For the purpose of these Rules and Regulations, the following words
and terms are defined as follows:
A. “Student" shall mean all persons enrolled in any courses at
the campus/centers in the district, regardless of where courses are
taught, whether they are enrolled full-time or part-time, for credit
or non-credit or not-for credit or contract education, and whether or
not s/he is planning to earn a degree, certificate of achievement or
other certification. Persons who are enrolled in online or hybrid
courses are also considered 'students'. Persons who are not
officially enrolled for a particular term, but who have been admitted
to the college and enroll in courses from time to time, and have a
continuing relationship with the college are considered 'students'.
B. "Governing Board” shall mean the Governing Board of the San
Francisco Community College District.
C. “District” shall
mean the San Francisco Community College District, including but not
limited to its administrative staff and each of its colleges.
D. “College” shall mean a college operated and maintained by
E. “Member of the College Community” shall
mean the District Trustees, the academic, support staff, and
administrative personnel of the District, the students of the District
and any other person while on District or college property or at a
District or college function or activity.
F. “Day” shall
refer to a college instructional day unless otherwise noted.
G. “Good Cause” includes, but is not limited to the following offenses:
1. 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.
2. Assault, battery, or any threat of force or violence upon a
student or college personnel.
3. 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.
4. Use, sale, or
possession on campus of, or presence on campus under the influence of
any controlled substance, or any poison classified as such by Schedule
D in section 4160 of the Business and Professions Code.
5. Willful or persistent smoking in any area where smoking has been
prohibited by law or by regulation of the Governing Board.
6. Persistent serious misconduct where other means of
correction have failed to bring about proper conduct.
Other behavior that has grounds for disciplinary action.
Grounds for Disciplinary Action
A. Students shall conduct themselves consistent with the Student Code
of Conduct while on campus or participating off campus in online or
hybrid courses, or at college sponsored events or programs, including
but not limited to field trips, student conferences, debate
competitions, athletic contests, club-sponsored events, and
international study programs, regardless of location. Students shall
also conduct themselves consistent with the Student Code of Conduct in
any matter related to school activity or attendance. Students shall
be suspended or expelled only for good cause.
Misconduct that constitutes grounds for disciplinary action includes,
but is not limited to:.
1. Acts of academic dishonesty, including, but not limited to,
cheating, tampering, fabrication, plagiarism, or assisting others in
an act of academic dishonesty. Cheating is defined as unauthorized
copying or collaboration on a test or assignment, or the use or
attempted use of unauthorized materials. Tampering is defined as
altering or interfering with evaluation instruments or documents.
Fabrication is defined as falsifying experimental data or results,
inventing research or laboratory data or results for work not done, or
falsely claiming sources not used. Plagiarism is defined as
representing someone else's words, idea, artistry, or data as ones'
own, including copying another person's work (including published and
unpublished material, and material from the internet) without
appropriate referencing, presenting someone else's opinions and
theories as one's own, or working jointly on a project, then
submitting it as one's own. Assisting is defined as assisting another
person in an act of academic dishonesty, such as taking a test or
doing an assignment for someone else, changing someone's grades or
academic records, or inappropriately distributing exams to other students;
2. Other forms of dishonesty, such as lying, knowingly furnishing
false information, or reporting a false emergency to any college
official, faculty or staff member or office or to the District;
3. Forgery, alteration, misappropriation or theft, misuse of
any District or college document, record, key, electronic device, or
identification including, but not limited to, unauthorized grade
changes and forged signatures on official college forms;
4. Misrepresentation of oneself or of an organization to be an agent
of the District;
5. Obstruction or disruption of teaching
or of the District’s educational process, administrative process,
disciplinary procedures, or other District functions and activities,
on or off District property;
6. Disruptive or abusive
behavior, such as verbal harassment, habitual profanity or vulgarity,
physical abuse, intimidation, hazing, or stalking of any member of the
7. Vandalism, graffiti, or other
willful misconduct which results in cutting, defacing, or other
damages to any real or personal property owned by the District or a
member of the college community;
8. Assault, battery,
violence or threat of violence, or any willful misconduct which
results in an injury or death of a student or District personnel or
behavior that threatens the health and safety of any member of the
9. Theft of District property, or
property in the possession of, or owned by, a member of the college
10. Violation of District or college policies
or regulations including but not limited to those concerning the
