DVC Procedure 3012.02
ADOPTION: May 17, 2004
REFERENCES: Penal Code sec. 626, Education Code sec. 66017, 66300, 76030 - 76037, CCCCD Board Policy 3012, CCCCD Student Services Procedure 3027
Disruptive behavior is any behavior that interferes with the instructional, administrative, or service functions of the college. Examples of disruptive behavior include, but are not limited to: threats or verbal abuse, shouting, unreasonably loud talking, habitual profanity or vulgarity, making excessive noise, continued willful disobedience or defiance of authority. There is a difference between disruptive behavior and students exercising their right to express differing opinions or constructive criticism - a right fundamental to a free and open academic community.
Some disruptive behavior is clearly prohibited by policy, while other behavior is prohibited by the California Penal Code and punishable by criminal sanction, which requires immediate and formal intervention. The disruptive behaviors listed below constitute an imminent threat to the health and safety of others; in these cases campus police should be notified for immediate action.
• Acts of physical violence
• Imminent threats of physical violence
• Exhibition of a weapon
When the student's behavior is identified as disruptive but not physical or violent, DVC's representatives have more latitude in choosing an effective response. Each college manager or staff member in charge of a service area will have his or her own special strategies for handling potentially disruptive situations. In a case where the usual strategies fail and the behavior has been assessed as disruptive, the manager or staff member in charge should:
• Invite the student to talk in a quiet and relatively private location (if feasible)
in order to de-escalate the situation;
• Identify the inappropriate behavior and attempt to elicit the cooperation of the student to resolve the situation;
• Warn the student that the behavior is disruptive and may lead to formal disciplinary action by the college (including suspension);
• Consult with the supervisor or president's designee regarding the behavior, if available.
If dialogue with the student proves to be ineffective and the manager or staff member in charge feels that he or she has exhausted the methods normally employed to resolve such situations, the Student Code of Conduct allows for the implementation of "loss of privileges". The loss of privileges shall last until the student has met with the president's designee to resolve the situation. The following procedures allow for any college manager or staff member in charge of a service area to withdraw the privilege to use the service area from any student for good cause as set forth in the Student Code of Conduct.
1. Notify the student that you are considering withdrawing their privilege to use
the service area, and the specific reasons why. This may be done orally or in writing.
2. Allow the student an opportunity to immediately respond to the proposed loss of privileges. There need be no delay between the time this notice is given to the student and the time of such a response.
3. Listen to the student's explanation and consider all relevant information.
4. Decide whether or not to proceed with the loss of privileges, and inform the student immediately. The decision is final and there will be no appeal. If the student refuses to leave the area, contact campus police and request that they escort the student from the campus property.
5. Notify your supervisor and the president's designee immediately following the loss of privileges.
Following the meeting with the president's designee, if the student is cleared to return to the office or service area and the disruptive behavior continues or escalates, the president's designee will work with the manager or staff member in charge to obtain the documentation necessary to identify appropriate next steps in the disciplinary process.