Guidelines and Due Process

Interference with the College’s educational objectives or community life is cause for disciplinary action. All members of the College community and visitors are expected to refrain from such interference including, among others, the kinds of conduct listed in the following sections. Conduct on College premises and at College-sponsored or authorized activities.

Although all staff members representing the College are concerned with the welfare and discipline of students, it is the responsibility of the Vice President of Student Services in concert with the other college offices to see that rules and regulations are maintained.

If there are any questions regarding Student Conduct Standards of Due Process/Discipline, they should be referred to the Vice President of Student Services at Santa Rosa Junior College.

The rules and regulations as outlined here were officially adopted by the Board of Trustees of Santa Rosa Junior College on June 14, 1971, in compliance with a law passed by the State Legislature in the fall of 1969.

These rules and regulations were revised to meet State Education Code requirements and approved by the Board of Trustees on March 12, 1984.

Section 1: Standards of Conduct

Students shall conduct themselves in a manner that reflects their awareness of common standards of decency and the rights of others.

Students shall be disciplined only for good cause, which shall include, but not be limited to, the following categories of misconduct.

1. Dishonesty, such as cheating, plagiarism, or knowingly furnishing false information to the College
2. Forgery, alterations, or misuse of College documents, records, or identification
3. Obstruction or disruption of teaching, administration, disciplinary procedures, College activities, or other authorized activities on College premises
4. Physical or verbal abuse of any person on College owned or controlled property or at College sponsored or supervised functions, or conduct which threatens or endangers the health or safety of any such person
5. Willful misconduct resulting in injury or death to a student or College personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District
6. Theft of or damage to property of the College or of a member of the College community or campus visitor
7. Willful or persistent smoking in any area on College property where smoking has been prohibited by law or by regulation of the Board of Trustees of Santa Rosa Junior College
8. Unauthorized entry into College facilities, or unauthorized use of College supplies or equipment
9. Violation of College policies or of College regulations concerning student organization, traffic, the use of College facilities, or the time, place and manner of public expression
10. Use, possession, sale, or distribution of narcotics, hallucinogenic drugs or substances, or any poison classified as such by Section 4160 of the Business and Professional Code on College property or at any College-sponsored event, or appearance on campus or at College-sponsored event after illegal use of narcotic, dangerous drug, or any intoxicant (Schedule D Sec.4160 B.P.C.)
11. Use, possession, or distribution of alcoholic beverages on College property at any College-sponsored event, or appearance on College sites or at any College-sponsored event after consuming alcoholic beverages
12. Disorderly, lewd, indecent, or obscene conduct on College owned or controlled property or at College-sponsored or supervised functions
13. Continued disruptive behavior, failure to comply with directions of College officials acting in the performance of their duties, continued willful disobedience, habitual profanity or vulgarity, open and persistent defiance of authority or persistent abuse of College personnel requiring inordinate drains on staff time, resources, and supervision
14. Possession and use of any deadly weapon, threatening persons on College property or at College-sponsored events (P.C.245)
15. Assault, battery, or any threat of force or violence upon a student or College personnel
16. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct (E.C. Sec. 76033)
17. Failure to observe precautions that the College deems necessary to insure the safety of the student or others
18. Sexual assault or related physical abuse including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, threat of sexual assault, or conduct that threatens the health and safety of another person

The records regarding disciplinary action and decision or any appeals of any student or students found guilty of violating this conduct standard will be made available to the victim of such assault. (E.C. Sec.76234)

No student shall be removed, suspended, or expelled unless the conduct of which the student is disciplined is related to College activity or College attendance. (E.C. Sec.76036)

Any violation or violations of any law, ordinance, regulation, or rule regulating or pertaining to the parking of vehicles shall not be cause of the suspension or expulsion of a student. (E.C. Sec.76034)

The chief administrative employee at a community college shall, prior to the 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. (E.C. Sec. 76035)

Student Conduct Standards and Due Process

Section 2:   Forms of Disciplines/Penalties

The following forms of discipline may be imposed on a student who is guilty of misconduct:

