. Any unauthorized access to other’s files, electronic mail, voicemail or other communications is not permitted. Likewise, unauthorized access into restricted system files is not permitted.

A. Breach of Privacy

Making, attempting to make, live streaming, transmitting, or attempting to transmit audio, video, or images of any person(s) on CalArts premises in bathrooms, showers, bedrooms, common areas of suites or apartments, medical examination rooms, training rooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings.
1. Conduct may be addressed through Sexual Misconduct Policy or the Title IX Policy
Threatening to reveal or releasing personal information or media about a person electronically or through other means of communication.
No student shall post or distribute disparaging or compromising images of another, altered or otherwise or post denigrating text on, but not limited to, the following modes: internet websites or newspapers, without the express consent/authorization of the other individual.
Viewing any person(s) on CalArts premises in bathrooms, showers, bedrooms, common areas of suites or apartments, medical examination rooms, training rooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants.
1. Conduct may be addressed through the Sexual Misconduct Policy or the Title IX Policy.

IV. Alcohol and Drugs Violations

The Institute recognizes all Federal, State and Local laws, and expects students to adhere to them. The Institute recognizes that illegal alcohol and drug use is a major public health problem that has the potential to be harmful to the individual, the community and interferes with the goals and objectives of an academic institution. Members of the CalArts community who decide to engage in illegal or excessive alcohol and drug use are responsible for their conduct under these circumstances. Specifically, the Institute puts students on notice that its campus offers no haven from the violation of applicable Local, State or Federal laws.

The following conduct is prohibited:

Violation of the CalArts Alcohol and Drugs Policy.
Use or possession of alcohol, narcotics, or other drugs:
- Possessing or consuming alcohol under the legal drinking age in California
- Possessing alcohol in areas of campus where alcohol is not permitted.
- Unlawfully possessing or using drugs, narcotics, controlled substances, or paraphernalia.
- Misusing or misappropriating any prescription, over-the-counter medication, or legal substance.
- Possessing or using medical marijuana on any CalArts property.
- Impaired driving: Driving under the influence of alcohol and/ or drugs is prohibited.
Uses or possesses narcotics, hallucinogens, concentrated cannabis, synthetic drugs, or any other controlled substances except as a medical prescription that is taken as prescribed.
Distribution of alcohol, narcotics, or other drugs:
- Selling, transferring, giving away, or exchanging something in return for narcotics, prescription medications, or other illegal substances.
- Providing or facilitating the consumption of alcohol by any person without taking reasonable and prudent precautions to insure that the person is of legal drinking age.
- Sharing medical marijuana with individuals who do not have a medical marijuana prescription.

Safety, Welfare, Health of the Institute Community

A. Weapons Violations:

Violation of the CalArts Weapons Policy (Please refer to the policy for specific information regarding what would constitute a violation of this policy).
The possession, manufacture or use of or threat to use firearms, dangerous instruments, ammunition or weapons, including but not limited to real or facsimile or toy weapons, functioning or non-functioning weapons, loaded or unloaded weapons, and gas or spring loaded guns, pellet or bb guns, on CalArts premises or at CalArts functions.
Utilizing any instrument in a manner that endangers or tends to endanger any person and/or animal.
No student shall use with intent to injure, or threaten another with any instrument, device, or object capable of inflicting physical harm or death.

B. Explosives, Fireworks and Incendiary Devices

The possession, manufacture or use of or threat to use explosive, incendiary materials, dangerous or noxious chemicals, or other dangerous materials, articles, substances or instruments, on CalArts premises or at CalArts functions.
Using, possessing, or storing dangerous chemical(s), fireworks, or explosives on CalArts property (even if they are legal to possess because of a license) or illegally possessing dangerous chemicals, fireworks or explosives on campus property.

