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Student Code of Conduct
CCCCD Student Services Procedure
3027
I. INTRODUCTION
The Student Code of Conduct is a statement of the Contra Costa Community College
District’s expectations regarding student standards of conduct, both academic
and nonacademic. Students are expected to obey all laws and District policies
and regulations. Students shall be subject to discipline for violation of these
laws, policies, and regulations. Student misconduct may also be subject to other
regulations of the District, including but not limited to regulations regarding
complaints of harassment and discrimination.
II. DEFINITIONS
For the purpose of these Rules and Regulations, the following words and terms
are defined as follows:
A. “Student" shall mean all persons enrolled
in any courses at the colleges in the district, regardless of where courses
are taught, whether they are enrolled full-time or part-time, for credit or
non-credit or not-for credit or contract education, and whether or not s/he
is planning to earn a degree, certificate of achievement or other
certification. Persons who are enrolled in online or hybrid courses
are also considered 'students'. Persons who are not officially
enrolled for a particular term, but who have been admitted to the college
and enroll in courses from time to time, and have a continuing relationship
with the college are considered 'students'.
B. "Governing Board” shall mean the Governing Board of the Contra Costa
Community College District.
C. “District” shall mean the Contra Costa Community College District,
including but not limited to its administrative staff and each of its
colleges.
D. “College” shall mean a college operated and maintained by the District.
E. “Member of the College Community” shall mean the District Trustees, the
academic, support staff, and administrative personnel of the District, the
students of the District and any other person while on District or college
property or at a District or college function or activity.
F. “Day” shall refer to a college instructional day unless otherwise noted.
G. “Good Cause” includes, but is not limited to the following offenses:
1. Continued disruptive behavior, continued willful disobedience,
habitual profanity or vulgarity, or the open and persistent defiance of the
authority of, or persistent abuse of, college personnel.
2. Assault, battery, or any threat of force or violence upon a student or
college personnel.
3. Willful misconduct which results in injury or death of a student or
college personnel or which results in cutting, defacing, or other injury to
any real or personal property owned by the District.
4. Use, sale, or possession on campus of, or presence on campus under the
influence of any controlled substance, or any poison classified as such by
Schedule D in section 4160 of the Business and Professions Code.
5. Willful or persistent smoking in any area where smoking has been
prohibited by law or by regulation of the Governing Board.
6. Persistent serious misconduct where other means of correction have failed
to bring about proper conduct.
7. Other behavior that has grounds for disciplinary action.
III. GROUNDS FOR DISCIPLINARY ACTION
A. Students shall conduct themselves consistent with the Student Code of
Conduct while on campus or participating off campus in online or hybrid
courses, or at college sponsored
events or programs, including but not limited to field trips, student
conferences, debate competitions, athletic contests, club-sponsored events,
and international study programs, regardless of location. Students shall
also conduct themselves consistent with the Student Code of Conduct in any
matter related to school activity or attendance. Students
shall be suspended or expelled only for good cause.
B. Misconduct that constitutes grounds for disciplinary action includes, but
is not limited to:.
