Frequently Asked Questions
I have been hired to represent a student for his/her upcoming student conduct process. What is my role in the proceedings?
The attorney’s role in the student conduct proceeding is to advise and consult the student. Because the campus student conduct process is not a court of law, the attorney is not acting in a legal capacity; rather, the attorney acts as a consultant.
In the meeting and hearing, the attorney is allowed to:
- Assist the student in clarifying their response to questions
- Consult with the student during the meetings
An attorney is not allowed to:
- Speak on the student’s behalf
- Object in any manner to questions asked or discussions raised during the Administrative Meeting or hearing
- “Cross-examine” or question witnesses in a hearing
- Interrupt the conduct hearing proceeding
If a student chooses to have an attorney as an advisor, the student shall pay all fees, costs, and expenses for the retention of an attorney. Under the discretion of the Student Conduct Officer, other parties, including an advisor, if any, may be excluded from participating in the Administrative Meeting and/or hearing, especially if being disruptive in the meeting.
What can the attorney do?
The attorney may be present at the administrative meeting, or hearing, by permission of the student. The attorney cannot speak on the student’s behalf. It is not the role of the attorney to “win” the case for the student. Rather, the attorney may lend support to the accused student in developing his/her defense, attending the conduct proceedings, and if necessary, assisting the student with an appeal.
How do I access information about my student’s case, so that I may better assist him/her?
Attorneys may receive information directly from the student. Since an attorney’s role in the Student Conduct process is purely advisory, all communication usually occurs between the student and the Student Conduct Officer. However, if it is necessary for an attorney to communicate directly with the Office of Student Conduct, the student must sign a waiver. In accordance with the federal Family Educational Rights and Privacy Act of 1974 (FERPA), the University cannot contact or share information about the student’s conduct record without the student’s written permission. All necessary waivers are available at the Office of Student Conduct.
Who do I talk to if I have questions about the case?
Attorneys may contact staff in the Office of Student Conduct via phone at (949) 824-5590. If an attorney’s questions relate to specifics of the incident involving the student, we require written permission from the student is required. All necessary waivers are available at the Office of Student Conduct. Otherwise, the Office of Student Conduct staff will only be able to address general questions regarding the student conduct process.
What is the role of the Office of Student Conduct staff during the disciplinary process?
Staff members in the Office of Student Conduct serve in multiple roles during the student conduct process. They are responsible for reviewing all incident reports, deciding on appropriate charges and types of judicial conduct proceedings, and facilitating the Student Conduct Review Board hearings, and administering disciplinary conferences or hearing boards.
They are also responsible for guiding a student through the student conduct process, providing information about the proceeding, possible outcomes, and a student’s rights and responsibilities.
What if the student is facing criminal charges?
The Office of Student Conduct is obligated to move forward with all disciplinary matters. The student conduct processes is an administrative, education-based process that is independent of the criminal justice system. The University is not required to defer to the timeline of the criminal courts and will not typically grant requests made on this basis. Please remember that the University is not attempting to determine if a student committed a crime; rather, the University is attempting to determine whether or not the UC Irvine Code of Student Conduct has been violated.
In order to protect the safety and well being of the UC Irvine community, all members of the community, and their visitors, are subject to the University rules and regulations. When the Office of Student Conduct charges a student, the student is not being charged with violating a law or committing a crime; rather, they are being accused of violating a university student conduct code. The student conduct processes is an administrative, education-based process that is independent of the criminal justice system.
Review of these common questions does not substitute for reading and understanding the Student Conduct Code. This list is meant to answer questions students, Registered Campus Organization, advisors, and parents often have about the student conduct process at UC Irvine. Please refer to the Code of Conduct for more details.