C. Fire Life Safety

Intentionally or recklessly starting a fire
Starts, attempts to start, or tends a fire without appropriate Institute and local agencies authorization (e.g. arson, bonfires, campfires, etc.)
Creates a fire hazard, endangers safety of persons or property, improperly uses electrical appliances, or improperly uses or possesses flammable or hazardous items or substances. (e.g. burning incense, candles, or any other open flame device; extension cords; hanging non-LED lights).
Abuses, misuses, removes, or damages fire or safety equipment (e.g. covered smoke detectors, fire extinguishers, etc.)
Knowingly initiates or circulates a false report of any explosion, fire, incident, or other emergency, or interferes with the response of Institute or other officials to such emergency calls.
Misusing fire safety equipment or elevators.
Fails to vacate buildings when any fire emergency warning system is activated.
Intentionally or recklessly obstructing fire, police, or emergency services.

D. Dangerous conditions:

No student shall create a condition that endangers or threatens the safety or well-being of themselves or others. This includes but is not limited to the misuse of devices such as box cutters, laser pointers, paint ball guns, and compromising fire and security systems.
All wheeled modes of transportation or motor vehicles, with the exception of handicapped service equipment, are prohibited within the confines of any Institute facility.

VI. Respect and Use of Information Technology Resources

Access to the information technology environment at CalArts is a privilege and must be treated as such by all users. Students are expected to follow and adhere to allCalArts Information Technology Policies and those outlined below.

It is a violation of this policy to:

Intentionally and without authorization, access, modify, damage, destroy, copy, disclose, print, take possession of, or disrupt in any way all or part of any computer, computer system, network, software, data file, program, database, or any other CalArts IT resource. This includes:
- Abuse or misuse of CalArts computer equipment, system, services, program, data or communications networks.
- Gaining access by willfully exceeding the limits of authorization
- Attempting (even if unsuccessful) to gain unauthorized access through fraudulent means.
Gaining access by using another person’s name, password, access codes, or personal identification.
Attempting (even if unsuccessful) to gain unauthorized access by circumventing system security, uncovering security loopholes, or guessing passwords/access codes.
Attempting to disrupt any resource from being available to other users.
Give or publish a password, identifying code, personal identification number or other confidential information about a computer, computer system, network or email account, database, or any other CalArts IT resource.

VI. Theft or Damage to Property or Art:

Theft or the attempted theft of CalArts property or services or the property of others on CalArts premises or at CalArts functions, or knowingly possessing stolen property.
Intentionally or recklessly mutilating, defacing, damaging or destroying CalArts property or the property of others (including works of art) on CalArts premises or at CalArts functions.
Taking or attempting to take Institute property without the consent of the owner or person legally responsible for that property.
Theft or Damage to Property or Art:
- Theft or the attempted theft of CalArts property or services or the property of others on CalArts premises or at CalArts functions, or knowingly possessing stolen property.
- Intentionally or recklessly mutilating, defacing, damaging or destroying CalArts property or the property of others (including works of art) on CalArts premises or at CalArts functions.
- Taking or attempting to take Institute property without the consent of the owner or person legally responsible for that property.
- Knowingly possessing CalArts property that was stolen.
- Intentionally or recklessly damaging CalArts property.
Abuse or misuse of CalArts computer equipment, system, services, program, data or communications networks.
Unauthorized entry to, possession of, receipt of, duplication of, or use of, any CalArts property (including CalArts name, logo or symbols), equipment, resources, or services.
Removes, uses, possesses, misappropriates, steals, or sells the property of the Institute or another person without prior consent or authorization.
Damages, defaces, destroys, or tampers with property owned by CalArts or in the possession of another person.
Obtains the property of another person or the Institute by misrepresentation or fraudulent means.
Knowingly possessing CalArts property that was stolen.
Intentionally or recklessly damaging CalArts property.

V. Disruption:

Intentionally or recklessly interfering with normal CalArts, CalArts-sponsored, or CalArts Co-Sponsored activities, including but not limited to classes, instructional sessions, performances, exhibitions, and meetings.
Disrupting or obstructing an academic class or lecture, an administrative or support function, or official CalArts business.
- Engaging in classroom conduct prohibited by the faculty member or in violation of the law or CalArts policy.
  - It should be noted that this policy is not intended to punish students for classroom dissent or hinder organized, peaceful and orderly protests that are undertaken within reasonable time, manner, and place restrictions placed upon the same by CalArts. Disruption Policy
Engages in any behavior against a person which significantly interrupts or prevents that person from carrying out duties and responsibilities associated with their role as faculty, staff, or student at CalArts.
Interference:
- No student shall interfere with the right of any person to go where they have a right to go or remain where they have a right to remain on Institute property.
- No student shall intentionally prevent any person from doing anything they have a right to do or require any person to do anything they have a right to refrain from doing, including but not limited to studio, labs and performance spaces
Engaging in behavior that violates a CalArts Interest