1. Acts of academic dishonesty, including,
but not limited to, cheating, tampering, fabrication, plagiarism, or
assisting others in an act of academic dishonesty. Cheating is defined
as unauthorized copying or collaboration on a test or assignment, or the use
or attempted use of unauthorized materials. Tampering is defined as altering
or interfering with evaluation instruments or documents. Fabrication
is defined as falsifying experimental data or results, inventing research or
laboratory data or results for work not done, or falsely claiming sources
not used. Plagiarism is defined as representing someone else's words,
idea, artistry, or data as ones' own, including copying another person's
work (including published and unpublished material, and material from the
internet) without appropriate referencing, presenting someone else's
opinions and theories as one's own, or working jointly on a project, then
submitting it as one's own. Assisting is defined as assisting another person
in an act of academic dishonesty, such as taking a test or doing an
assignment for someone else, changing someone's grades or academic records,
or inappropriately distributing exams to other students;
2. Other forms of dishonesty, such as lying,
knowingly furnishing false information, or reporting a false emergency to
any college official, faculty or staff member or office or to the District;
3. Forgery, alteration, misappropriation or theft, misuse of any District or
college document, record, key, electronic device, or identification
including, but not limited to, unauthorized grade changes and forged
signatures on official college forms;
4. Misrepresentation of oneself or of an organization to be an agent of the
District;
5. Obstruction or disruption of teaching or of the District’s
educational process, administrative process, disciplinary procedures, or
other District functions and activities, on or off District property;
6. Disruptive or abusive behavior, such as verbal harassment, habitual
profanity or vulgarity, physical abuse, intimidation, hazing, or stalking of
any member of the college community;
7. Vandalism, graffiti, or other willful misconduct which results in cutting, defacing, or other damages to any
real or personal property owned by the District or a member of the college
community;
8. Assault, battery, violence or threat of violence, or any willful
misconduct which results in an injury or death of a student or District
personnel or behavior that
threatens the health and safety of any member of the college community;
9. Theft of District property, or property in the possession of, or owned
by, a member of the college community;
10. Violation of District or college policies or regulations including but
not limited to those concerning the formation and registration of student
organizations, the use of college facilities or the time, place, and manner
of public expression or the distribution of leaflets, pamphlets, or other
materials;
11. Failure to comply with the directions of the District or college
officials acting in the performance of their duties and/or failure to
identify oneself to these persons when requested to do so;
12. The use, sale, distribution, or possession on campus of, or presence on
campus under the influence of, any controlled substances, or any poison
classified as such by Schedule D section 4160 of the Business and
Professions Code or other California laws on District property or at any
District-sponsored event. This regulation does not apply when the person
named on the prescription possesses the drugs or narcotics or when the drugs
or narcotics are permitted for and are being used in research, instruction,
or analysis;
13. Possession, consumption, sale, distribution or delivery of any alcoholic
beverage in college buildings or on college grounds, or at college-sponsored
or supervised activities, regardless of their location, unless authorized by
college officials.
14. Possession or use of explosives, dangerous chemicals, or deadly weapons
on District property or at a campus function, without prior authorization of
the College President;
15. Engaging in lewd, indecent, or obscene behavior on District- owned or
controlled property or at a District-sponsored or supervised function;
16. Rape, date rape, sexual harassment, sexual assault, or threat of an
assault upon a student or member of the college community on District
property, or at a college or District-sponsored or supervised function;
17. Unauthorized use of, or misuse of District property, including, but not
limited to, unauthorized possession, duplication or use of District keys
and/or unauthorized entry into District
property;
18. Willful or persistent smoking in any area where smoking has been
prohibited by law or by regulation of the Governing Board or College;
19. Knowingly assisting another person in the commission of a violation of
the Student Code of Conduct;
20. Misuse of computers and networks which includes but is not limited to
utilizing an unauthorized account, password, campus network, interfering
with normal computer operations, circumventing data protection schemes or
uncovering security loopholes, or violating terms of the software
agreements.
21. Willful disruption of the orderly operation of the campus.
22. Leading or inciting others to disrupt scheduled and/or normal authorized
activities.
23. Obstruction of the free flow of
pedestrian or vehicular traffic on College premises or at college sponsored
or supervised events.
24. Unauthorized use of electronic or other
devices to make an audio or video record of any person while on college
premises without his/her prior knowledge, or without his/her effective
consent when such a recording is likely to cause injury or distress.
This includes, but is not limited to, surreptitiously taking pictures of
another person in a gym locker room or a restroom.
25. Any other cause identified as good cause by Education Code section
76033, not identified above; or any applicable Penal Code sections, or other
applicable local, state, or federal laws.
26. Any other ground constituting good cause.
C. Violation of parking laws, regulations, or rules shall not be cause for
the removal, suspension, or expulsion of a student (Ed. Code § 76036).
D. Nothing in these procedures shall
preclude a student with a disability from receiving appropriate
accommodations as indentified by Disability Support Services.
IV. TYPES OF DISCIPLINARY ACTION
The following discipline may be imposed, individually or in various
combinations, on any student found to have violated the Student Code of Conduct.