formation and registration of student organizations, the use of
college facilities or the time, place, and manner of public expression
or the distribution of leaflets, pamphlets, or other materials;
11. Failure to comply with the directions of the District or
college officials acting in the performance of their duties and/or
failure to identify oneself to these persons when requested to do
12. The use, sale, distribution, or possession on
campus of, or presence on campus under the influence of, any
controlled substances, or any poison classified as such by Schedule D
section 4160 of the Business and Professions Code or other California
laws on District property or at any District-sponsored event. This
regulation does not apply when the person named on the prescription
possesses the drugs or narcotics or when the drugs or narcotics are
permitted for and are being used in research, instruction, or
13. Possession, consumption, sale, distribution
or delivery of any alcoholic beverage in college buildings or on
college grounds, or at college-sponsored or supervised activities,
regardless of their location, unless authorized by college
14. Possession or use of explosives, dangerous
chemicals, or deadly weapons on District property or at a campus
function, without prior authorization of the College President;
15. Engaging in lewd, indecent, or obscene behavior on
District- owned or controlled property or at a District-sponsored or
16. Rape, date rape, sexual
harassment, sexual assault, or threat of an assault upon a student or
member of the college community on District property, or at a college
or District-sponsored or supervised function;
Unauthorized use of, or misuse of District property, including, but
not limited to, unauthorized possession, duplication or use of
District keys and/or unauthorized entry into District property;
18. Willful or persistent smoking in any area where smoking has
been prohibited by law or by regulation of the Governing Board or
19. Knowingly assisting another person in the
commission of a violation of the Student Code of Conduct;
20. Misuse of computers and networks which includes but is not limited
to utilizing an unauthorized account, password, campus network,
interfering with normal computer operations, circumventing data
protection schemes or uncovering security loopholes, or violating
terms of the software agreements.
21. Willful disruption of the orderly operation of the campus.
22. Leading or inciting others to disrupt scheduled and/or
normal authorized activities.
23. Obstruction of the free flow of pedestrian or vehicular traffic
on College premises or at college sponsored or supervised events.
24. Unauthorized use of electronic or other devices to make an audio
or video record of any person while on college premises without
his/her prior knowledge, or without his/her effective consent when
such a recording is likely to cause injury or distress. This
includes, but is not limited to, surreptitiously taking pictures of
another person in a gym locker room or a restroom.
25. Any other cause identified as good cause by Education Code
section 76033, not identified above; or any applicable Penal Code
sections, or other applicable local, state, or federal laws.
26. Any other ground constituting good cause.
C. Violation of parking laws, regulations, or rules shall not be
cause for the removal, suspension, or expulsion of a student (Ed. Code
D. Nothing in these procedures shall preclude a student with a
disability from receiving appropriate accommodations as indentified by
Disability Support Services.
Types of Disciplinary Action
The following discipline may be imposed, individually or in various
combinations, on any student found to have violated the Student Code
WARNING: A warning is a written or oral notice to the student
that continuation or repetition of certain conduct may be result in
further disciplinary action.
Restitution is reimbursement by the student for damage to, loss of
or misappropriation of property. Reimbursement may take the form of
appropriate service by the student to repair property or otherwise
compensate for damage.
PROJECTS AND ASSIGNMENTS:
Projects and assignments may include educational projects, service to
the college, and other related discretionary assignments.
DISCIPLINARY PROBATION: Probation is a status imposed for a
specific period of time in which a student must demonstrate his or her
conduct conforms to District standards of conduct as set forth in
these regulations. Conditions may be imposed at the discretion of the
District or the President’s designee. Misconduct during the
probationary period or violation of any conditions of the probation
may result in more serious disciplinary action, such as loss of
privileges, suspension, or expulsion.
PRIVILEGES: Loss of privileges is the denial of extra-curricular
activities or other special privileges for a designated period of
time. Violation of any conditions or campus regulations during the
period of sanction may result in far more serious disciplinary action,
such as suspension or expulsion.
REMOVAL: Removal of a student from class by an instructor or
with the assistance of Police Services, if necessary.
SUSPENSION: Suspension is a separation from the District for
a designated period of time after which the student will be eligible
to return. A suspension may consist of (a) a period of time from one
or more classes for a period up to ten (10) days of instruction; (b)
from one or more classes for the remainder of the school term; and (c)
from all classes or activities of the college for one or more terms
for up to three years.