VI. Security of Buildings, Facilities, Campus, and Motor Vehicle/Parking Policies

Unauthorized entry into, use of, or misuse of CalArts property, including computers and data and voice communication networks.
Entry, attempt to enter, or remaining without authority or permission in any CalArts office, residence hall room, studio, classroom, facility or event.
Unauthorized use or misuse of physical keys or key cards issued for studios, residence halls or practices spaces.
Enters or uses facilities or property of another person or the Institute without consent or official written authorization (e.g. roof access, exiting and entering through non-designated areas, studio, performance spaces, etc.)
Obstructing the free flow of pedestrian or vehicular traffic on or adjacent to CalArts premises or at a CalArts event on or off-Campus.
Duplicates, possesses, lends, or uses keys or access codes to CalArts facilities or services without permission (e.g., lending/borrowing room keys or electronic access).
Erects a tent, lean to, or other temporary structure on CalArts property without specific written authorization from VP of Operations.

IV. Integrity of Transactions, Campus Process and Records

Forging, unauthorized alteration, or unauthorized use of any CalArts documents or records, or any instrument or form of identification, or access credentials. This includes, but is not limited to; unauthorized use of CalArts Identification Card, Falsification of Time Sheets (Hub Time)
Including but not limited to intentionally fabricating information or knowingly furnishing false information to CalArts.
Intentionally furnishing false information to persons outside the Institute concerning the student’s academic record, degree, or activities.
Possessing or selling false identification including CalArts IDs or State IDs

V. An offense against the standards relative to personal identification and representation occurs when a person:

Presents themselves as another person with or without that person’s permission, or provides false information about themselves or any other person.
Tampers with, falsifies, or destroys any electronic or non-electronic record of the CalArts without consent.
Represents the Institute, any registered student club, or any official CalArts group, without official and explicit prior consent.
Uses or possesses fraudulent identification.

VI. Failure to Comply

Willfully failing to comply with the directions of CalArts officials, including Campus Safety Officers, On-Call Staff Members or Residence Life staff members, acting in accordance of their duties, or failing to identify oneself to these persons when requested to do so.
An act or omission that constitutes a violation of federal, state, or local laws.
Reasonable Request: Any failure to comply with the reasonable request of a CalArts staff or law enforcement officer, or other emergency service professional in the performance of their duties.
SRR Process: Any failure to comply with the Student Rights & Responsibilities process, including, but not limited to, failure to complete Outcomes.
Identification: All CalArts students are required to carry ID at all times. Any failure to provide CalArts Identification Card (ID) or any form of legal identification upon the request of CalArts Officials.
Postings: Any failure to abide by signs, placards, or other official postings.
Guests & Visitors:
- Students are responsible for the behavior of their guests and visitors to CalArts. Students are expected to inform their guests and visitors of any and all CalArts policies and applicable laws.

IV. Abuse of the Code of Conduct:

Knowingly providing false testimony or evidence during the conduct process.
Disrupting or interfering with the conduct process.
Failing to complete imposed sanctions.
Refusing to provide information at a conduct proceeding, students are expected to fully cooperate with and participate in the CalArts conduct system when notified. A student may choose to withhold information or testimony if the student feels information presented will lead to self-incrimination.
Harassing a CalArts Conduct Officer, Campus Appeals Committee member, Campus Advocate or witness before or after a conduct proceeding.

V. Disorderly Conduct:

Engaging in conduct that is disruptive, lewd, or indecent, regardless of intent, which breaches the peace of the community.

VI. Violations of CalArts Policies:

Violation of other established CalArts policies, regulations or rules, including but not limited to Residence Hall policies

Administrative Student Conduct Process

Complaint or Reports

Any member of the CalArts community (student, staff or faculty) may make a complaint and/or referral or offer information concerning such complaint and/or referral to the appropriate office or person (i.e. OCRR, Student Experience, Residence Life, Institute Diversity Officer, Title IX Coordinator, Title IX Deputies, Campus Safety). Persons making such referrals are required to provide information pertinent to the case and may be asked to appear before a Conduct Officer.

