Solano Community College District Policies

Student Services Policies
Student Rights, Welfare and Conduct Standards
Series 5300 - 5420

Return to Series 5000 Full List

STUDENT CONDUCT AND DISCIPLINE 5300

POLICY:
When on campus or involved in off-campus activities sponsored by the College, students shall obey all civil and criminal laws. Students shall be subject to punishment for violations of the law in the same manner as all other citizens. Students shall also be required to obey the policies, rules and regulations adopted by the Governing Board and shall be subject to disciplinary action for violation of these District policies, rules and regulations.

REFERENCES/
AUTHORITY:
California Education Code, Section 66017, 66300-01, 76030-31, 76033, 76034-35, 76037
California Code of Regulations, Title 5, Section 41301
California Penal Code, Section 626.2
Business and Professional Code, Section 4240
California Health and Safety Code, Sections 11014.5; Chapter 2, Section 11053

GF:lg

BP5300

Executive Council Review: April 17, 2006
Shared Governance Review: October 11, 2006

ADOPTED: October 5, 1970
REVISED: March 1, 1971; December 3, 1986; October 18, 1995; February 7, 2001; November 1, 2006




SOLANO COMMUNITY COLLEGE DISTRICT
STUDENT SERVICES PROCEDURES

STUDENT CONDUCT AND DISCIPLINE 5300

Introduction

A student attending Solano Community College may rightfully expect that the faculty and administration will provide and maintain an environment in which there is freedom to learn.

Students shall respect and obey the civil and criminal laws and shall be subject to punishment for violation of the law in the same manner as other persons. Additionally, students shall obey the policies and the rules and regulations adopted by the Solano Community College District Governing Board, and shall be subject to discipline for violation of these policies and the rules and regulations of the District and the College.

Definitions

For the purpose of these Rules and Regulations, the following words and terms are defined as follows:

1. The term” Governing Board” shall mean the Governing Board of the Solano Community College District.

2. The word “District shall mean the Solano Community College District, a public community college district of the State of California.

3. The word “College” shall mean Solano Community College, a college operated and maintained by the Solano Community College District.

4. The term “College Review Board” shall mean the Solano Community College Review Board, an administrative agency of the College; organized and existing primarily to hear and decide on or recommend appropriate disciplinary action in cases brought before it under these Rules and Regulations.

5. The term “Superintendent-President” shall mean the Superintendent of the Solano Community College District who is the President of Solano Community College, or in his/her absence, the acting Superintendent/President.

6. The terms “Vice President,” or “Vice President of Student Services,” shall mean the Vice President of Student Services of the Solano Community College District or his/her designee.

7. The term “member of the College community: shall mean the District Trustees, the academic, support staff and administrative personnel of the District or College, the students of the College and any other person or persons while on District or College property or at a District or College function or activity.

8. The term “District property” shall include real and personal property owned, controlled, or in the possession of the Governing Board of the Solano Community College District, and the real or personal property of all District food service, retail and resident facilities, whether operated directly by the District, a District or College auxiliary organization, or an independent contractor of the Solano Community College District, and whether located at Solano Community College or elsewhere.

9. The term “deadly weapon” shall include human hands (when they are classified as lethal weapons), any instrument or weapon commonly known as a blackjack, slingshot, billy, nanchaku, sand club, sand bag, metal knuckles, any dirk, dagger, switchblade knife, pistol, revolver or any other firearm, any knife having a blade longer than five (5) inches, any razor with an unguarded blade, any metal or wooden pipe or bar, any chain, rock or stone, or any object or chemical used or intended to be used for the purpose of doing bodily injury to another person.

10. The term “day” shall refer to a college instructional day.

11. As used in this article, “good cause” includes, but is not limited to the following offenses:

a. Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.

b. Assault, battery, or any threat of force or violence upon a student or college personnel.

c. Willful misconduct which results in injury or death of a student or college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the district.

d. 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

e. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the Governing Board.

f. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct (California Education Code, Section 76033).

