STANDARDS OF STUDENT CONDUCT

INTRODUCTION
Community college districts are required by law to adopt standards of student conduct along with applicable penalties for violation. (Education Code Section 66300.) The purpose of this policy is to provide uniform procedures to assure due process when a student is charged with violation of these standards.

STANDARDS OF STUDENT CONDUCT
VIOLATIONS
Student conduct must conform to college rules and regulations. Violations of such rules and regulations, for which students are subject to disciplinary action, include, but are not limited to, the following:

Dishonesty, including, but not limited to cheating, plagiarism, or knowingly furnishing false information to the college;
Forgery, alteration, or misuse of college documents, records, or identification;
Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other college activities, including, but not limited to its community service functions, or of other authorized activities on or off college premises;
Physical abuse of any person on district owned or controlled property or at college sponsored or supervised functions or conduct which threatens or endangers the health or safety of any such person;
Theft of or damage to property of the college or a member of the college community or campus visitor;
Unauthorized entry to or use of college supplies, equipment, and/or facilities;
Violation of college regulations concerning student organizations, the use of college facilities, gambling, and hazing (unless part of an authorized activity), or the time, place, and manner of public expression;
Use, possession, or distribution of narcotic or dangerous drugs, on district owned or controlled property or at any college sponsored event except as expressly permitted;
Disorderly, disruptive, lewd, indecent, or obscene conduct or expression on college owned or controlled property or at college sponsored or supervised functions;
Failure to comply with directions of college officials acting in the performance of their duties, or failure to identify oneself for just cause when requested to do so by college officials acting in the performance of their duties;
Possession or use of alcoholic beverages on district owned or controlled property, or at college sponsored events, or appearances on campus or at college sponsored events while under the influence of alcohol;
Possession or use of unauthorized firearms or other dangerous weapons on district owned or controlled property;

REMOVAL BY INSTRUCTORS
Pursuant to the authority contained in Education Code sections 76030-76037, the Board of Trustees permits an instructor to remove a student from his or her class for the day of removal and the next class meeting. Removal must be immediately reported in writing to the President or Vice President of Student Services.

STUDENT DISCIPLINE PROCEDURES (not applicable to removal by instructor: See #2)
SCOPE
All proceedings held in accordance with these procedures shall relate specifically to an alleged violation of the college’s standards of student conduct (see Section 1).
These discipline provisions do not apply to:
1. Grievance procedures
2. Residence determination
3. Other academic and legal requirements for admission and retention
(These procedures do not apply to removal by instructors under Section 2)
The college independently of any charges filed through civil or criminal authorities, or both may take disciplinary measures.

DEFINITIONS OF STUDENT DISCIPLINE TERMS
1. Warning-Written or oral notice to the student that continuation or repetition of misconduct may be cause for further disciplinary action.
2. Reprimand-Written censure for violation of specific regulations.
3. Disciplinary Probation-Specific period of conditional participation in campus and academic affairs, which may involve any or all of the following:
  1. Ineligibility for all college organization offices;
  2. Removal from any college organization office held;
  3. Revocation of the privilege of participating in college and/or student-sponsored activities;
  4. Ineligibility for state or district financial aid for a period not less than the period for which a recipient has been suspended pursuant to these procedures, or ineligibility for state or district financial aid for a period not to exceed two (2) years subsequent to a determination to these procedures, that a recipient willfully and knowingly disrupted the orderly operation of the campus. (Education Code Section 69810, 69811)
4. Suspension-Temporary exclusion from a student status, or other privileges or activities, for a specified period of time.
5. Expulsion-Permanent termination of student status.
6. Administrator-The College President or other person or persons designated by him or her to maintain order, handle disciplinary questions on campus, or represent the college before a Disciplinary Hearing Committee.
7. Days-Days during which college is in session and regular classes are held, including summer session days, and excluding Saturdays and Sundays, unless otherwise specified in the procedures.
HEARING AND DISCIPLINARY PROCEDURES (not applicable to removal by instructor: see #2)
NOTIFICATION OF HEARING
Students charged with alleged violations of the Standards of Student Conduct will be provided with written notice to meet with the Administrator or designated representative, for a conference regarding the basis for possible disciplinary action. The notice should normally be given at least one day prior to the scheduled appointment.

