Student Code of Conduct

Standards of Student Conduct

The following is an abbreviated version of the complete document which can be accessed here.

The College reserves the right to take any necessary and/or appropriate steps to protect the safety and well-being of the college community. While the jurisdiction of the College shall generally be limited to conduct which occurs on College premises or at College-sponsored events, a student who is charged with a felony as a result of off-campus behavior, or who represents a risk to the health or safety of the college community, or whose conduct causes or is foreseeably likely to cause a material and substantial disruption of school, may also be subject to student conduct action. In addition, the jurisdiction may be extended when a student, or a student organization, commits a prohibited act off campus against a student or employee of the College, or against the College itself, when such act is related to the student's or victim's status at the College.

The College maintains its firm commitment to providing reasonable accommodations as required by applicable law to students certified with disabilities, and such students are encouraged to discuss with SAS (Student Accessibility Services) any concerns they have about the requirements set forth within these Standards of Student Conduct. When appropriate, the College will give consideration to whether a conduct violation directly related to a student's disability could have been mitigated by reasonable accommodations. However, it is important to understand that the Standards of Student Conduct described here and the associated Student Discipline Procedures will be applied to all students equally to the full extent allowed by applicable law, based exclusively on behavior and conduct.

Although not all-inclusive, the following actions, activities and behaviors are expressly prohibited. 

Definitions

  • College - all of the Ohlone Community College District including the Fremont and Newark campuses, the e-campus and any other premise utilized by Ohlone College.
  • College official - any person employed by the College performing assigned administrative or professional responsibilities.
  • College premises - all buildings or grounds owned, leased, controlled or supervised by the College.
  • College-sponsored activity - any activity on or off campus that is initiated, aided, authorized or supervised by the College.
  • Complaint - a report, formal or informal, that is made by or on behalf of an alleged victim of harassment by a student in violation of the College's harassment policy and procedure, or other violation of College policy.
  • Day - a "day" is defined as a day during which the College is in session and regular classes are held, excluding Saturdays and Sundays.
  • Distribution - any sale, giving, or exchange with or without personal profit.
  • Faculty member - any full-time or part-time instructor, counselor, or librarian employed by the College.
  • Knowing conduct - conduct one undertakes with reasonable awareness.
  • Report - an allegation that a student has violated the Student Code of Conduct.
  • Respondent - a student or student group charged by the College with a violation of the Standards of Student Conduct.
  • Student - a person either enrolled in or auditing credit or non-credit courses at the College, on either a full or part-time basis.
  • Student Group - also referred to as a "student organization," a student group, organization, club or other student body that is registered with the College, identifies itself as an Ohlone student group, and/or receives funding from the College.
  • Victim - A person who has been harmed or attacked or whose property has been damaged or lost through the misconduct of a student or student organization. This may include non-physical misconduct such as threatening or intimidating behavior and discriminatory behavior. The determination of whether an individual is considered a victim, for the purposes of this document, will be made by the Vice President of Student Services and/or the Associate Vice President of Human Resources depending on the nature of the misconduct. 

In all cases the terms "will" and "shall" are used in the imperative sense. 

Standards of Conduct

See the Student Code of Conduct document pages 5-8 for complete description of each standard.

Students may be held accountable to both civil and criminal authorities and to the College for acts that constitute violations of the law and these Standards of Student Conduct. The College may proceed with the student discipline process while any criminal proceedings are in progress, and will not be subject to a challenge based upon the grounds that criminal charges connected with the same incident are pending, have been dismissed, reduced, resolved in favor of or against the criminal law defendant, or withdrawn. Any acts of student misconduct that the College deems to also be violations of criminal law shall be reported to law enforcement authorities. 

  • Academic Dishonesty - for more information see AP 5501
  • Disruptive Behavior
  • Threatening or Intimidating Behavior
  • Harassment
  • Sexual Harassment
  • Sexual Misconduct or Crimes
  • Endangerment of Others
  • Possession or Use of Weapons
  • Safety Equipment Tampering
  • Damage or Destruction
  • Theft
  • Unauthorized Recording
  • Unauthorized Entry Upon Or Use of College Facilities
  • Unauthorized Technology Usage
  • Smoking - see AP 3570
  • Alcohol
  • Controlled Substances, Paraphernalia and Poisons
  • Gambling
  • Unauthorized Animals
  • Traffic / Parking Violations - see AP 6750
  • Skates / Skateboards
  • Non-compliance and Misconduct
  • Conduct Process Abuse
  • Legal Violations
  • Lewd, Indecent or Obscene Conduct
  • Willful Disobedience
  • Willful Misconduct

Student Discipline Process: Investigation & Determination 

See the Student Code of Conduct document pages 13-16 for more information. 

