BP 5500 Standards of Conduct - Board Policies, Chapter 5 Student Services
- Reference: Education Code Section 66300, 66301, 76033, 76034, 76937; Accreditation Standard II.A.7.b
- Board Approved: 11/09/05
- Amended: 05/11/11, 08/08/12
The President/Superintendent shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of the federal and state law and regulations.
The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions, including but not limited to the removal, suspension or expulsion of a student.
The Board shall consider any recommendation from the President/Superintendentfor expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting. Final action by the Board on the expulsion shall be taken at a public meeting.
The procedures shall be made widely available to students through the college catalog and other means.
Standards of Student Conduct and Discipline and Due Process Procedures
In joining the academic community at Ohlone College students have the right and share the responsibility to exercise the freedom to learn. Like other members of the academic community, students are expected to conduct themselves in accordance with standards of the College that are designed to perpetuate its educational purposes. These procedures are in accordance with California Education Code Section 66300, which requires each community college district to adopt standards of student conduct along with applicable penalties for violation.
The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.
- Students shall respect and obey civil and criminal law, and may be referred to law enforcement authorities for violation of laws of the city, county, state, and nation.
- A charge of misconduct may be imposed upon a student for violating provisions of Ohlone College regulations and the State Education and Administrative Codes as related to College attendance or while on College-owned or College-controlled property or at a College-sponsored activity (Education Code 76034). Examples of “cause” with respect to charges of misconduct are noted in Section 76033; authority for adoption of rules and regulations is noted in Education Code Section 76937. Violations of such codes and regulations, for which students are subject to disciplinary action, include, but are not limited to, the following:
- Dishonesty, such as cheating, plagiarism, or knowingly furnishing false information to the College;
- Forgery, alteration, or misuse of College documents, records, or identification;
- Obstruction or disruption of instruction, administrative processes, College activities, community services, disciplinary procedures, or other authorized College activities;
- Disrupting the peace or quiet or any part of the campus or a member of the academic community by unauthorized loud or unusual noises; or by threatening conduct such as verbal abuse, quarreling, or challenging to fight; or by fighting;
- Continued disruptive behavior; continued willful disobedience; habitual profanity or vulgarity; or the open and persistent defiance of the authority of College personnel or persistent abuse of College personnel;
- Causing, attempting to cause, or threatening to cause physical injury to another person;
- Committing any form of harassment as defined by law or by District policies and procedures;
- Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation or any other status protected by law;
- Engaging in intimidating conduct or bullying against another student through words or actions, including direct physical contact; verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying;
- Willful misconduct which results in injury or death to a student or College personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District;
- Theft or damage to property belonging to the College, a member of the College community, or a campus visitor; knowingly receiving stolen district property or private property on campus; any computer-related crime as identified by the California Penal Code (502[e]);
- Unauthorized entry to and/or use of College property;
- Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5;
- Willful or persistent smoking or other tobacco use in any area where smoking or tobacco use have been prohibited by law or by regulation of the governing board;
- Gambling on College property or College-controlled property;
- Violation of College policies or campus regulations concerning the registration of student organizations; the use of College facilities; or the time, place and manner of public expression;
- Failure to comply with lawful directions of College officials acting in performance of their duties;
- Possession or use of explosives, dangerous chemicals, or deadly weapons on College property or at a College function without prior authorization of the College President;
- Lewd, indecent or obscene conduct on District-owned or controlled property, or at District-sponsored or supervised functions;
- Engaging in expression which is obscene, libelous or slanderous; or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the District;
- Persistent, serious misconduct where other means of correction have failed to bring about proper conduct;
- Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure.
See Administrative Procedure #5500.