Grounds for Disciplinary Action

1. Failure to comply with the directions of District or College officers or employees acting in the performance of their duties; or violation of District or College policies or regulations.

2. Violating District regulations concerning the registration of student organizations, use of College facilities, and the time, place, or manner of public expression, distribution of leaflets, pamphlets or other materials.

3. Academic dishonesty, such as cheating or plagiarism.

4. Forgery, alteration, misuse, misappropriation or theft of College papers, documents, records or identification, or knowingly furnishing false information to the District or College or its officers or employees.

5. Disruption or obstruction of classes, meetings, disciplinary proceedings, or other authorized functions or activities of the District or College, whether conducted on the Solano Community College campus or elsewhere including, but not limited to, the use of headsets, walkmans, cellular telephones or pagers in the classroom.

6. Abusive behavior directed toward, or hazing of, a member of the campus community on or off campus property, including verbal abuse, harassment, intimidation, or the threat of abuse, to the person or property of any member of the campus community, or of members of his or her family.

7. Engaging in disorderly conduct, habitual profanity or vulgarity, gambling, lewd, indecent, obscene or offensive behavior on District-owned or controlled property or at any District or College-sponsored or supervised function or activity.

8. The unlawful sale, possession, use or distribution of any drug or substance controlled by state or federal law on District- or College-controlled property or at any District- or College-sponsored or supervised function. Such drugs or substances include but are not limited to legally controlled hallucinogenics, narcotics, depressants, stimulants, marijuana and its products, toluene, and alcoholic beverages. This regulation does not apply to lawful possession of prescription drugs by the person named on the prescription or possession of contraband drugs or substances by peace officers and College instructors for use as evidence or teaching aids.

9. Theft of, or intentional damage to, campus property, or property in the possession of, or owned by, a member of the campus community; theft of software by copying; unauthorized entry into, unauthorized use of, or misuse of campus property to include “computer piracy,” which is unauthorized entry into information which is campus property.

10. Illegal operation of a motor vehicle on the Solano Community College campus.

11. Knowing possession or use of explosives, dangerous chemicals or deadly weapons on campus property or at a college function.

12. Violation of any order of the Superintendent/President, notice of which had been given prior to such violation and during the academic term in which the violation occurs, either by publication in the campus newspaper, or by posting on an official bulletin board designated for this purpose, and which order is not inconsistent with any of the other provisions of this Section.

13. Soliciting or assisting another to do any act which would subject a student to expulsion, suspension or probation pursuant to this Section.

14. Littering on campus property including grounds, facilities and parking lots.

15. 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.

Types of Disciplinary Action

The types of discipline which may be imposed for violations of the policies or the Rules and Regulations of the District or College are the following:

1. Official Warning. An official warning is a written notice from the Vice President of Student Services or a designee of the Superintendent/President to the student that specified conduct may result in other disciplinary action. Written official warnings shall not be made a part of the student’s permanent record.

2. Reprimand. A reprimand is a written notice of the violation of specific rules from the Vice President or a designee of the Superintendent/President. A student receiving a reprimand is notified that continued conduct of the type described in the reprimand may result in more severe disciplinary action against the student. A copy of the reprimand shall be placed in the student’s permanent record.

3. Social Probation. Social probation consists of the exclusion of the student from participation in specified or all extra-curricular College activities. Extra-curricular College activities are defined as College-related activities for which the student receives no academic credit. The written notification of social probation shall set forth the reason or reasons for the imposition of this disciplinary action, the activities to which the exclusion applies, and the length of time for which it is to be imposed. Social probation shall be imposed for a period not to exceed one (1) semester by the Superintendent/President or his/her designee. A copy of the written notice of social probation shall be served on the student and shall be placed in the student’s permanent record.

4. Restitution. Restitution consists of the reimbursement for damages or misappropriation of District property, the property of a member of the College community, or of a visitor on the Solano Community College campus. Reimbursement may take the form of appropriate personal services to repair, restore or otherwise compensate for the damage or injury done, and may be made a condition of continued attendance at the College. Imposition of restitution and the determination of the amount of restitution shall be done by the Superintendent/President or his/her designee.

