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Conduct
Policy
Introduction
The
California Education Code (section 66300) requires every community
college governing board to adopt specific rules governing student
behavior along with applicable penalties for violation of such rules.
Students
enrolling at College of the Canyons assume an obligation to abide by all
College regulations.
Grounds
for Disciplinary Action
- A
student may be disciplined for one or more of the following causes which
must be College/District related. This
list is not intended to be exhaustive , but are examples of good and
sufficient causes for disciplinary action.
- Any theft, conversion, or damage or destruction of and/or to
any property, real or personal, belonging to the College, a member of
the College staff, a student, or a campus visitor.
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Forgery, alteration or misuse of College documents, keys,
records or identification, or knowingly furnishing false information
to a college.
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Cheating, plagiarism, fabrication, and other forms of academic
dishonesty, and/or facilitating academic dishonesty.
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Physical or verbal abuse, including sexual assault, sexual
harassment and stalking, or any threat of force or violence directed
toward any member of the College or a campus visitor.
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Manufacture, use, possession, distribution, or being under the
influence of alcohol, narcotics, or other dangerous drugs on campus,
or off campus at any College-sponsored event.
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Unauthorized entry into, unauthorized use of, possession of, or
misuse of, College property.
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Disorderly, lewd, indecent, obscene or offensive conduct on
College-owned or controlled property or at College-sponsored or
supervised function.
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Possession or use of any firearms, explosives, dangerous
chemicals, or other potentially harmful implements or substances while
on the College campus or at a College-sponsored function without prior
authorization of the College President or designee.
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Failure to identify oneself to or failure to comply with
directions of College officials acting in performance of their duties
including, but not limited to, the provisions of the Penal Code
Sections 626.6 and 626.8.
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Obstruction or disruption, on or off campus, of the College's
education process, administrative process, or other College function.
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Violation of any order of the College President, notice of
which has been given prior to such violation and which order is not
inconsistent with any of the other provisions of this policy.
This notice may be given by publication in the College
newspaper, or by posting on an official bulletin board designated for
this purpose.
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Soliciting or assisting another to do any act which would
subject a student to expulsion, suspension, probation, or other
discipline pursuant to this policy.
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Abusive behavior directed toward, or hazing of, a member of the
College community.
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Any other cause not listed above which is identified as good
cause by Education Code Sections 76032 and 76033.
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Attempting to do any of the causes for disciplinary action
identified above.
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Abuse of computing facilities or computer time, including but
not limited to unauthorized entry into a file to use, read, or change
the contents or any other purpose; unauthorized transfer of a file;
unauthorized use of another individual’s identification or password;
use of computing facilities to interfere with the work of another
student, faculty member, or College official; and/or use of computing
facilities to interfere with a College computing system.
For specifics refer to the College of the Canyons Acceptable
Use Agreement.
The
following policies regulating student disciplinary actions are adopted
for the purpose of providing a uniform method of disciplining students
for misconduct, and assuring that all students are accorded fair and
objective treatment. Every effort shall be made to make the student
aware of these policies.
A.
Types of disciplinary Action (Sanctions)
The
following types of disciplinary action may be imposed, or imposed and
suspended, by appropriate College authorities when a student is found in
violation of College rules and regulations.
(1)
Warning
Notice
to the student that continuation or repetition of specified
misconduct may be cause for other disciplinary action.
(2)
Restitution
The
student is required to make payment to the College, or to other
persons, groups, or organizations for damages incurred as a result
of a violation of this policy.
(3)
Official Reprimand
A
written reprimand is for violation of specified regulations or
misconduct. It serves
to place on record that a student's conduct in a specific instance
does not meet with the student's expected performance at the
College. A person
receiving a reprimand is notified that continued conduct of the type
described in the reprimand may result in additional action against
the student. The
student is further informed that records of reprimands are destroyed
two years after the last entry has been made concerning disciplinary
action against an individual student and that such records are not
considered part of a student's permanent record at the College.
(4)
Disciplinary Probation
Disciplinary
probation is a status imposed by the College for a specific length
of time during which the student must conform to College standards
of conduct. Conditions
restricting privileges and/or eligibility may be imposed.