WARNING: A warning is a written or oral notice to the student that
continuation or repetition of certain conduct may be result in further
disciplinary action.
RESTITUTION: Restitution is reimbursement by the student for damage to,
loss of or misappropriation of property. Reimbursement may take the form of
appropriate service by the student to repair property or otherwise compensate
for damage.
PROJECTS AND ASSIGNMENTS: Projects and assignments may include
educational projects, service to the college, and other related discretionary
assignments.
DISCIPLINARY PROBATION: Probation is a status imposed for a specific
period of time in which a student must demonstrate his or her conduct conforms
to District standards of conduct as set forth in these regulations. Conditions
may be imposed at the discretion of the District or the President’s designee.
Misconduct during the probationary period or violation of any conditions of
the probation may result in more serious disciplinary action, such as loss of
privileges, suspension, or expulsion.
LOSS OF PRIVILEGES: Loss of privileges is the denial of
extra-curricular activities or other special privileges for a designated period of time. Violation of any
conditions or campus regulations during the period of sanction may result in
far more serious disciplinary action, such as suspension or expulsion.
REMOVAL: Removal of a student from class by an instructor or with
the assistance of Police Services, if necessary.
SUSPENSION: Suspension is a separation from the District for a
designated period of time after which the student will be eligible to return.
A suspension may consist of (a) a period of time from one or more classes for
a period up to ten (10) days of instruction; (b) from one or more classes for
the remainder of the school term; and (c) from all classes or activities of
the college for one or more terms for up to three years.
EXPULSION: Expulsion is the permanent termination of student status by
the Governing Board for good cause when other means of correction fail to
bring about proper conduct or when the presence of the student causes a
continuing danger to the physical safety of the student or others. A student
who is expelled is prohibited from participating in any college activities or
programs and from entering District premises.
REVOCATION OF DEGREE OR CERTIFICATION:
A degree or certificate awarded from the college may be revoked for
fraud, misrepresentation, or other violation of College standards in
obtaining a degree or certification, or for other serious violations
committed by a student prior to graduation.
V. RECIPROCITY OF SANCTIONS
During a period of suspension or expulsion, a student shall not be enrolled in
any other college within the District. Disciplinary actions or sanctions shall
apply to the student at all District colleges.
VI. CONDUCT RELATED TO COLLEGE
After a hearing the President’s Designee may impose an immediate suspension on a
student when such action is required in order to protect property, safety, and
to ensure the maintenance of order on the campus or at a campus function.
No student may be removed, suspended, or expelled unless the conduct for which
the student is disciplined is related to college activity or college attendance.
VII. RECORD OF DISCIPLINARY ACTION
In accordance with Education Code section 76220, Community College Districts
shall establish, maintain and destroy student records according to regulations
adopted by the Board of Governors of the California Community Colleges. The
president’s designee will create a record of disciplinary actions, along with
relevant supporting documents and evidence. Consistent with the Family
Educational Rights and Privacy Act and District Student Services Procedure 3009,
this record shall be maintained as a confidential student education record and
may not be released without the permission of the student, except as permitted
by law and policy. The student shall have a right to inspect the record and to
challenge the contents. Disciplinary records shall be retained in a manner
consistent with state law, and will be destroyed following the third college
year after the college year in which it originated.
In accordance with Education Code section 76234, whenever there is included in
any student record information concerning any disciplinary action taken by the
college or District in connection with any alleged sexual assault or physical
abuse or any conduct that threatens the health and safety of the alleged victim,
the alleged victim of the sexual assault or physical abuse shall be informed
within three (3) days of the results of any disciplinary action by the college
and the results of any appeal.
VIII. REMOVAL BY INSTRUCTOR
An instructor, for good cause, may remove a student from his or her class for
the day of the removal and the next class meeting. (Ed. Code § 76032 and 76033.)
A. Procedures Before The Removal.
1. The instructor shall notify the student of the instructor’s
consideration of the removal from class and the reasons for the proposed
removal.