EXPULSION: Expulsion is the
permanent termination of student status by the Governing Board for
good cause when other means of correction fail to bring about proper
conduct or when the presence of the student causes a continuing danger
to the physical safety of the student or others. A student who is
expelled is prohibited from participating in any college activities or
programs and from entering District premises.
REVOCATION OF DEGREE OR CERTIFICATION: A degree or certificate
awarded from the college may be revoked for fraud, misrepresentation,
or other violation of College standards in obtaining a degree or
certification, or for other serious violations committed by a student
prior to graduation.
During a period of suspension or expulsion, a student shall not be
enrolled in any other college within the District. Disciplinary
actions or sanctions shall apply to the student at all District colleges.
Conduct Related to College
After a hearing the President’s Designee may impose an immediate
suspension on a student when such action is required in order to
protect property, safety, and to ensure the maintenance of order on
the campus or at a campus function.
No student may be
removed, suspended, or expelled unless the conduct for which the
student is disciplined is related to college activity or college attendance.
Record of Disciplinary Action
In accordance with Education Code section 76220, Community College
Districts shall establish, maintain and destroy student records
according to regulations adopted by the Board of Governors of the
California Community Colleges. The president’s designee will create a
record of disciplinary actions, along with relevant supporting
documents and evidence. Consistent with the Family Educational Rights
and Privacy Act and District Student Services Procedure 3009, this
record shall be maintained as a confidential student education record
and may not be released without the permission of the student, except
as permitted by law and policy. The student shall have a right to
inspect the record and to challenge the contents. Disciplinary records
shall be retained in a manner consistent with state law, and will be
destroyed following the third college year after the college year in
which it originated.
In accordance with Education Code
section 76234, whenever there is included in any student record
information concerning any disciplinary action taken by the college or
District in connection with any alleged sexual assault or physical
abuse or any conduct that threatens the health and safety of the
alleged victim, the alleged victim of the sexual assault or physical
abuse shall be informed within three (3) days of the results of any
disciplinary action by the college and the results of any appeal.
An instructor, for good cause, may remove a student from his or her
class for the day of the removal and the next class meeting. (Ed. Code
§ 76032 and 76033.)
A. Procedures Before The Removal.
1. The instructor shall notify the student of the instructor’s
consideration of the removal from class and the reasons for the
2. The instructor may remove the
student from the classroom immediately. Under normal conditions, the
instructor should permit the student an opportunity to present a
rebuttal to the accusation or otherwise offer relevant comment on the
proposed removal. There need be no delay between the time notice is
given to the student and the time of such a review.
The instructor shall decide whether or not to proceed with the
proposed removal after hearing the student’s explanation and
considering all of the information relative to the issue. There need
be no delay between the time notice is given to the student and the
4. The decision may be given to the student
either orally or in writing.
5. The instructor’s decision
is final and may not be appealed.
B. Procedures After The Removal.
1. Immediately following the removal, the instructor must notify the
College President or President’s Designee of the removal.
2. If the student removed is a minor, the College President or
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.
instructor may request that the student meet with the College
President or President’s Designee, within three (3) days of removal,
prior to returning to class.
4. During the period of
removal, the student shall not be returned to the class without the
concurrence of the instructor.
Preliminary Procedures for Suspension by Chancellor's Designee
The following procedures shall be taken before suspension except in
the event that an emergency/interim suspension is made as set forth in
A. Administration. The President’s Designee shall administer
these procedures and take appropriate action, subject to the approval
of the College President and the Governing Board if required herein or
otherwise by law.
B. Disciplinary Action Which May Be
Imposed. The President’s Designee may suspend or impose a lesser
sanction on a student. A suspension may consist of a period of time as follows:
1. From one or more classes for a period up to ten (10) days of
2. From one or more classes for the
remainder of the school term;
3. From all classes and
activities of the college for one or more terms. A suspension shall
not exceed three (3) years.
C. Reporting Of Conduct. Alleged student misconduct shall be
reported to the President’s Designee. The President’s Designee shall
be the Vice President of Academic and Student Affairs or the Senior
Dean of Student Services at Contra Costa College, the Dean of Student
Life at Diablo Valley College, and the Senior Dean of Student
Services at Los Medanos College. Other officials may be designated as
the President’s Designee, whenever necessary for the efficient
operation of the District.
D. Investigation. Upon
receiving a report of alleged student misconduct, the President’s
Designee shall initiate an investigation.