5. Suspension by Teacher. The adopted rules of student conduct may authorize an instructor to remove a student from his or her class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the Vice President of Student Services for appropriate action.

If the student removed by an instructor is a minor, the college president or the president’s designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the instructor or the parent or guardian so requests, a college administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the instructor of the class.

6. Emergency/Summary Suspension. An emergency/summary suspension is an immediate suspension imposed upon a student “for good cause,” limited to that period of time necessary to insure that the purposes of the suspension are accomplished, and in no case for more than ten (10) days.

An emergency/summary suspension may be imposed only by the Superintendent/President or the Vice President of Student Services. The emergency/summary suspension is an extraordinary measure imposed without an immediate hearing and shall be utilized as a means of relieving tension of the student body or an individual class due to a serious infraction of the student conduct standards, removing a student for the good order of the College or for the purpose of making or completing an investigation into allegations of student misconduct or removing a student whose presence is preventing or hindering the continued normal operation of the College or the College community. The emergency/summary suspension of a student shall be accompanied by a hearing conducted pursuant to the requirements of California Education Code, Section 66017.

An emergency/summary suspension shall be reported to the Governing Board at its next regular meeting after such suspension has been imposed, and a copy of the suspension may be placed in the student’s permanent record, at the discretion of the Superintendent/President or the Vice President of Student Services.

7. Disciplinary Suspension. Disciplinary suspension “for good cause” is the exclusion from the campus and other privileges or activities as set forth in the Notice Of Suspension for a definite period of time by the Superintendent/President upon recommendation of the Vice President of Student Services. A student may be temporarily suspended, “for good cause” (a) from one (1) or more classes for up to ten (10) days of instruction; (b) from one (1) or more classes from the remainder of the school term; (c) from all college classes and activities for one (1) or more terms.

The Superintendent/President shall report a disciplinary suspension of any student by him/her to the Governing Board at its next regular meeting after the suspension has been imposed. A copy of the suspension notice, including the reasons for the suspension, shall be placed in the student’s permanent record.

8. Disciplinary Probation. The imposition of disciplinary suspension may be stayed by the Governing Board, and the student shall thereupon be placed on disciplinary probation for a reasonable period of time not exceeding the close of the semester in which it is imposed and upon specified terms of probation. The terms of probation shall bear a reasonable relationship to the violation committed by the student and his/her disciplinary record. The student may accept or reject the probation. If the student rejects the probation, the disciplinary suspension shall be immediately imposed. Disciplinary probation shall be granted in conjunction with disciplinary suspension, and only after giving of notice and a hearing in accordance with the rules and regulations set forth in these Procedures. Should the student violate one or more of the terms of the probation during the probational period, the Vice President, upon his/her determination that a violation has taken place, may, at his/her discretion, immediately terminate the probation and place the disciplinary suspension in effect by notifying the student of his determination and the action taken. The Vice President of Student Services shall also immediately notify the Superintendent/President of his/her action and a copy of the suspension notice, including the reasons for the suspension, shall be placed in the student’s permanent record. The Superintendent/President shall notify the Governing Board of the action taken at the next regular Board meeting after the action has been taken.

9. Expulsion. An expulsion “for good cause” is a permanent termination of student status with readmission to the College upon the express approval of the Governing Board (California Education Code Section 76030). A student may be expelled only by the Governing Board after notice has been given and a hearing conducted in accordance with the procedures set forth in the Student Disciplinary Procedures section of these Procedures. The Governing Board shall expel students for misconduct whenever other means of correction have failed to bring about proper conduct or when the seriousness of the situation warrants such disciplinary action. A copy of the expulsion notice, including the reasons for the expulsion, shall be placed in the student’s permanent record.

Student Disciplinary Procedures

1. The Vice President of Student Services shall administer these procedures and take appropriate action, subject to the approval of the Superintendent/President and the Governing Board as required herein or as otherwise required by law.