All alleged violation(s) of the Code, made against a student or students, shall be directed to OCRR. In an appropriate case, the Institute may act as a Complainant on behalf of others in enforcing the terms of this Code. Suspected violations of the Code, including those discovered during the hearing, investigation and/or adjudication of Student Code of Conduct Administrative proceedings, shall be submitted to OCRR. Complaints will be investigated and adjudicated following the procedures set out in the Code.

Procedural Protections

The following procedural protections are provided to respondent(s) in conduct hearings:

Written notice of the specific allegations at least three (3) calendar days prior to the scheduled meeting with additional time at the Director or designee’s discretion unless by a student’s own determination they have chosen to schedule the conference prior to the three (3) days have passed;
Reasonable access to the case file prior to and during the conference;
An opportunity to respond to the evidence; and
A right to be accompanied by a support person, that is not a witness or involved in the matter

Misconduct

All cases of academic misconduct shall be referred to the Associate Provost or designee, who in consultation with the appropriate School Dean, shall determine what disciplinary sanctions, if any, shall be imposed. The sanctions of suspension and dismissal shall not be imposed unless the Provost concurs.

All cases of nonacademic misconduct shall be referred to the Director of Community Rights and Responsibilities or designee. Violations of Residence Life Policies, shall be referred to the Director of Campus Life or designee, and will follow the Conduct process outlined in this policy.

Student Conduct Hearing

The Director of OCRR or designee, shall review reports to determine whether or not there is sufficient evidence to charge a student with a violation of the Code of Conduct and whether to hold a student conduct hearing (conduct hearing or hearing), which is administrative in nature.

Allegations of misconduct may be adjudicated under other Institute policies including the Title IX Sexual Harassment, Student Sexual Misconduct Policies and Prohibited Discrimination and Harassment Policies as applicable.

Response to Student Notification

A student who has had a complaint reported against them will be contacted by the OCRR or designee to discuss the complaint. Designees, subsequently referred to as conduct officers, may include, but are not limited to staff members in the OCRR and Office of Residential Life. The responding student will be sent a written, verbal, or electronic notice of a hearing in which their presence is required. An incident that involves more than one student may be resolved through a single hearing at the discretion of the hearing officer. A student who does not respond to a request to schedule a hearing or fails to appear for such a scheduled meeting, will be deemed to have admitted the alleged misconduct and accepted responsibility for the charges asserted against them. Failure to check one’s CalArts email account is not sufficient justification for not attending a scheduled hearing;

Conduct Hearing

A conduct hearing is a meeting that generally consists of a meeting or meetings with a conduct officer(s) to adjudicate an alleged violation of prohibited conduct. Students have a right to be informed of the allegations and hear evidence in support of the charges, present witnesses, have a support person and present other evidence on their behalf. The Conduct Officer shall again specify the facts underlying the alleged misconduct and provide the Student the opportunity to review the information gathered by the Institute, including time, date and place where the behavior is alleged to have occurred, that makes up the basis for the allegation(s). Students shall have the opportunity to present evidence relevant to the alleged misconduct and to respond to the information gathered by the Institute in support of the allegation(s), including the right to offer counter or explanatory information. Students may utilize the assistance of a support person during the hearing;

During the hearing, the Conduct Officer shall explain the Institute’s conduct system and Student rights and make available the Student Code of Conduct.