2. The instructor may remove the student from the classroom immediately.
Under normal conditions, the instructor should permit the student an
opportunity to present a rebuttal to the accusation or otherwise offer
relevant comment on the proposed removal. There need be no delay between the
time notice is given to the student and the time of such a review.
3. The instructor shall decide whether or not to proceed with the proposed
removal after hearing the student’s explanation and considering all of the
information relative to the issue. There need be no delay between the time
notice is given to the student and the removal.
4. The decision may be given to the student either orally or in writing.
5. The instructor’s decision is final and may not be appealed.
B. Procedures After The Removal.
1. Immediately following the removal, the instructor must notify the
College President or President’s Designee of the removal.
2. If the student removed is a minor, the College President or President’s
Designee shall ask the parent or guardian of the student to attend a parent
conference regarding the removal as soon as possible. If the instructor or
the parent or guardian so requests, a college administrator shall attend the
conference.
3. The instructor may request that the student meet with the College
President or President’s Designee, within three (3) days of removal, prior
to returning to class.
4. During the period of removal, the student shall not be returned to the
class without the concurrence of the instructor.
IX. PRELIMINARY PROCEDURES FOR SUSPENSION BY PRESIDENT’S DESIGNEE
The following procedures shall be taken before suspension except in the event
that an emergency/interim suspension is made as set forth in Section XIV.
A. Administration. The President’s Designee shall administer these
procedures and take appropriate action, subject to the approval of the College
President and the Governing Board if required herein or otherwise by law.
B. Disciplinary Action Which May Be Imposed. The President’s Designee
may suspend or impose a lesser sanction on a student. A suspension may consist
of a period of time as follows:
1. From one or more classes for a period up to ten (10) days of
instruction;
2. From one or more classes for the remainder of the school term;
3. From all classes and activities of the college for one or more terms. A
suspension shall not exceed three (3) years.
C. Reporting Of Conduct. Alleged student misconduct shall be
reported to the President’s Designee. The President’s Designee shall be the
Vice President of Academic and Student Affairs or the Senior Dean of Student
Services at Contra Costa College, the Dean of Student Life at Diablo Valley
College, and the Senior Dean of Student Services at Los Medanos College. Other officials may be
designated as the President’s Designee, whenever necessary for the efficient
operation of the District.
D. Investigation. Upon receiving a report of alleged student
misconduct, the President’s Designee shall initiate an investigation.
E. Notice. Before imposing discipline, the President’s Designee shall
give or make reasonable efforts to give the student oral or written notice of
the reason for the proposed disciplinary action. If the student is a minor,
the President’s Designee shall also notify the parent or guardian of the
investigation and charges.
F. Preliminary Hearing. Within a reasonable period of time (normally
within five (5) days following the delivery to the student of the notice
referred to above), the President’s Designee shall offer the student an
opportunity to attend a meeting (“Preliminary Hearing”) at which time the
student may present a rebuttal to the accusation or otherwise offer relevant
comment on the proposed discipline. There need be no delay between the time of
the notice given to the student and the time of the meeting. If the
student fails to arrange a preliminary hearing (or if he/she fails to appear
for a preliminary hearing he/she has arranged), the decision of the
President's Designee will be final and not subject to a further Appeal
Hearing.
G. Determination After Preliminary Hearing. Based on the evidence
presented, the President’s Designee
shall decide whether or not to proceed with the proposed suspension and/or to
recommend expulsion after hearing the student’s explanation and considering
all of the information. If the decision is to suspend for up to five (5) days,
the President’s Designee may inform the student of the decision and send a
written confirmation to the student’s last known address within five (5)
working days. The confirmation shall include a statement that the decision to
impose a suspension for five (5) days or less, or a lesser sanction, is not
appealable. If the decision is to suspend for more than five (5) school days
or to recommend expulsion, the President’s Designee shall send the student a
written notice via personal delivery or certified mail to the student’s last
known address as set forth below.
H. Notice To The College President. The President’s Designee shall
report any disciplinary action imposed to the College President.