For example, students may be removed from all College
organization offices and denied the privilege of participating in
all College and student-sponsored activities, including public
Performances. Other
conditions, such as community service and academic workshops, may be
imposed. The term of
disciplinary probation shall be no less than one college month nor
longer than a college year. Repetition
during the probationary period of conduct resulting in disciplinary
probation may be cause for suspension or other, more stringent,
disciplinary action.
(5)
Removal by Instructor
An
instructor may remove a student from his/her class when the student
has interfered with the instructional process.
The duration will be for the day of the removal and the next
class meeting.
The
Instructor shall immediately report the removal to the Office of
Student Services for appropriate action.
(6)
Disciplinary Suspension
Disciplinary
suspension consists of the temporary removal of the student from
enrollment in the College for both academic and extracurricular
purposes. A student may
be Suspended from one or more classes for a period of up to ten (10)
days of instruction; from one or more classes for the remainder of
the school term; or from all classes and activities of the College
for one or more terms. A
suspended student is not to occupy any portion of the campus and is
denied all College privileges including class attendance and
privileges noted under "Disciplinary Probation."
(7)
Expulsion
Expulsion
consists of the permanent and unconditional removal of the student
from the College. Students
may be expelled from the College only by action of the Board of
Trustees upon recommendation of the Superintendent-President
(Education Code 76030).
(8)
Interim Suspension
Interim
suspension consists of temporary removal of the student from the
College for both academic and extra-curricular activities during the
limited time necessary to complete an investigation and is not
necessarily considered a disciplinary action.
Interim
Suspension shall be:
(a)
Imposed by the Superintendent-President of
the College, or designee, pending a hearing, only when such action
is deemed to be necessary for the immediate safety and welfare of
the students and staff members or for the protection of the District
property;
(b)
Limited to only that period of time necessary to assure that the
purposes of interim suspension are accomplished.
(c)
For not more than a maximum of ten (10)
College days.
Students
suspended on an interim basis shall be given an opportunity for a
hearing within ten (10) days. The
hearing will be held on the following issues: (a) the reliability of
the information concerning the student’s conduct, (b) whether the
conduct and surrounding circumstances reasonably indicate that the
continued presence of the student on campus poses a substantial
threat to the student or to others, or to the stability and
continuance of normal College functions.
This hearing does not preclude the initiation of regular
disciplinary action.
Students
are members of both society and the academic community with attendant
rights and responsibilities. Students
are expected to comply with the general law as well as College policies.
The procedures below apply to alleged misconduct of students on
campus, or at official College events off campus.
The
following procedures represent the steps that may be employed to reach a
resolution in cases of alleged misconduct.
The reader should note that each case is handled individually and
that while due process is always employed, some of the procedures
outlined below may not be necessary in every case.
Questions concerning these procedures should be addressed to the
Office of the Dean of Students.
Definition
of Terms
Student:
The term "student" means an individual for who:
- is enrolled in or registered with an academic program of the
College;
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has completed the immediately preceding term and is eligible
for re-enrollment, including the recess periods between academic
terms.
Notice:
Whenever this Policy requires giving notice to any student, mailing such
notice, to the mailing address most recently provided by the student or,
if undeliverable at that address, to the student's permanent address of
record, shall constitute notice.
Days:
For purposes of this Policy, the term "days" means normal
business days and shall not include Saturdays, Sundays, or
administrative holidays.
Student
Conduct Committee: This committee consists of
five members of the campus community who convene as needed to adjudicate
cases of misconduct. See
531.4 for additional information.
Due
Process
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Referral
of Cases:
Any
member of the campus community who has knowledge of alleged misconduct
of students may bring the matter to the attention of the Dean of Student
Services. The Dean may
require a written statement relative to the alleged misconduct.
The Dean of Student Services in consultation with the Academic
Senate will develop specific procedures to address alleged violations of
academic and/or classroom misconduct.
Referrals to the Dean of Student Services Office shall be made
within thirty days following the discovery of the alleged misconduct.
The President may grant exceptions.
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Investigation
and Notice to Student:
Upon
receiving notice of the alleged violation, the Dean of Student Services
(or designee) may consider information acquired from a complainant and
may augment that information through further investigation in order to
determine if there is cause to believe that a violation may have
occurred. In cases in which
the Dean (or designee) determines that there is not cause to believe
that a violation may have occurred, the Dean (or designee) may decide
that the case will not be pursued further.