The Conduct Officer shall also explain:

the private nature of the conduct process
- (Students’ statements remain private except in the event of multiple involved parties and/or witnesses, in which case newly presented information may be mutually shared); and
- that the hearing may become a part of the file relating to the case;
Reasonable access to the evidence supporting the allegations will be made available to the Students (Complainants and Respondents) prior to the hearing; and
Students or the Conduct Officer may submit new and/or additional evidence and call appropriate witnesses to the incident of fact.
If a further hearing or witness meeting is necessary, a supplemental proceeding will be scheduled;
Students shall have the opportunity to respond to any new or additional evidence that is presented for the first time at the supplemental proceeding

Advocate

Students may have an Advocate during the conduct hearing. Students who wish to have an Advocate present, must inform the Conduct Officer(s) in writing or via e-mail at least two days prior to the scheduled date of the conduct hearing. The Advocate’s role is to assist Students in understanding the conduct process and to be a support person during hearings. Advocates may not address the Conduct Officer or play any other role during the hearings. All communication involving Advocates must be between the Advocate and Student. An Advocate may not appear in lieu of the Student;

Students may submit names of witnesses that can speak to the facts of the allegation(s) and are called upon to furnish relevant knowledge or information relating to an incident who is not a Complainant or Respondent. Expert witnesses are not allowed and character witnesses are not encouraged. The Conduct Officer must be notified in writing at least two days prior to the scheduled date of the hearing that the Student plans to provide witnesses. These witnesses must have relevant knowledge and information pertaining to the case;

What to Expect During a Conduct Hearing

The order of the conduct hearing is typically as follows:

Persons present in the Conduct Hearing
- Respondent or Complainant (not at the same time)
- Conduct Officer(s)
- Advocate (at student’s discretion)
During the Conduct Hearing the following typically will occur:
- Restatement of complaint/ allegations;
- Student will have the opportunity to respond to the complaint/allegations
- Conduct Officer(s) will ask questions pertaining to the complaint/allegations
- Complainant/Respondent have opportunity to provide relevant witnesses.

Upon Completion of the investigation/Conduct Hearing the Conduct Officer(s) will:

Meet with any additional witnesses
Review all evidence and hearing statements
Make determination based on Preponderance of the Evidence standard to make a determination of responsibility.
If the student is found responsible for the allegations, sanctions will be assigned as appropriate based on violation.
Respondent(s) will receive Notice of Outcome letter via their CalArts email.
In some instances, the Notice of Outcome letter will be sent to home address via US Mail or UPS.

Sanctions and Educational Outcomes of Violating CalArts Student Code of Conduct

When a student is found responsible to have departed from commonly accepted standards of conduct, the following educational outcomes (sanctions) may be imposed: restitution fines, deferred finding of responsibility, conduct warning, conduct probation, behavioral expectations (including a campus no-contact order), parental and guardian notification, loss of privileges and exclusion from activities, residence hall suspension, residence hall dismissal, suspension, or dismissal from the Institute, withholding of registration or degree, or other rehabilitative measures. Any educational outcome (sanction) that is imposed should be appropriate to the violation, taking into consideration the context and seriousness of the violation and the past conduct record of the student. Sanctions may include:

Academic Dismissal: Termination of student status for an indefinite period. Readmission to CalArts shall require the specific approval of the student’s School Dean and the Provost. Readmission after dismissal may be granted only under exceptional circumstances

Behavioral Expectations Letter: In instances of repeated or serious offenses, behavioral expectations may be clearly identified and provided in writing to responsible students. Future codes of conduct and/or Institute policy violations may result in separation from the CalArts.

Conduct Suspension: Conduct suspension is a recognition of the temporary termination of the person’s status as a student. He/She/Ze loses all privileges of a regularly-enrolled student and is required to leave the campus. No refunds apply in such cases. Conduct files are maintained permanently in the Office of CRR. Any suspended student who returns to the campus during the suspension period is subject to dismissal unless she/he/ze has made prior arrangements with the Director of (OCRR), or designee. Violation of the conditions of conduct suspension, or of CalArts policies during the period of suspension, may be cause for further student conduct action, typically in the form of conduct dismissal.

Conduct Probation: Conduct probation is a recognition of a very serious lack of good campus citizenship and conduct or a serious or repeated violation of an Institute regulation. This probationary status is imposed for a specific period of time in which a student must demonstrate conduct that conforms to CalArts standards of conduct. Conditions restricting the student’s privileges or eligibility for activities may be imposed. Conduct probation is a warning that a person’s status as a student at CalArts is in jeopardy and that any further violation may result in suspension or dismissal from the Institute.