I. Notification After A Suspension Of More Than Five (5) Days. If the
President’s Designee imposes a suspension of more than five (5) days, the
President’s Designee shall promptly send the student a letter of notification
that is hand delivered or sent via certified mail to the student’s last known
address. The notification shall include:
1. A statement of the charges, the reason for the suspension or
recommended expulsion offer, and a description of facts related to the
misconduct, including the evidence against the student, the date of the
incident(s), time of the incident(s), and location of the offense(s).
2. A copy of the Student Code of Conduct.
3. An explanation that a student who has been suspended for more than five
(5) days is entitled to appeal the decision and has a right to a further
hearing (“Appeal Hearing”). The notification shall also state that a request
for an Appeal Hearing shall be filed within five (5) business days of the service or
mailing of the notification, whichever is earlier. The written request
for an appeal hearing must be submitted to the President's Designee, and
must cite the specific ground(s) for the appeal (from those listed below),
and provides information which substantiates the ground(s) on
which the appeal is being made.
4. Grounds for appeal - A student may appeal the decision of the President's
Designee on grounds that:
(a.) Fair consideration was not provided
to the student (i.e., there was evidence that some aspect of the hearing
was prejudicial, arbitrary, or capricious);
(b.) New and significant information,
not reasonably available at the time of the initial hearing, has become
available;
(c.) The sanction or remedy imposed is
not in due proportion to the nature and seriousness of the offense.
Any evidence supporting these grounds must be included in the request
for an appeal hearing.
5. A statement that the student has the right to be accompanied at an
“Appeal Hearing” by an on-campus advisor of his or her choice. If the
student decides to be accompanied by an advisor, the name and address of
that advisor must be submitted to the President’s Designee at the time the
appeal is filed.
6. The President’s Designee may note that he or she will also recommend
expulsion.
7. The Notification shall include the date, time, and location of an
Appeal Hearing if requested by the student.
J. Student Right To Appeal A Suspension Of More Than Five (5) Days.
The student may accept a suspension in excess of five (5) days without
admitting the conduct charged. In such a case, the decision of the President’s
Designee will be final and not subject to a further Appeal Hearing. Should the
student not accept a suspension in excess of five (5) days, the student has a
right to appeal. A suspension appeal must be filed by the student no later
than five (5) days from the date the notification letter is personally served
or mailed.
K. Schedule Of Hearing. The President’s Designee shall schedule an
Appeal Hearing no later than ten (10) working days from the date of the
suspension.
X. HEARING AUTHORITY FOR APPEAL HEARING
A. The College President will assign either an Administrative Hearing
Officer or may utilize a Student Discipline Committee (“Committee”) to conduct
Appeal Hearings at the college (“Hearing Authority”).
B. An Administrative Hearing Officer shall be a college official.
C. A Committee shall include: one faculty member, one administrator or
manager, and one student. The selection process for the Committee, if any,
will normally occur at the beginning of each academic school year.
1. The Academic Senate will select a faculty representative and
alternate(s). Vacancies will be filled by an action of the Academic Senate.
2. The Associated Student Body will select a student representative and alternate(s). Vacancies of student members shall be filled by an action of
the Associated Student Body.
3. The College President will select the administrative or management
representative and alternate(s). The administrative or management
representative will serve as the Committee Chair.
The student or the college staff member shall notify the Committee if he or
she has a conflict of interest because he or she is involved in the
discipline matter and, therefore, is unable to service as a neutral party.
4. Alternate faculty, administrative, and student members shall be appointed
to ensure that a standing committee can always be convened promptly.
XI. APPEAL HEARING PROCEDURES
A. The President’s Designee shall submit to the Hearing Authority: a
description of the charges, notices, evidence, and a copy of the proposed
decision. The President’s Designee shall present relevant evidence regarding
the alleged misconduct. The accused student may then present any relevant
evidence. Each party may call, examine, and cross-examine witnesses. Written
statements, if any, shall be submitted under penalty of perjury. The Hearing
Authority may also question witnesses. Opening and closing statements shall be
limited to five (5) minutes. The President’s Designee shall speak first,
followed by the student.
B. The Hearing Authority shall rule on all questions of procedure and
admission of evidence.
C. Hearings need not be conducted in accordance with strict rules of evidence
or formality of a court hearing.