The meeting with the Administrator shall contain the following:
1. A statement of his/her rights;
2. A written statement of charges to the student;
3. A reasonable opportunity at the meeting for the student to personally answer the charges;
4. Notification to the student of disciplinary action(s) that may be or will be taken;
5. Written notification to the student of further meetings if deemed necessary by the Administrator;
6. Written notification to the student of his/her right of appeal to the Disciplinary Appeal Committee.
DISCIPLINARY ACTION
If, after reviewing the situation with the student, the Administrator concludes that a disciplinary action is appropriate, the Administrator shall deliver one or more of the following types of disciplinary action.
1. Warning
  Written or oral notice to the student that continuation or repetition of misconduct may be cause for further disciplinary action.
2. Reprimand
  Action placing on record (in the student’s cumulative folder) that a student’s conduct in a specific instance does not meet the standards expected at the college. A person receiving an oral or written reprimand by the Administrator is thereby notified that continued conduct of the type described may result in further disciplinary action against the student.
3. Disciplinary Probation
  Disciplinary action resulting in any one or more of the following:
  1. Ineligibility for all college organization offices;
  2. Removal from any college organization office held;
  3. Revocation of the privilege of participating in college and/or student-sponsored activities;
  4. Termination of state and/or local financial aid.
  This action by the Administrator may be imposed upon an individual, group, or groups of students for a period not to exceed one (1) academic year. Repetition, during the probationary period, of conduct resulting in disciplinary probation may be cause for suspension or other disciplinary action.
4. Suspension
  Disciplinary action denying all campus privileges for a specified period of time. A suspended student may be barred from occupying any portion of the campus and may be denied all college privileges including class attendance for a specified, limited period of time. There shall be two classes of suspension. The first, "summary suspension" is to protect the school from the immediate possibility of disorder or threat to the safety of students. The second, "disciplinary suspension", serves as a penalty against the student as a result of the failure of his conduct to meet standards expected at the college.
5. Disciplinary Suspension
  The administrator may suspend a student for good cause. (E.C. 76033.)
  1. From one or more classes, for up to 10 days of instruction.
  2. From one or more classes for the remainder of the school term;
  3. From all college classes and activities for one or more terms.
6. Expulsion
  Expulsion requires formal action taken by the Board of Trustees. The board may expel:
  1. When other means of correction fails to bring about proper conduct, or;
  2. When presence of the student causes a continuing danger to the physical safety of the student or others.
7. Time Limit for Appeal to Disciplinary Appeal Committee
  Any request for a hearing before a Disciplinary Appeal Committee must be in writing and delivered to the administrator within forty-eight (48) hours of that administrator’s decisions.
8. Miscellaneous
  1. Whenever the student to be suspended or expelled is under 18 years of age, his/her parents or guardian shall be notified in writing by the administrator.
  2. Upon suspension or expulsion of a student for violation of Penal Code 245 (assault with a deadly weapon likely to produce great bodily harm), the administrator shall notify the appropriate law enforcement agency.
  3. The fact of any disciplinary action and the reasons therefore shall be recorded on the student’s records subject to access, review, and comment by the student as authorized by the Family educational Rights and Privacy Act (20 USC Section 2332g) and Education Code Section 76200 et seq. All access or release of such records to members of the public shall also be in accordance with applicable state and federal law.
  4. Specified times may be shortened or lengthened by mutual concurrence of all parties.
APPEAL PROCEDURE (not applicable to removal by instructor: see #2)

THE HEARING PANEL
There shall be on campus a standing panel from which one or more Disciplinary Appeal Committees may be appointed. The panel shall be made up of the following:
1. All full-time students (enrolled in 12 or more units);
2. All full-time, certificated personnel except those designated as management;
3. All full-time, certificated management personnel with the exception of the Vice President of Student Services or designee.
THE DISCIPLINARY APPEAL COMMITTEE
From the panel described above, the Associated Student Body President shall appoint two students, the President of the Academic Senate shall appoint two certificated personnel, and the Superintendent/President shall appoint one certificated, management person.

Either the student or the Administrator may challenge any member of the Disciplinary Appeal Committee for cause. Any challenge must be made in writing not later than one (1) day prior to the hearing. Grounds for cause include any disciplinary problem, and statement made on the matters at issue, or any other act or statement indicating that a person could not act in a neutral manner. The Superintendent/President shall determine the validity of the challenges. The appropriate group will appoint the appropriate replacements.

Prior to the commencement of the actual hearing, the Disciplinary Appeal Committee members shall receive from the Administrator copies of these procedures, meet along, and select a chairperson. If the members cannot reach mutual agreement on a chairperson, the Superintendent/President shall designate a member to serve as chairperson. The chairperson shall preside over the hearing and make rulings as to its conduct.

RIGHT TO REPRESENTATIVE
The student may represent him or herself or may be represented by another person. If that representative is an attorney, the student shall notify the Administrator and the committee, in writing, of that fact no later than three (3) days prior to the date of the hearing. The Disciplinary Appeal Committee may then request legal counsel from the District Legal Services. Such counsel may sit with the Disciplinary Appeal committee in an advisory capacity but shall not be a member of the committee nor vote with it.