If the allegation concerned academic and/or classroom misconduct,
the Dean will contact the complainant to explain his or her reasoning.
The complainant may appeal the decision to not pursue discipline,
within 10 working days, to the Vice President of Instruction and Student
Services.
The
Dean may refer the matter to other campus and/or community resources.
The Dean shall notify the accused student in writing of the
following:
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The nature of the alleged conduct in question,
including a brief statement of the factual basis of the charges; the
time, date, and place it is alleged to have occurred; and the campus
regulations allegedly violated; a copy of the student conduct procedures; and
that an interview with the Dean must be scheduled within seven (7)
days for the purpose of an initial hearing.
The student may waive the right to an initial hearing and
request that the matter be referred directly to the Student Conduct
Committee for a hearing.
(a)
Campus
Restraining Order (CRO):
- In
cases in which the Dean has a reasonable suspicion to believe that
an alleged violation of Policy 529.2(D) and/or 529.2(M) occurred,
the Dean may issue, in addition to the letter of notification, a
Campus Restraining Order (CRO).
The CRO shall prohibit named students from intentionally
contacting, telephoning, or otherwise disturbing the peace of others
specifically named for a specified period of time.
A CRO shall not include a provision that terminates the
accused student's status as a student, nor shall it be construed as
a finding of culpability on the part of any student.
Nevertheless, violation of a term or condition of such an
Order may be regarded as actionable misconduct and may subject the
student to disciplinary action without regard to the outcome of the
case that occasioned the issuance of the CRO.
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Placement
and Notice of Hold:
In
the event that the student does not contact the Dean of Student Services
Office within the seven (7) day period, or fails to keep any scheduled
appointment, the Dean may then place a Hold on the student's records and
notify the student that this action has been taken.
Such Hold will be removed only when the student either appears at
the Dean of Student Services Office for a scheduled interview, or
requests in writing that the case be referred to the Student Conduct
Committee for a hearing.
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Initial
hearing with the Dean:
The
Dean of Student Services (or designee) shall, at the initial hearing:
- Determine that the student has received a
copy of these procedures;
- Discuss confidentiality; inform the student
that the content of this and all subsequent communications with the
Office regarding information not relevant to the case shall, insofar
as allowed by law, be treated confidentially, unless such
confidentiality is waived by the student; and that information
relevant to the case may be divulged to those who have a legitimate
educational interest;
- Describe to the student as completely as
possible the allegation, and the College policies allegedly violated,
hear the student's defense to such charges and;
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Provide the student with an opportunity to inspect all documents
relevant to the case which are in the possession of the Dean at the
time of the hearing, and all such documents arriving after the initial
hearing but before disposition of the case by the Dean of Students;
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Provide the student with copies of the documents relevant to the case,
at the student's request; and
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Counsel the student regarding the campus discipline process as
appropriate.
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Students may be accompanied by any person(s) of their choice at the
initial hearing.
- Disposition
by the Dean of Student Services:
After
meeting with the student, the Dean (or designee) may take one of several
actions:
- Insufficient
Evidence:
If
the Dean concludes that there is insufficient evidence to sustain a
finding of culpability, he or she may decide not to refer the case to
the Student Conduct Committee. The
complainant may still attempt to resolve the matter through campus
and/or community resources.
In
cases of alleged violations of classroom and/or academic misconduct
the Dean will notify the complainant of this outcome (if allowed by
law). The complainant may
appeal this decision, within ten working days, to the Vice President
of Instruction and Student Services.
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Informal
Agreement of Resolution:
In
cases in which the Dean determines that an Informal Agreement of
Resolution is appropriate, the accused student will be informed that
this Resolution, while not a part of the student’s permanent record,
is binding. If the
student fails to abide by in the Informal Agreement of Resolution,
such failure will be regarded as actionable misconduct, under District
Policy 529.2(K), and may subject the student to disciplinary action by
the College. Each Informal Agreement of Resolution shall be regarded
as binding within the College and may include:
(a)
Direction by the Dean to the student to refrain from the behavior(s)
described by the Dean and/or restrictions regarding contact with
others involved in the case.
(b)
Required participation by the student in educational programs and/or
reconciliation processes, including mediation.
(c)
Required participation by the student as an unpaid volunteer in
activities that serve the College and/or community.
