AP 5520 Student Discipline Procedures - Administrative Procedures, Chapter 5 Student Services

  • Reference: Education Code Sections 66017, 66300, 72122, 76030, and 76030 et seq.; Penal Code Section 626.4

The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student Conduct, which guarantees to the student or students involved the due process rights guaranteed them by state and federal constitutional protections.  This procedure will be used in a fair and equitable manner, and not for purposes of retaliation.  It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies. These procedures are specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code Section 76120, and will not be used to punish expression that is protected.

What follows in this Administrative Procedure is an outline of possible sanctions open to the college, defined authority levels and the investigative and appeal processes implemented by the Vice President of Student Services, The Student Conduct Board, the President and the Board of Trustees. Detailed descriptions of these processes are available through the college website (Student Code of Conduct) and/or through the Vice President of Student Services.

Reporting- Any person may report a violation of student conduct to the Vice President of Student Services. The web site contains specific information on how to report student misconduct and provides additional resources.

The following sanctions may be imposed immediately:

Immediate Interim Suspension- (Education Code Section 66017):  The President may order immediate suspension of a student where he/she concludes that immediate suspension is required to protect lives or property and to ensure the maintenance of order.  In cases where an interim suspension has been ordered, the time limits contained in these procedures shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, will be afforded to the student within ten (10) days.

Removal from Class - (Education Code Section 76032):  Any instructor may order a student removed from his/her class for the day of the removal and the next class meeting.  The instructor shall immediately report the removal to the President and the Vice President of Student Services.  The Vice President of Student Services will initiate contact with both the faculty member and the student to investigate an alleged violation of student conduct.  The student shall not be returned to the class during the period of the removal without the concurrence of the instructor. 

Withdrawal of Consent to Remain on Campus - (Education Code Section 66017) The College President, Vice President of Student Services or Campus Police (Penal Code Section 626.4) may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn for up to 10 days.  If the person is on campus at the time, he/she must promptly leave or be escorted off campus.   The Vice President of Student Services will initiate an investigation of a violation of student conduct.

Authority Levels

Vice President of Student Services- The Vice President of Student Services has been designated by the President to oversee this process, investigate violations, render sanctions, make referrals and/or initiate recommendations for Suspension or Expulsion.  Suspension and Expulsion recommendations may be accepted by the student or appealed through a Student Conduct Board, who then makes a recommendation to the President.  Any final decision for Suspension is made by the President; any final decision regarding Expulsion is rendered by the Board of Trustees. 

Based on the findings of an investigation, the Vice President of Student Services shall do one or more of the following:

  • Determine that there was no violation.
  • File the report for future reference.
  • Issue a written reprimand or warning to the student.
  • Impose other sanctions that do not involve removal (e.g., probation, restriction from involvement or presence, etc.)
  • Refer the student to a College or community agency for counseling or rehabilitative treatment.
  • Initiate suspension or expulsion proceedings.

Student Conduct Board – This group hears appeals to recommendations of Suspension and/or Expulsion.  It shall be composed of 2 administrators, 2 faculty members and 2 students.

The College President,  the President of the Faculty Senate, and the  president of the Associated Students shall each, at the beginning of the academic year, establish a list of persons who will serve on the Student Conduct Board.  The College President shall appoint the members from the names on these lists.  However, a member who has personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall recuse him or herself.

All decisions made by the Student Conduct Board are then forwarded to the President for a final determination. 

President- Within 5 days of receiving any recommendation from the Student Conduct Board the President will render a final decision if the recommendation is Suspension or inform both the Board of Trustees and the Student if the recommendation is Expulsion.

Board of Trustees (Education Code Section 72122).The Board of Trustees shall consider any recommendation from the College President for expulsion at the next regularly scheduled meeting after receipt of the recommended decision. Detailed process and timelines are provided on the website under “Suspensions and Expulsions”.

The Board of Trustees shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures. The student may, within forty-eight (48) hours after receipt of the notice, request that the hearing be held as a public meeting. Even if a student has requested that the Board consider an expulsion recommendation in a public meeting, the Board will hold any discussion that might be in conflict with the right to privacy of any student other than the student requesting the public meeting in closed session. The final action of the Board on the expulsion shall be taken in open session, and the result of the action shall be a public record of the College. The decision of the Board shall be final.

Definition:

Day – Days during which the District is in session and regular classes are held, excluding Saturdays and Sundays.

Adopted: October 2015

See BP #5500, AP #5520, and the Student Code of Conduct.

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