D. The Hearing Authority shall consider no evidence other than that evidence
received at the hearing. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence, but shall not be sufficient in
itself, to support a finding.
E. A student may be accompanied by an advisor of his or her choosing, at the
student’s request. The role of the advisor is passive in this procedure. The
advisor may be present at the hearing and may counsel the student. The advisor
may not address the Hearing Authority and shall not be permitted to
participate in any way during the hearing except to offer counsel to the
student. If the student decides to be accompanied by an attorney, the name and
address of that attorney must be submitted to the President’s Designee at the
time the request for hearing is filed.
F. The Appeal Hearing shall be closed to protect the privacy and
confidentially of everyone involved unless the student and District agree in
writing to have a public hearing at least five (5) days in advance of the
hearing. A closed hearing will be closed to everyone except the following:
1. The student charged.
2. The Hearing Authority.
3. An advisor for the student charged, if so desired.
4. The President’s Designee.
5. A witness, while presenting evidence.
6. An on-campus advisor for a witness while presenting evidence.
G. An official audiotape recording of the hearing shall be kept. The record
shall be the property of the District. The student charged may listen to the
tape at a mutually agreeable location at the college. An accused student may,
upon request, be provided a copy at his or her own expense.
XII. HEARING AUTHORITY’S CONSIDERATION AND RECOMMENDATION
Following presentation of the evidence, the Hearing Authority shall privately
consider the evidence with all persons excluded. The Hearing Authority shall
send a written report to the College President within five (5) working days of
the termination of the hearing. The report shall contain the following
information:
A. A summary of factual findings and a determination that the accused
student did or did not commit the act(s) charged.
B. A finding that the student’s act(s) did or did not constitute a violation
of the Student Code of Conduct.
C. A recommendation for upholding or modifying the proposed discipline. The
Hearing Authority may also recommend further investigation.
XIII. COLLEGE PRESIDENT’S DECISION
A. The College President shall reach a decision after reviewing the report
submitted by the Hearing Authority. The College President may refer the matter
back to the Committee or hearing officer for further clarification on details
of the case, such as evidence and findings of fact. The College President may
uphold the suspension, uphold the recommendation by the Hearing Authority, or
adopt a lesser sanction, if appropriate. A written statement of the decision
shall be sent via certified or registered mail to the student’s last known
address within three (3) working days of the College President’s receiving the
Hearing Authority ‘s recommendation.
B. The decision of the College President to suspend or impose a lesser
sanction shall be final and not subject to further appeal.
C. The College President shall report a disciplinary suspension of any student
to the Governing Board at its next regular meeting after the suspension has
been imposed. A copy of the suspension determination, including the reasons
for the suspension, shall be placed in the student’s permanent disciplinary
record (not the transcript).
D. If the College President determines that a student should be expelled, he
or she will forward that recommendation through the Chancellor, to the Board
of Trustees for determination.
E. In the event that a College President is or will be unavailable for the
making of a prompt decision, the College President may appoint an unbiased
designee to act on the appeal.
XIV. EMERGENCY INTERIM SUSPENSION
A. An emergency/summary suspension is an immediate suspension imposed upon
a student for good cause. (Ed. Code § 66017.)
B. Notwithstanding the foregoing, the College President or the President’s
Designee may impose an emergency/summary suspension. It is an extraordinary
measure and shall be utilized when necessary to protect lives or property and
to ensure the maintenance of order pending a hearing.
C. A preliminary hearing shall be provided within ten (10) calendar days of an
emergency/summary suspension. (Ed. Code § 66017.) The procedures set forth in
Sections IX and X shall apply to the preliminary hearing and any appeal
hearing.
D. An emergency/summary suspension shall be reported to the Governing Board at
its next regular meeting after such suspension has been imposed. A copy of the
suspension may be placed in the student’s permanent record at the discretion
of the College President.
XV. NOTIFICATION
The College President or President’s Designee shall, upon suspension or
expulsion of any student, notify the appropriate law enforcement authorities of
the county or city in which the school is situated of any acts of the student
which may be in violation of section 245 of the Penal Code. (Ed. Code § 76035.)