(d)
Retention of the case file and the Informal Agreement of Resolution
in the Dean of Students' Office for one year from the date appearing
on the Agreement. During
that year, should the Dean have a reasonable suspicion to believe
that the student has engaged in misconduct related in nature to the
conduct which occasioned the Agreement, both cases may be the
subject of College disciplinary action.
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Formal Disciplinary Action:
(a)
If the student does not admit culpability, and if the Dean concludes
that an Informal Agreement of Resolution is not appropriate, and
that there is sufficient evidence such that a Student Conduct
Committee could find, by a preponderance of the evidence, that the
student has violated College policy, the Dean shall refer the case
to the Student Conduct Committee for a hearing.
(b)
If the student does admit culpability, and if the Dean concludes
that there is sufficient evidence to sustain a finding of
culpability, the Dean may impose, or impose and suspend, one or more
of the sanctions listed in Santa Clarita Community College District
Policy 530 (excluding expulsion); moreover, the imposition of any
sanction may be effective retroactively.
No sanction involving separation from the College (i.e.,
Suspension or Expulsion) shall become official until five (5) days
from the date appearing on the letter confirming the Dean's
disposition. Regardless
of the action taken, the Dean shall confirm his or her disposition
of the case in a written notice mailed to the student within seven
(7) days of the action.
- Appeal of the Sanction Imposed by the Dean:
If
the Dean imposes a sanction of Suspension or recommends Expulsion, the
student may submit a written appeal of the imposed Suspension or
Expulsion to the President within five (5) days of the date appearing on
the Dean's written confirmation of his or her action.
The imposition of a sanction of Suspension shall be withheld
during such appeal. The
President's review of such appeal shall be in accordance with the
provisions set forth in Section 531.5, The President, below.
The President's decision is final.
- The
Student Conduct Committee
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The Student Conduct Committee shall provide a hearing for all cases
referred to it under this Policy.
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It is the intention of this Policy that hearings be set as soon as
reasonably possible after referral to the Student Conduct Committee.
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Hearings shall be held in accordance with generally accepted standards
of procedural due process, including, but not limited to, the
opportunity to present evidence in an orderly manner, and the right to
examine and cross-examine witnesses.
The student may be advised by any person of the student's
choice, at the student's own expense, however, the student must
represent him or herself. The
Committee Chair may grant exceptions (for example pending criminal
charges against the student). The
Committee Chair shall rule on all questions of procedure.
Evidence may be received of the sort upon which responsible
persons are accustomed to rely in the conduct of serious affairs, and
is not restricted to evidence admissible under the strict rules of
evidence of a court of law.
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When the hearing involves an allegation of rape, or other forms of
sexual assault, evidence of the complainant's past sexual history,
including opinion evidence, reputation evidence, and evidence of
specific instances of the complainant's sexual conduct, shall not be
admissible by the accused student unless the Committee Chair makes a
specific finding of relevance after an offer of proof by the accused
student. Under no
circumstances is past sexual history admissible to prove consent.
The offer of proof must be made and resolved by the panel
before the complainant testifies.
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No inference shall be drawn from the silence of the accused.
The standard of proof to be applied in these hearings is that
of a preponderance of the evidence.
Hearings shall be recorded and the student shall receive, upon
request, a copy of the record without charge.
The record may be an audio-tape recording of the hearing.
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The hearing shall be closed to spectators unless the student
specifically requests an open hearing.
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The Committee Chair has the right to exclude spectators from the
hearing room if deemed necessary for the quiet or secure conduct of
the hearing. When the
hearing involves an allegation of rape or other forms of sexual
assault, the hearing shall be closed to spectators except for the
following:
- The complainant shall be entitled, for support, to have up to two
persons of the complainant's choice accompany the complainant to the
hearing. A support
person may be called as a witness, and the fact that he or she is to
act as a witness shall not preclude that person's attendance
throughout the entire hearing.
If a support person is also a witness, the Committee Chair
may require him or her to testify before the complainant.
Neither of these persons shall be entitled to represent or
defend the complainant. Similar
rights shall be afforded the accused student.
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The complainant shall have the right to be present during the entire
hearing, notwithstanding the fact that the complainant is to be
called as a witness.
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Responsibility for Presentation of Cases:
1.
