Santa Clarita Community College District

POLICY MANUAL

Policy: 531 - Student Affairs: DUE PROCESS - STUDENT DISCIPLINARY ACTION

Section: 500

Date Adopted: 06/10/1998 

531.1 Introduction

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 outlined in sections 531.2 through 531.5 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.

531.2 Definition of Terms

Student: The term "student" means an individual for who:

1.      is enrolled in or registered with an academic program of the College;

2.      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. 

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531.3 Due Process

A.    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.

531.1 Introduction

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 outlined in sections 531.2 through 531.5 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.

531.2 Definition of Terms

Student: The term "student" means an individual for who:

1.      is enrolled in or registered with an academic program of the College;

2.      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.

531.3 Due Process

A.    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.

B.    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:

1. 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)  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.

2. a copy of the student conduct procedures; and

3. 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.

C.   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.

D.   Initial hearing with the Dean:

The Dean of Student Services (or designee) shall, at the initial hearing:

1. determine that the student has received a copy of these procedures;

2. 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;

3. 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;

4. 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;

5. provide the student with copies of the documents relevant to the case, at the student's request; and

6. counsel the student regarding the campus discipline process as appropriate.

7. Students may be accompanied by any person(s) of their choice at the initial hearing. 

E.    Disposition by the Dean of Student Services:

After meeting with the student, the Dean (or designee) may take one of several actions:

1.     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.

2.     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.

3.      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.

F. 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.

531.4 The Student Conduct Committee

A. The Student Conduct Committee shall provide a hearing for all cases referred to it under this Policy.

B. It is the intention of this Policy that hearings be set as soon as reasonably possible after referral to the Student Conduct Committee.

C. 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.

D. 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.

E. 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.

F. The hearing shall be closed to spectators unless the student specifically requests an open hearing.

G. 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:

1. 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.

2. 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.

H. 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.

J. 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.

K. 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.

L. 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.

M. 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. 

531.5 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 Chancellor; 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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