XVI. EXTENSIONS OF TIME
Calendar restraints may be extended with the agreement of both parties.
XVII. EXPULSION
The Governing Board has the sole authority to expel a student. If the College
President determines that a student should be expelled, he or she shall send the
recommendation through the Chancellor to the Governing Board.
A. Within 30 instructional days of the
receipt of the recommendation from the College President, and with the
agreement of the Chancellor, the Governing Board shall conduct an appeal
hearing in closed session with the accused student and the College President
(or the President's Designee).
1. The hearing shall be closed to
protect the privacy and confidentiality of everyone involved, unless (a)
the accused student requests an open hearing, in writing, within 48
hours of being notified of the hearing, and (b) it is determined that
holding the hearing in open session would not lead to the giving out of
information concerning students which would be in violation of state or
federal law regarding the privacy of student records.
2. A closed hearing will be closed to
everyone except the following:
a. The student charged.
b. An advisor/advocate for the
student charged, if so desired. If the student chooses to be
accompanied by an attorney, the student must notify the District in
writing of his/her intent to bring an attorney at least five (5)
business days prior to the hearing. Failure to notify the
District will result in a waiver of the right to be accompanied by
an attorney, or a one month postponement of the hearing.
c. The College President and/or
President's Designee.
d. The Governing Board
e. The Chancellor and/or District
Legal Advisor
f. The student's parent(s) or
guardian, if the student is a minor.
B. The accused student shall be notified in
writing of the date and time of the hearing, and shall be provided with a
copy of this policy. The notice shall be mailed via certified or
registered mail, or served personally, if the student is a minor.
C. The hearing shall be conducted in
accordance with the following procedures:
1. The President of the Governing Board
will serve as chair of the hearing, and will rule on all questions of
procedure and admission of evidence.
2. Hearings need not be conducted in
accordance with strict rules of evidence or formality of a court
hearing.
3. Before commencement of the hearing,
the Governing Board shall review a description of the charges, notices,
evidence, findings, and a copy of the proposed decision from the
college-level disciplinary appeal hearing. The Governing Board
shall consider no evidence other than that evidence received in the
hearing process.
4. The College President (or the
President's Designee) shall make a brief statement to the Governing
Board, referring to relevant evidence regarding the alleged misconduct.
5. The accused student may then make a
brief statement to the Governing Board and present any relevant
evidence.
6. The statements shall be limited to
five (5) minutes.
7. Upon completion of these statements,
the Governing Board will have an opportunity to ask questions of both
the student and the College President (or President's Designee).
8. The Governing Board will conclude the
hearing, dismiss the parties, and privately deliberate as to a decision.
9. The Governing Board shall issue a
statement of decision including findings of fact and a determination
that the accused student did or did not commit the act(s) charged, a
finding that the student's act(s) did or did not constitute a violation
of the Student Code of Conduct, and a decision as to whether the
expulsion proposed by the President would be upheld or modified.
The Governing Board may also recommend further investigation.
Pursuant to Education Code section 72122, regardless of whether the
matter is heard in open or closed session, the final action of the
Governing Board shall be taken in open session, and the result of the
action shall be a public record. The name of the student, however,
shall not be released.
10. The Chancellor's Office will send a
written statement of the Governing Board's decision via certified or
registered mail to the student's last known address within three (3)
working days of the hearing.
11. If the Governing Board's decision is
unfavorable to the student, the student shall have a right to submit a
written statement of his/her objections to the decision. This
statement shall become a part of the student's records.
12. The decision of the Governing Board
is final, and not subject to further appeal.
13. The hearing shall be electronically
recorded. The record shall be the property of the District.
The student charged may listen to the tape at a mutually agreeable
location at the college. An accused student may, upon request, be
provided a copy of the recording at his or her own expense.
References:
- Education Code, Sections 66017, 66300, 66301,
72122, 76030-76037, 76234
- CCCCD Board Policy 3012
- CCCCD Student Services Procedures 3009 &
3026
Historical Annotation:
- Adopted 03/02/04
- Revisions adopted 06/17/08
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