2. Disciplinary action taken under these procedures may be taken regardless of anticipated, pending or completed civil or criminal proceedings arising out of the same act or event.

3. Alleged student misconduct shall be reported to the Vice President of Student Services and when reported to or discovered by him/her, the Vice President of Student Services shall initiate an investigation of the charges. Should the Vice President of Student Services deem it appropriate to pursue charges against the student, he/she shall arrange a meeting with the accused student, at which time the student shall be informed that an investigation is being conducted.

A student shall have the right to initiate a meeting with the Vice President of Student Services, at which time he/she may request an investigation of the matter and a hearing.

4. When the student is informed of the charges against him/her, his/her parent or guardian shall be notified if the student is a minor. The student may request a hearing before the Vice President of Student Services or the College Review Board.

5. The Vice President of Student Services shall set the time, date, and location for a hearing. The hearing shall be held within ten (10) working days of the suspension.

Should the student fail to request a hearing, the Vice President, after due investigation and deliberation, shall proceed to impose whatever disciplinary action he/she deems appropriate or recommend appropriate action to the Superintendent/President.

If the student requests a hearing, he/she shall be afforded one of the following options:

a. A hearing before the Vice President of Student Services, or

b. A hearing before the College Review Board. (For a description of College Review Board see page 13.)

5. Proceeding under Option 4.a., where a student requests a hearing before the Vice President of Student Services:

a. The Vice President of Student Services, or the designee of the Superintendent/President, shall discuss the accusation with the student. The Vice President of Student Services and the student or his/her representative shall have the right to call, examine, and cross-examine witnesses. The Vice President of Student Services then may consider any relevant evidence or information presented in the matter, take or recommend disciplinary action if appropriate, and inform the student that if he/she disagrees with the disciplinary action, he/she may appeal to the Superintendent/President for review of the disciplinary action by so informing the Vice President in writing at that time.

b. In any case where disciplinary suspension is recommended by the Vice President of Student Services, the action shall be reported to the Superintendent/President within ten (10) working days. The Superintendent/President shall either approve or disapprove the action within five (5) working days. If the Superintendent/President approves, he/she shall impose disciplinary suspension.

c. The Superintendent/President, at his/her discretion, may stay the disciplinary suspension, if he/she feels that the staying of such will not endanger any individual or the College.

d. If after notification, the student fails to appear at the hearing before the Vice President of Student Services, the Vice President may declare the student in default, and proceed as if the student were present at the hearing.

e. Hearings on recommendations of expulsion shall be scheduled before the Governing Board by the Superintendent/President. Appeals concerning other forms of disciplinary action shall be directed to the Superintendent/President for disposition.

6. Proceeding under Option 4.b., where the student requests a hearing of the accusation before the Solano College Review Board:

a. The Vice President of Student Services shall schedule a meeting of the College Review Board at the earliest possible time.

b. The Vice President of Student Services shall provide the student and the College Review Board with a written statement of the charges against the student, by whom made, and any other relevant information.

c. The Vice President shall have the proceedings of the College Review Board recorded at the meeting, either stenographically or electronically, and any such record shall be maintained for a period of three (3) years.

d. The hearing before the College Review Board shall be conducted in a manner conducive to the determination of the truth. It is not contemplated or required that the hearing be conducted with the formality of a legal proceeding.

e. At the hearing, the Vice President of Student Services shall first present any relevant evidence in his/her possession regarding the alleged misconduct; the accused student may then present any relevant evidence which he/she may have. The Vice President of Student Services and the student or his/her representative shall have the right to call, examine, and cross-examine witnesses. Written statements, if any, shall be submitted under penalty of perjury. The student may select a representative to assist him/her in his/her presentation before the College Review Board. If the student fails to appear at the time and place designated for the hearing, the College Review Board may proceed in his/her absence, declaring him/her to be in default.