Notice. Before imposing discipline, the President’s Designee
shall give or make reasonable efforts to give the student oral or
written notice of the reason for the proposed disciplinary action. If
the student is a minor, the President’s Designee shall also notify the
parent or guardian of the investigation and charges.
Preliminary Hearing. Within a reasonable period of time
(normally within five (5) days following the delivery to the student
of the notice referred to above), the President’s Designee shall offer
the student an opportunity to attend a meeting (“Preliminary Hearing”)
at which time the student may present a rebuttal to the accusation or
otherwise offer relevant comment on the proposed discipline. There
need be no delay between the time of the notice given to the student
and the time of the meeting. If the student fails to arrange a
preliminary hearing (or if he/she fails to appear for a preliminary
hearing he/she has arranged), the decision of the President's Designee
will be final and not subject to a further Appeal Hearing.
G. Determination After Preliminary Hearing. Based on the
evidence presented, the President’s Designee shall decide whether or
not to proceed with the proposed suspension and/or to recommend
expulsion after hearing the student’s explanation and considering all
of the information. If the decision is to suspend for up to five (5)
days, the President’s Designee may inform the student of the decision
and send a written confirmation to the student’s last known address
within five (5) working days. The confirmation shall include a
statement that the decision to impose a suspension for five (5) days
or less, or a lesser sanction, is not appealable. If the decision is
to suspend for more than five (5) school days or to recommend
expulsion, the President’s Designee shall send the student a written
notice via personal delivery or certified mail to the student’s last
known address as set forth below.
H. Notice To The
College President. The President’s Designee shall report any
disciplinary action imposed to the College President.
Notification After A Suspension Of More Than Five (5) Days.
If the President’s Designee imposes a suspension of more than five (5)
days, the President’s Designee shall promptly send the student a
letter of notification that is hand delivered or sent via certified
mail to the student’s last known address. The notification shall include:
1. A statement of the charges, the reason for the suspension or
recommended expulsion offer, and a description of facts related to the
misconduct, including the evidence against the student, the date of
the incident(s), time of the incident(s), and location of the
2. A copy of the Student Code of
3. An explanation that a student who has been
suspended for more than five (5) days is entitled to appeal the
decision and has a right to a further hearing (“Appeal Hearing”). The
notification shall also state that a request for an Appeal Hearing
shall be filed within five (5) business days of the service or mailing
of the notification, whichever is earlier. The written request for an
appeal hearing must be submitted to the President's Designee, and must
cite the specific ground(s) for the appeal (from those listed below),
and provides information which substantiates the ground(s) on which
the appeal is being made.
4. Grounds for appeal - A
student may appeal the decision of the President's Designee on grounds that:
(a.) Fair consideration was not provided to the student (i.e., there
was evidence that some aspect of the hearing was prejudicial,
arbitrary, or capricious);
(b.) New and significant information, not reasonably available at
the time of the initial hearing, has become available;
(c.) The sanction or remedy imposed is not in due proportion to the
nature and seriousness of the offense. Any evidence supporting these
grounds must be included in the request for an appeal hearing.
5. A statement that the student has the right to be accompanied at
an “Appeal Hearing” by an on-campus advisor of his or her choice. If
the student decides to be accompanied by an advisor, the name and
address of that advisor must be submitted to the President’s Designee
at the time the appeal is filed.
6. The President’s
Designee may note that he or she will also recommend expulsion.
7. The Notification shall include the date, time, and location of an
Appeal Hearing if requested by the student.
J. Student Right To Appeal A Suspension Of More Than Five (5)
Days. The student may accept a suspension in excess of five (5)
days without admitting the conduct charged. In such a case, the
decision of the President’s Designee will be final and not subject to
a further Appeal Hearing. Should the student not accept a suspension
in excess of five (5) days, the student has a right to appeal. A
suspension appeal must be filed by the student no later than five (5)
days from the date the notification letter is personally served or
K. Schedule Of Hearing. The President’s
Designee shall schedule an Appeal Hearing no later than ten (10)
working days from the date of the suspension.
Hearing Authority for Appeal Hearing
A. The College President will assign either an Administrative Hearing
Officer or may utilize a Student Discipline Committee (“Committee”) to
conduct Appeal Hearings at the college (“Hearing Authority”).
B. An Administrative Hearing Officer shall be a college
C. A Committee shall include: one faculty
member, one administrator or manager, and one student. The selection
process for the Committee, if any, will normally occur at the
beginning of each academic school year.