Conduct Dismissal: Conduct dismissal is the termination of a student’s status at the Institute and is reserved for the most egregious acts of student misconduct. He/She/Ze loses all privileges of a regularly-enrolled student and is required to leave the campus. No refunds apply in such cases. Conduct files are maintained permanently in the OCRR office. Any dismissed student who returns to the campus without prior approval from the Director of OCRR (or designee) may face further action, including a no trespass order.

Conduct Warning: Written notice to the student that a violation of a CalArts standard of conduct has occurred and that continued or repeated violations of CalArts standards of conduct may be cause for further sanctions or disciplinary actions normally in the form of disciplinary probation, loss of privileges and exclusion from activities, suspension, or dismissal.

Deferred Finding of Responsibility: A deferred finding of responsibility allows for the dismissal of specific policy violation charges, pending good conduct during a specified period of time. This rarely used educational outcome may be recommended by the adjudicating body and is assigned at the discretion of the Director of OCRR (or designee). A deferred finding allows for the withdrawal of formal charges for good cause after a specified period of time (to last no longer than the student’s graduation date from the Institute).

Factors to be considered in providing a deferred finding of responsibility include:

the present demeanor of the student;
the conduct of the student subsequent to the violation;
the nature of the violation and severity of any damage, injury, or harm resulting from it; and/or
the student has not received any other deferred finding of responsibility as an outcome from a previous student conduct matter while enrolled at CalArts.

If a student complies with the conditions and requirements attributed to a deferred finding, the conduct charges will be dismissed at the end of the deferral period and there will be no conduct record of this case. Failure to comply with the conditions and requirements of the deferred finding may result in a finding of responsibility and, as a result, become part of the student’s conduct record. In this instance, additional educational outcomes may apply

Interim Suspension Pending Further Action: At times, a student may endanger other members of the community, or community property, Institute programs, or him/her/zirself. Certain Conduct Officers (i.e., President, Provost, Vice President/Chief Operating Officer, Director of OCRR and Head of Student Experience), or those acting on their behalf, have the right to immediately place a student on an interim suspension pending student conduct action (including appeal of findings and outcomes), criminal proceedings, or medical evaluation relevant to such proceedings.

An interim suspension is imposed for one of the following suctions:

to ensure the safety and well-being of members of the CalArts community or preservation of Institute property;
to ensure the student’s own physical or emotional safety and well-being; and/or
If the student poses a substantial and/or immediate threat to others or to the stability and continuance of normal functions and operations of the Institute.

If, in the judgment of any of these Institute officials, interim suspension is necessary, the Vice President/Chief Operating Officer, Director of OCRR, Head of Student Experience (or designee) will inform the student in writing according to the CalArts student conduct procedures. The interim suspension will be effective immediately without prior notice.

The Head of Student Experience (or designee) will then schedule a conduct hearing within a reasonable period of time after the interim suspension is imposed to determine whether the Interim suspension will remain in effect through the conduct process. If the Head of Student Experience made the determination to impose the interim suspension, the Vice President/Chief Operating Officer, Director of OCRR will hear the interim suspension hearing.

A student who is suspended on an interim basis will be given a prompt opportunity to meet with (telephonically, video conferencing, or in person) the Conduct Officer (or designee) who imposed the interim suspension in order to discuss only the following issue:

the reliability of the information concerning the student’s conduct;
whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on CalArts premises poses a substantial and/or immediate threat to others (including physical or emotional safety and well-being of community members, including the respondent), or to the stability and continuance of normal CalArts functions and operations.

During the interim suspension period, the student may be denied access to the campus (including classes and/or residence halls) and all other Institute premises, activities, or privileges for which the student might otherwise be eligible, as deemed appropriate by the Vice President/Chief Operating Officer, Director of OCRR or Head of Student Experience (or designee).

Loss of Privileges and Exclusion from Activities: Exclusion from participation in designated privileges and/or activities for a specified period of time. Failure to adhere to the limitations imposed on privileges in activities or violation of CalArts policies during the period of the sanction may be cause for further disciplinary action, normally in the form of suspension or dismissal.