f. After submission of all relevant evidence, the College Review Board shall immediately meet in private, and based upon the evidence presented to it, determine the truth of the charges and the disciplinary action, if any, to be imposed upon the student. Upon reaching its decision, the College Review Board shall reconvene and announce its decision and recommend the appropriate disciplinary action.

g. The Vice President of Student Services and the student shall be given written notice of the decision of the College Review Board and the discipline recommended to be imposed within 5 (five) working days. The Vice President shall implement such disciplinary action, except as provided in the following paragraph of this section.

h. If the recommended disciplinary action involves disciplinary suspension, the College Review Board shall forward the findings of fact to the Superintendent/President within 5 (five) working days. If the Superintendent/President concurs in the recommendation, he/she shall impose disciplinary suspension. If he/she disapproves, he/she shall so advise the College Review Board within 5 (five) working days.

Any student who has had a recommendation of disciplinary suspension imposed against him/her has the right of appeal to the Superintendent/President. The Superintendent/President, at his/her discretion, may stay the disciplinary suspension, if he/she feels that the staying of such will not endanger any individual or the College.

If the proposed disciplinary action recommended is expulsion, the Superintendent/President shall initiate proceedings before the Governing Board, as set forth in Paragraph 8 of this section.

If, at the conclusion of the hearing before the College Review Board, the student wishes to appeal the discipline imposed or recommended, he/she shall immediately so inform the Vice President of Student Services in writing. Appeals concerning expulsion shall be scheduled for hearing before the Governing Board by the Superintendent/President. Appeals concerning other forms of disciplinary action shall be directed to the Superintendent/President for disposition.

7. Notwithstanding the foregoing procedures set forth in Paragraph 5, the Superintendent/President may summarily suspend or authorize the Vice President of Student Services to summarily suspend any student at any time when he/she deems it necessary for the welfare of the College or in the best interests of the District. The Superintendent/President shall report a summary suspension of any student under this Paragraph 7, to the Governing Board at its next regular meeting after such discipline has been imposed. The emergency/summary suspension of a student shall be accompanied by a hearing conducted pursuant to the requirements of California Education Code, Section 66017.

8. Procedures Before the Governing Board:

a. If the Superintendent/President, his/her designee, the Vice President of Student Services or the College Review Board, recommends expulsion, then the matter must be brought before the Governing Board for a hearing, in accordance with these procedures.

b. Prior to the Governing Board’s hearing of an expulsion, the Superintendent/President shall deliver a written statement to the President of the Governing Board, and to the accused student and his/her parent or guardian, if the student is a minor or the accused student alone, if he/she is an adult. This written statement shall be delivered either personally or by certified or registered mail, and contain the following information:

(1) A recitation in sufficient detail to apprise the accused student of the charge or charges against him/her.

(2) The date, time and place of the meeting of the Governing Board at which the matter shall be considered, and the date shall not be less than ten (10) days from personal delivery or mailing of the written statement to the accused student. The hearing shall be conducted in closed session of the Governing Board unless the student submits a written request for an open hearing to the Superintendent/President at least seven (7) days in advance of the scheduled hearing. The student must also notify the Superintendent/President at least seven (7) days in advance of the scheduled hearing if he/she intends to attend the hearing.

(3) A recitation that the student may be represented at the hearing by legal counsel, if so desired. If the student is to be represented by legal counsel, he/she must so notify the Superintendent/President of that fact at least seven (7) days prior to the date of the scheduled hearing.

(4) A recitation of the privilege of the student and/or the parent or guardian to employ the services of a shorthand reporter or stenographer at his/her or their own expense to record the hearing.