1. The Academic Senate will select a faculty representative and
alternate(s). Vacancies will be filled by an action of the Academic
2. The Associated Student Body will select a
student representative and alternate(s). Vacancies of student
members shall be filled by an action of the Associated Student
3. The College President will select the
administrative or management representative and alternate(s). The
administrative or management representative will serve as the
The student or the college staff member
shall notify the Committee if he or she has a conflict of interest
because he or she is involved in the discipline matter and, therefore,
is unable to service as a neutral party.
faculty, administrative, and student members shall be appointed to
ensure that a standing committee can always be convened promptly.
Appeal Hearing Procedures
A. The President’s Designee shall submit to the Hearing Authority: a
description of the charges, notices, evidence, and a copy of the
proposed decision. The President’s Designee shall present relevant
evidence regarding the alleged misconduct. The accused student may
then present any relevant evidence. Each party may call, examine, and
cross-examine witnesses. Written statements, if any, shall be
submitted under penalty of perjury. The Hearing Authority may also
question witnesses. Opening and closing statements shall be limited to
five (5) minutes. The President’s Designee shall speak first, followed
by the student.
B. The Hearing Authority shall rule on
all questions of procedure and admission of evidence.
Hearings need not be conducted in accordance with strict rules of
evidence or formality of a court hearing.
D. The Hearing
Authority shall consider no evidence other than that evidence received
at the hearing. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence, but shall not be
sufficient in itself, to support a finding.
E. A student
may be accompanied by an advisor of his or her choosing, at the
student’s request. The role of the advisor is passive in this
procedure. The advisor may be present at the hearing and may counsel
the student. The advisor may not address the Hearing Authority and
shall not be permitted to participate in any way during the hearing
except to offer counsel to the student. If the student decides to be
accompanied by an attorney, the name and address of that attorney must
be submitted to the President’s Designee at the time the request for
hearing is filed.
F. The Appeal Hearing shall be closed
to protect the privacy and confidentially of everyone involved unless
the student and District agree in writing to have a public hearing at
least five (5) days in advance of the hearing. A closed hearing will
be closed to everyone except the following:
1. The student charged.
2. The Hearing Authority.
3. An advisor for the student charged, if so desired.
4. The President’s Designee.
5. A witness, while
6. An on-campus advisor for a
witness while presenting evidence.
G. An official audiotape recording of the hearing shall be kept. The
record shall be the property of the District. The student charged may
listen to the tape at a mutually agreeable location at the college. An
accused student may, upon request, be provided a copy at his or her
Hearing Authority's Consideration and Recommendation
Following presentation of the evidence, the Hearing Authority shall
privately consider the evidence with all persons excluded. The Hearing
Authority shall send a written report to the College President within
five (5) working days of the termination of the hearing. The report
shall contain the following information:
A. A summary of factual findings and a determination that the
accused student did or did not commit the act(s) charged.
B. A finding that the student’s act(s) did or did not constitute a
violation of the Student Code of Conduct.
recommendation for upholding or modifying the proposed discipline. The
Hearing Authority may also recommend further investigation.
College Chancellor's Decision
A. The College President shall reach a decision after reviewing the
report submitted by the Hearing Authority. The College President may
refer the matter back to the Committee or hearing officer for further
clarification on details of the case, such as evidence and findings of
fact. The College President may uphold the suspension, uphold the
recommendation by the Hearing Authority, or adopt a lesser sanction,
if appropriate. A written statement of the decision shall be sent via
certified or registered mail to the student’s last known address
within three (3) working days of the College President’s receiving the
Hearing Authority ‘s recommendation.
B. The decision of
the College President to suspend or impose a lesser sanction shall be
final and not subject to further appeal.
C. The College
President shall report a disciplinary suspension of any student to the
Governing Board at its next regular meeting after the suspension has
been imposed. A copy of the suspension determination, including the
reasons for the suspension, shall be placed in the student’s permanent
disciplinary record (not the transcript).
D. If the
College President determines that a student should be expelled, he or
she will forward that recommendation through the Chancellor, to the
Board of Trustees for determination.
E. In the event that
a College President is or will be unavailable for the making of a
prompt decision, the College President may appoint an unbiased
designee to act on the appeal.
Emergency Interim Suspension
A. An emergency/summary suspension is an immediate suspension imposed
upon a student for good cause. (Ed. Code § 66017.)