THE HEARING
1. Opening
  The chairperson shall call the hearing to order, introduce the participants, and announce the purpose of the hearing, e.g., "this committee meets to hear an appeal of disciplinary action against __________________ and to make findings of fact and recommendations for action to the Board of Trustees if needed.
2. Charges and Disciplinary Action
  The chairperson shall distribute copies of the charges and disciplinary action taken.
3. Plea
  The student shall admit or deny each charge. If the student admits each charge, and wishes to present no evidence of mitigating circumstances or other defense, the committee shall retire to make its decision. If the student denies any or all of the charges, or wishes to present evidence of mitigating circumstances, the hearing shall proceed.
4. Burdens of Proof and of Producing Evidence
  The Administrator has the burden of proving that each charge is true. The student shall be regarded as innocent of the charges until the contrary is established by the Administrator by a preponderance of the evidence. "Established by a preponderance of the evidence," means that the Administrator has the initial burden of producing evidence to prove each charge. The Administrator must present the evidence in support of the charges first, and then the student must present evidence to refute the Administrator’s evidence.
5. Arguments
  First the Administrator, and then the student, shall be afforded an opportunity to make or waive an opening statement, i.e., give an outline of the charges and the facts to be proved. The student may reserve his/her opening statement until after the Administrator has finished presenting the case for the college. After the opening statements, first the Administrator, and then the student shall have the opportunity to present witnesses and other relevant evidence in support of the case.
6. Evidence
  Formal rules of evidence shall not apply. All relevant evidence is admissible, including but not limited to testimony of witnesses, physical objects, police reports, photographs, copies of documents, and signed and dated declarations of witnesses shown to be unavailable.
7. Closed Hearings
  Hearings shall be closed and confidential and all witnesses shall be excluded when testifying unless the Administrator and the student, and the committee, agrees to the contrary. Both the Administrator and the student shall be entitled to call witnesses and to question witnesses presented by the other. A member of the committee may ask questions at any time upon recognition by the chairperson. Either side may recall a witness, who again may be questioned by both parties and the committee.
8. Absence of the Student
9. If the student charged does not appear, no satisfactory explanation for the absence is made at the earliest opportunity, or if the student leaves the hearing before its conclusion, the hearing shall proceed without the student, and the committee shall reach a decision based on the evidence presented.
10. Conclusion
  First the Administrator, and then the student, shall be afforded the opportunity to make or waive a closing argument. The committee shall retire to deliberate with only the members of the committee present. The hearing committee shall reach its decision based only upon the record of the hearing and shall not consider matters outside of that record. Within five (5) days of the hearing, the chairperson should deliver to the Superintendent/President, the student, and the Administrator a written report giving specific findings of fact as to each charge, and making recommendations for action arrived at by a majority vote of the committee.
The committee may adopt the Administrator’s recommendations for action, may adopt a less severe sanction, or may adopt a more severe sanction.

The College President will report the decision and recommended action to the Board of Trustees.
APPEAL TO THE BOARD OF TRUSTEES (not applicable to removal by instructor: see #2)

Either the student or the Administrator may appeal the decision of the Disciplinary Appeal Committee to the board of Trustees by filing an appeal with the Superintendent/President. Any such appeal shall be submitted in writing within five (5) days following receipt of the Disciplinary Appeal Committee’s decision and shall state specifically the grounds for appeal. Appeal shall be based only on the record of the Disciplinary Appeal committee. Both the student and the Administrator may submit written statements on appeal.

The Superintendent/President shall review the record of the hearing and the documents submitted to verify that all prior steps of these disciplinary procedures have been completed. The Board of Trustees shall then be provided with copies of the decision, with all documentation and related data.

The Board should consider student disciplinary appeals at any regularly scheduled public meeting held within thirty (30) days of receipt of the appeal by the Superintendent/President’s Office.

The Board shall, unless otherwise requested by the student involved, hold executive sessions if the Board is considering a suspension, or disciplinary action or any other action except expulsion if a public hearing upon such question would lead to the giving out of information concerning students which would be in violation of Education Code Section 76240 et seq. protecting the privacy of student records. Before calling such an executive session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the student is a minor, notify the student and his parent or guardian, or the student if the student is an adult, of the intent of the governing board of the district to call and hold such executive session. Unless the student, or his parent, or guardian, shall, in writing, within two (2) days after receipt of such written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider such matters shall be conducted by the governing board in executive session. If such written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at such meeting that might be in conflict with the right to privacy of any student other than the student requesting the public meeting or on behalf of whom such meeting is requested, shall be in executive session. Whether the matter is considered at any executive or at a public meeting, the final action of the governing board of the school district shall be taken at a public meeting and the result of such action shall be a public record of the school district. (Education Code Section 72122)

Upon review, the Board will confirm, modify, or reject the decision of the Disciplinary Appeal Committee. The Board’s action shall be limited to a review of the record of the hearing committee, and the decision of the hearing committee, and the Board shall not consider any evidence outside that record. The Board’s action shall be final and binding on all parties.