Parental and Guardian Notification: A fundamental goal of CalArts is to support students’ independence and maturity, in part by expecting them to assume responsibility for their own educational, artistic, and personal matters. However, under laws and policies that govern the privacy rights of students, CalArts has the authority and reserves the right to contact parents or guardians of dependent students about a variety of serious matters and the parents or guardians of all students in emergencies regarding serious injury or life or death situations.

The cases in which CalArts would, in extraordinary circumstances, notify parents or guardians cannot in the nature of things be completely enumerated or described, but it is, for example, the belief of CalArts that a serious injury to a student, or a violent crime committed upon a student, is a sufficiently grave occurrence as to constitute an extraordinary circumstance. Parental or guardian notification may also occur under the following circumstances: hospitalization; hospital visits for alcohol poisoning or drug overdose; behavior that will likely result in residence hall suspension or dismissal; conduct suspension or dismissal; acts of violence or significant abuse toward others or a student’s own self; arrest; drug or alcohol use that results in police action; or serious mental health concerns.

Residence Hall Dismissal: Permanent separation of the student from the residence halls or Institute-subsidized apartments. Students who are dismissed from residence halls or apartments will not receive any refund for their room or board payments.

Residence Hall Suspension: Separation of the student from the residence halls or Institute-subsidized apartments for a stated period of time, after which the student is eligible to return. Students who are placed on residence hall suspension will not receive any refund for their room or board payments.

Restitution: Reimbursement for damage to or misappropriation of CalArts property or the property of others may be imposed either exclusively or in combination with other disciplinary action. Such reimbursement may take the form of monetary payment or appropriate service to repair or otherwise compensate for damages.

Appeals Process

A Conduct decision may be appealed by the Respondent to the Head of Student Experience. The student must submit, in writing or via email, a notice of appeal. The notice of appeal should provide a brief statement of the basis for the appeal and must be submitted within five (5) calendar days of the date on which the disciplinary sanction is imposed. Students can appeal a conduct decision on the following grounds:

The sanction is substantially disproportionate to the offense;
The procedures provided for in the Code of Conduct were not materially followed resulting in significant prejudice to the Appellant;
New relevant evidence is available, which in the exercise of reasonable diligence could not have been produced at the time of the hearing;
The decision is not supported by substantial evidence

Upon receipt of a notice of appeal, the Head of Student Experience, or designee, will convene the Appeals Committee, as soon as is practical. Persons eligible to serve on the Appeals Committee shall be current members of the faculty and staff. No person shall participate as a member of the Appeals Committee who has been involved in the events upon which the disciplinary sanction has been imposed or who is biased. The members of the Appeals Committee shall respect the confidentiality of the proceedings.

Within five (5) calendar days of the date from which the Appeals Committee convenes, or as soon thereafter as practical, the Appeals Committee shall meet to determine if the request for appeal meets the grounds outlined for an appeal.

If the Appeals Committee makes the decision to hear the appeal, they will meet to consider the merits of the appeal. At their discretion, the Appeals Committee shall review, and interview other persons and shall consider additional written materials and other items pertinent to the appeal.

At the completion of its review, the Appeals Committee shall prepare a written advisory report outlining the appeals decision and rationale. A determination by the Appeals Committee is based on the Preponderance of Evidence standard. The Appeals Committee outcome can yield the following:

Reduced sanctions based on review of evidence
Uphold sanctions based on review of evidence
Increase sanctions based on review of evidence
The conduct decision can be reversed if the Appeals Committee determines the evidence does not support the outcome.

The Appeals Committee, shall transmit their decision in writing to the Head of Student Experience and the Director of OCRR.

The Head of Student Experience shall send the student the Notice of Appeal Outcome in writing or via the student’s official CalArts email account.

The decision of the Appeals Committee shall be final and no additional appeals will be considered.

Record Keeping

For compliance with Clery Act record retention requirements, all official conduct-related correspondence will be retained for a minimum of seven years;

A Student’s conduct history and record are cumulative; therefore increased sanctions may be imposed to take into consideration the Student’s overall record of violations of all types, not just those of a similar type.

Review and Revision

Under the direction of the Office of Community Rights and Responsibilities, this Student Code of Conduct and related procedures shall be reviewed and updated to comply with current county, state and federal guidelines.

Policy Category:

Student Life

Policies

All Policies