Notwithstanding the foregoing, the College President or the
President’s Designee may impose an emergency/summary suspension. It is
an extraordinary measure and shall be utilized when necessary to
protect lives or property and to ensure the maintenance of order
pending a hearing.
C. A preliminary hearing shall be
provided within ten (10) calendar days of an emergency/summary
suspension. (Ed. Code § 66017.) The procedures set forth in Sections
IX and X shall apply to the preliminary hearing and any appeal
D. An emergency/summary suspension shall be
reported to the Governing Board at its next regular meeting after such
suspension has been imposed. A copy of the suspension may be placed in
the student’s permanent record at the discretion of the College President.
The College President or President’s Designee shall, upon suspension
or expulsion of any student, notify the appropriate law enforcement
authorities of the county or city in which the school is situated of
any acts of the student which may be in violation of section 245 of
the Penal Code. (Ed. Code § 76035.)
Calendar restraints may be extended with the agreement of both parties.
The Governing Board has the sole authority to expel a student. If the
College President determines that a student should be expelled, he or
she shall send the recommendation through the Chancellor to the
A. Within 30 instructional days of the receipt of the recommendation
from the College President, and with the agreement of the Chancellor,
the Governing Board shall conduct an appeal hearing in closed session
with the accused student and the College President (or the President's Designee).
1. The hearing shall be closed to protect the privacy and
confidentiality of everyone involved, unless (a) the accused student
requests an open hearing, in writing, within 48 hours of being
notified of the hearing, and (b) it is determined that holding the
hearing in open session would not lead to the giving out of
information concerning students which would be in violation of state
or federal law regarding the privacy of student records.
2. A closed hearing will be closed to everyone except the following:
a. The student charged.
b. An advisor/advocate for the student charged, if so desired. If
the student chooses to be accompanied by an attorney, the student must
notify the District in writing of his/her intent to bring an attorney
at least five (5) business days prior to the hearing. Failure to
notify the District will result in a waiver of the right to be
accompanied by an attorney, or a one month postponement of the hearing.
c. The College President and/or President's Designee.
d. The Governing Board
e. The Chancellor and/or District Legal Advisor
f. The student's parent(s) or guardian, if the student is a minor.
B. The accused student shall be notified in writing of the date and
time of the hearing, and shall be provided with a copy of this
policy. The notice shall be mailed via certified or registered mail,
or served personally, if the student is a minor.
C. The hearing shall be conducted in accordance with the following procedures:
1. The President of the Governing Board will serve as chair of the
hearing, and will rule on all questions of procedure and admission of evidence.
2. Hearings need not be conducted in accordance with strict rules of
evidence or formality of a court hearing.
3. Before commencement of the hearing, the Governing Board shall
review a description of the charges, notices, evidence, findings, and
a copy of the proposed decision from the college-level disciplinary
appeal hearing. The Governing Board shall consider no evidence other
than that evidence received in the hearing process.
4. The College President (or the President's Designee) shall make a
brief statement to the Governing Board, referring to relevant evidence
regarding the alleged misconduct.
5. The accused student may then make a brief statement to the
Governing Board and present any relevant evidence.
6. The statements shall be limited to five (5) minutes.
7. Upon completion of these statements, the Governing Board will
have an opportunity to ask questions of both the student and the
College President (or President's Designee).
8. The Governing Board will conclude the hearing, dismiss the
parties, and privately deliberate as to a decision.
9. The Governing Board shall issue a statement of decision including
findings of fact and a determination that the accused student did or
did not commit the act(s) charged, a finding that the student's act(s)
did or did not constitute a violation of the Student Code of Conduct,
and a decision as to whether the expulsion proposed by the President
would be upheld or modified. The Governing Board may also recommend
further investigation. Pursuant to Education Code section 72122,
regardless of whether the matter is heard in open or closed session,
the final action of the Governing Board shall be taken in open
session, and the result of the action shall be a public record. The
name of the student, however, shall not be released.
10. The Chancellor's Office will send a written statement of the
Governing Board's decision via certified or registered mail to the
student's last known address within three (3) working days of the hearing.
11. If the Governing Board's decision is unfavorable to the student,
the student shall have a right to submit a written statement of
his/her objections to the decision. This statement shall become a
part of the student's records.
12. The decision of the Governing Board is final, and not subject to
13. The hearing shall be electronically recorded. The record shall
be the property of the District. The student charged may listen to
the tape at a mutually agreeable location at the college. An accused
student may, upon request, be provided a copy of the recording at his
or her own expense.