At the hearing, the accused student must represent
himself or herself (exceptions may be granted by the Committee Chair);
however he or she may receive advice, from any person at the
student’s own expense. An
advisor is not allowed to address the Committee directly and must
conduct him or herself in an appropriate manner.
2.
If the student wishes the Hearing Coordinator to direct
communications concerning the case to his or her advisor, as well as
to himself or herself, he or she must provide the Hearing Coordinator
with such a request, including the name and address of his or her
advisor, in writing.
3.
The College's representative shall be the
Dean of Students or the Dean’s designee.
The Dean may consult with Campus Attorneys.
- I.
Continuing Informal Resolution:
Until
the Student Conduct Committee makes its report to the President, any
agreement between the accused student and the Dean of Students as to the
disposition of the matter shall bind all parties and terminate all
proceedings.
- Reports to the President:
Within
fifteen (15) days after the conclusion of a hearing, the Committee Chair
shall submit a report advising the President of:
1. the Committee's specific finding of fact;
2. whether, in the opinion of a majority of the Committee the student has
violated one or more College policies; and
3. a recommendation of sanction, provided that prior to recommending any
sanction, the Committee and accused student are briefed by the Dean of
Students regarding sanctions imposed in similar cases, and any
previous cases of misconduct by the student on file with the Dean of
Student Services; and provided further that the Committee indicate the
rationale for such recommendation.
The President may grant an extension of time for submission of
the report for good cause shown and upon such terms as shall avoid
undue prejudice to the student. Any
member of the Committee may submit a minority report to the President.
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A copy of all reports required to be submitted to the President by this
Policy, including any minority reports, shall be sent to the accused
student, the Dean of Student Services, and the complainant (if allowed
by law), when transmitted to the President.
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The accused student shall have seven (7) days from the date appearing
on the Committee report in which to submit to the President any written
argument supporting the student's position.
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If an accused student does not meet with the Dean and/or does not
appear at the hearing, or has withdrawn from the College while subject
to pending disciplinary action, the case may proceed to disposition
without the student's participation.
The
President
A.
Decision by the President:
The
final decision regarding the case shall be made by the President
except in cases which:
1.
Are resolved by the Dean of Students, and no written appeal
is made by the student;
2.
Include a recommendation for expulsion.
B.
Bases for Decision:
The
President shall base his or her decision upon:
1.
the reports submitted by the Student Conduct Committee;
2.
counsel solicited from the Dean, regarding sanctions imposed in
similar cases, and any previous cases of misconduct by the student
on file with the Dean of Student Services Office.
C.
Sanctions:
The
President may decide to impose, or impose and suspend, one or more
of the sanctions listed in Section 530, with the exception of
expulsion (discussed below). The
President is not limited to those sanctions imposed by the Dean, or
to those recommended by the Student Conduct Committee, even though
such decision may result in an decrease of the student's penalty;
moreover, the imposition of any sanction may be effective
retroactively.
D.
Recommendation for Expulsion:
Should
the Dean, President, or President’s designee recommend a sanction
of expulsion the Santa Clarita Community College District Board of
Trustees will meet in closed session, unless otherwise requested by
the student, to affirm or alter the sanction. The Board is not
limited to the recommended sanction(s), and may impose an
alternative sanction, even though such decision may result in a
decrease of the student's penalty; moreover, the imposition of any
sanction may be effective retroactively.
Whether the matter is considered at a closed session, or at a
public meeting, the final action of the Board shall be taken at the
next public meeting and the result of such action shall be a public
record of the District.
F.
Discussion With Student:
If
the President deems it necessary or desirable, he or she may meet
with the student at any point to discuss the case.
The student may be accompanied by any person of his or her
choice at the student's own expense.
G.
Decision by the President:
Not
later than twenty (20) days after the date appearing on the written
appeal of the student; or the report of the Student Conduct
Committee, if any, whichever is latest, written notification of the
President’s decision shall be delivered to:
1.
the accused student;
2.
the Chair of the Student Conduct Committee, if the Committee heard
or reviewed the case and made a report to the President; and
3.
the Dean of Student Services.
The
President may also notify other parties of his or her decision.
The President may direct the Dean of Student Services, if there
is an institutional interest in doing so, and if such parties are
authorized to receive such information under the "Santa Clarita
Community College District Policy on the Disclosure of Information from
Student Records."
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