Any alleged violation of the code of student conduct must be made in writing and provided to the Vice President of Student Services or the President’s designee for consideration and action. A form is provided for this purpose, but Campus Police report or other written form is also acceptable. Any individual (student, faculty or staff) bringing forward a charge associated with threats, harassment, sexual misconduct (including sexual assault, dating violence, domestic violence, and stalking) or other violence will be informed of victims' rights and may prepare a written statement, in addition to that individual's factual summary, describing any outcome that they wish to see as a result of the College’s investigation

1A. Initial Review

The Vice President of Student Services or President’s designee will conduct a prompt initial review of the alleged violation(s) of the Standards of Student Conduct in order to determine whether sufficient conditions exist to impose an interim suspension or other interim measures pending a full investigation. Interim measures are steps taken while a discipline proceeding is pending in order to preserve the integrity of the investigation, the smooth operation of the College, and/or the safety of any alleged victims. Interim measures may be imposed at any point during the review, investigation and discipline processes.  

This initial review shall include an interview of the student and the individual(s) alleging the violation, if practicable. Interim measures are appropriate where the allegations, if true, include violence or threats of violence, harassment, destruction of personal property, and/or intimidating behavior toward specific individuals such as sexual misconduct, stalking, bullying or hazing.

 

1B. Interim Measures

Interim measures are taken without a finding of wrongdoing and do not constitute evidence that the student is guilty of the conduct charged. 

  • Removal from class - an instructor may remove a student from class for the remainder of the class period and the next class meeting (CA ed code 76032). Instructor will report immediately to the academic dean, the Vice President of Student Services and the President. 

 

  • Withdrawal of Consent to Remain on Campus - a directive issued by the President that a student may not be present on campus for a period of up to fourteen (14) days. 

 

2. Investigation

The Vice President of Student Services or President’s designee will oversee the conducting of a fair, thorough and timely investigation of the allegations. The information for a thorough investigation may come from a range of sources, including: reports from faculty, staff, administrators, students, or others who directly observe the behavior; requests from faculty to impose discipline; formal or informal complaints from employees, students or the community; and the student’s relevant records such as prior disciplinary and academic history (if any). The scope of the investigation will depend on the severity and complexity of the allegations. At his/her discretion, the Vice President of Student Services or President’s designee may engage the services of an outside investigator.  

At a minimum, the investigation shall afford the accused student(s) and accusing witness(es) the opportunity to be interviewed and provide information to the investigator.

3. Action upon Conclusion of Investigation 

The Vice President of Student Services or President’s designee shall determine the appropriate action, based upon whether he or she finds that there has been a violation of the Student Code of Conduct, and if so, the seriousness of the violation. Other factors that the Vice President of Student Services or President’s 
designee may consider in determining the appropriate action may include such things as the availability of witnesses and documentary evidence, mitigating or exacerbating factors, consistency with similar situations, and whether the College has a legal duty to remediate a hostile work or education environment. Based on the findings of the investigation, the Vice President of Student Services or President’s designee shall do one or more of the following:

  • Determine that there was no violation or the facts are inconclusive as to whether there was a violation.
  • File the report for future reference in the Office of Student Services’ administrative files.
  • Issue a verbal or written reprimand to the student or other corrective action.
  • Impose discipline that does not involve removal (e.g. probation, restitution, etc.)
  • Refer the student to a College or community agency for counseling or rehabilitative treatment.
  • Initiate suspension or expulsion proceedings. 

Student Discipline Process: Actions & Sanctions

See the Student Code of Conduct document page 14 for more information. 

Action less than Short-term Suspension

After completing the investigation and in consultation with the appropriate administrators, as needed, if the Vice President of Student Services makes a determination that the violation did not rise to the standard of long-term suspension or expulsion, a determination will be made and lesser sanctions may be imposed. The respondent(s) will be informed in writing of the findings, any action taken, and closure of the investigation. 

Sanctions less than short-term suspension include:

  • No Discipline 
  • Warning
  • Disciplinary Probation, with or without loss of privileges
  • Temporary removal from campus and withdrawal of consent

Action to impose Short-term Suspension or Recommend for Long-term Suspension / Expulsion

If the respondent is a minor, the parent(s) or guardian(s) will also be notified and be able to attend meetings and hearings.

Written Notice - respondent will receive notice including specific violation, statement of fact supporting accusation, relationship to college activity, sanctions being considered, copy of the discipline procedure. 

Meeting - respondent will be afforded a meeting with the Vice President of Student Services no later than 5 days after notice is provided. 

Within ten (10) days after the meeting date described above, the Vice President of Student Service will render a decision act in one of the following ways:

  • impose short-term suspension - including length of time
  • recommendation to President to consider long-term suspension and/or expulsion

Action to Recommend Long-term Suspension or Expulsion

Within five (5) days after the meeting date described above, written notice of the College President shall decide whether to impose long-term suspension or recommend expulsion.

Respondent will be informed in writing, including the right to a formal hearing and a copy of the policy describing the procedures for a hearing.  

The hearing procedures for Long-term Suspension and Expulsion are outlined on pages 17 - 24 of the Student Code of Conduct.

For additional information about Discipline and the Student Code of Conduct, please contact:

Office of the Vice President, Student Services
Voice: 510-659-6262
Video Phone: 510-270-4468
 
43600 Mission Boulevard
Fremont, CA 94539
Building 7, 7249