(5) The Superintendent/President shall have a written summary of the hearing transcribed into the minutes of the meeting of the Governing Board, and if the hearing is conducted in closed session, these minutes shall be transcribed and kept in a separate closed session minutes book not open to the public inspection.

c. After the hearing has been declared open, the Vice President of Student Services shall make a statement and present any relevant evidence and information, either oral or documentary, which he/she has in his/her possession. The Vice President of Student Services shall, if the matter has been heard by the College Review Board, present a copy of the College Review Board proceedings on the findings of fact. Upon conclusion of the Vice President of Student Services’ presentation, the student and/or parent or guardian, and/or their legal counsel, may make a statement and present any relevant evidence or information, either oral or documentary, which he/she or they may possess. Each side shall also have the opportunity to offer rebuttal evidence. If after notification the student fails to appear at the hearing before the Governing Board, the Governing Board may declare the student in default and proceed as if the student were present at the hearing.

d. A prospective witness must either be sworn, or affirm to tell the truth. In the absence of both, the Governing Board may deny him/her the right to testify, or may proceed with the hearing, giving consideration to this fact when deliberating the testimony. Witnesses shall be subject to cross-examination by the other party, and inquiry of the members of the Governing Board. Written statements of absent witnesses shall be received only if submitted as affidavits or declarations under penalty of perjury.

e. Upon hearing all relevant evidence and information submitted, any final statements of the Vice President of Student Services, and/or the student, parent or guardian (if the student is a minor), and/or their counsel, the Governing Board shall confer in private and consider the evidence presented and reach its determination in the matter. When these deliberations are completed, the Governing Board shall reconvene in open, public session and announce its decision by recording a vote on the matter into the minutes of the meeting which shall be open to public inspection.

f. The Governing Board may receive any relevant evidence or information at the hearing and is not required to adhere to the technical rules set forth in the Evidence Code of the State of California or those pertaining to administrative adjudication as set forth in the Governing Code of the State of California; however, these rules may be used as a guide for receiving evidence and information at the hearing.

g. Within ten (10) days after the Governing Board takes its final action, the Superintendent/President shall deliver to the student and/or the student’s parent or guardian, if the student is a minor, or the student alone, if he/she is an adult, either in person or by registered or certified mail, a letter setting forth the final action of the Governing Board, and a copy shall be filed in the student’s permanent record and in the files of the Governing Board. If the Governing Board expels the student, the Vice President of Student Services shall proceed to implement the disciplinary action as soon as practicable, unless otherwise ordered by the Governing Board.

h. In any case where the Governing Board imposes expulsion based upon the student’s having disrupted the orderly operation of the College, the Governing Board, as a part of its final action, may deny the expelled student access to the College campus. If such condition is imposed by the Governing Board, the letter of notification required to be given by Paragraph 8.h. of this Section shall contain a statement of such condition and its duration.

i. The College shall retain records of all disciplinary investigations, proceedings, and action.

College Review Board

1. The membership of the Solano College Review Board shall be as follows:

a. Students. Three (3) students each appointed to an annual term by the Student Senate of the Associated Students of Solano Community College for a one (1) year term, and who shall be appointed not later than the third week of the fall semester.

b. Faculty. Three (3) certificated staff members each appointed by the Academic Senate for a one (1) year term, and who shall be appointed not later than the third week of school the fall semester.

c. Classified. Three (3) classified employees appointed by the CSEA/Operating Engineers President for a one (1) year term, and who shall be appointed not later than the third week of the fall semester.

d. Administration. A member of the administrative staff of the College shall be appointed by the Superintendent/President for a one (1) year term, and said member shall serve as Chairperson of the College Review Board.

Should the Academic Senate or the Student Senate fail to appoint or should the appointed members be unable or unwilling to serve, then the Superintendent/President shall appoint alternates.

2. As an administrative agency of the College, the College Review Board shall be responsible to the Superintendent/President for acting, reviewing, and making recommendations relative to matters brought before it in accordance with the procedures outlined in these Rules and Regulations.

3. The Chairperson of the College Review Board shall convene a meeting of the Board at the earliest possible opportunity after appointment of the student and faculty members in the fall semester of each school year for the purpose of orientating the members to the responsibilities and duties of the College Review Board and the procedures under which it shall function and operate.

4. The Superintendent/President shall appoint a temporary College Review Board, pending the constitution of the permanent Board.

GF:lg

BP5300procedures

Executive Council Review: April 17, 2006
Shared Governance Review: October 11, 2006