1. Reprimand: Notice that students conduct in a specific instance does not meet College standards and that continued misconduct may result in a more serious disciplinary action
2. Probation: Notice that the student found in violation of the College standards may continue to be enrolled under stated conditions,violations of which may be cause for more serious disciplinary action
3. Restitution: Reimbursement for damage to or misappropriation of property, which may take the form of appropriate service to repair or otherwise compensate for damages. Restitution may be imposed in combination with any other penalty
4. Suspension by Instructor: Denial of the right to attend a particular class for a specific length of time may not exceed two (2) class meetings of class (E.C.Sec. 73031)
5. Suspension by President: Denial for good cause of all college privileges, including one or more of the following;
1. The right to enter the college sites
2. Exclusion from one or more classes for a period of up to ten (10) days of instruction
3. Exclusion from one or more classes and activities for the remainder of the school term
4. Exclusion from all classes and activities of the community college for one or more terms
   (Periods of suspension do not allow for makeup class work.)
   (E.C.Sec. 76031 & P.C.246, see required notices, Sec. F)
6. Expulsion: by Board of Trustees of Santa Rosa Junior College for an indefinite period of time includes loss of all College privileges including College employment and the privilege of entering any portion of the College sites except by written authorization from the Vice President of Student Services. The Board of Trustees of Santa Rosa Junior College must impose expulsion. Readmission is contingent upon a showing of rehabilitation by the student. (E.C.Sec. 76031 & P.C.246) Penalties of a lesser degree may be applied by the Vice President of Student Services as part of the process from those listed.

Student Conduct Standards and Due Process - Section 3

Disciplinary Procedures/Process (Educational Code, Section 760300-76037)

1. Notice of Discipline
1. Charges: Disciplinary charges may be initiated against a student by another student, staff member, or a non-campus person. A complaint must be in writing, signed and presented to the Vice President of Student Services who will investigate and take appropriate action. The Vice President of Student Services may also initiate disciplinary action on behalf of the College.
2. Notice: A student charged with misconduct shall be given notice in person or by certified return receipt mail to meet with the Vice President of Student Services or other administrative officer designated by the President of the College at a specific time, date, and place for a conference regarding a charge of misconduct. In the case of a minor student, such notice shall go to the parent or guardian*.
   
   *Failure on the part of the student to meet with the Vice President of Student Services as requested bay result in a decision being made in the student's absence, and the student shall be notified of this decision by certified return receipt mail or in person. Processing of all student records, registration, and transcript detail may be held in abeyance until the student follows up on a Notice to Appear.
3. Conference with the Vice President of Student Services
1. The student shall be given a written statement of the charges
2. The student shall be asked to make a written response to the charges within two (2) schools days
3. The Vice President of Student Services and the student shall discuss the charges and response, if available
4. The Vice President of Student Services shall inform the student of this decision with respect to the charges and recommend disciplinary action or the date and time when another meeting shall be held for further discussion of the Vice President's recommendation
5. The Vice President of Student Services may:
1. Dismiss the charges
2. Reprimand the student
3. Order restitution
4. Order probation
5. Recommend suspension to the President
6. Recommend expulsion to the President
2. Suspension by Instructor:
   An instructor may suspend a student from class for a definite period up to two (2) class meetings no matter the length or type of class. (E.C. Sec.76032) Prior to suspension the instructor shall meet with the student, inform him/her of the cause of the suspension, and allow the student to present his/her side of the matter. (E.C. Sec.76032). As soon as possible an instructor shall ask the parent or guardian of a minor student who is suspended to attend a parent conference. At the request of the parent or guardian or instructor, a College administrator shall attend the conference. (E.C. Sec.76032)
3. Suspension by the President:
1. If the Vice President of Student Services recommends suspension, he/she shall notify the student of the student's right to a hearing before the President and specify the time and place of the hearing. The student may, in writing, waive his/her right to a hearing.
2. The President shall conduct the hearing at which the Vice President of Student Services shall present the basis for his/her recommendation of suspension and the student shall present his/her defense.
3. The President may dismiss the charge or impose one or more of the following sanctions:
   1. Reprimand the student
   2. Order restitution
   3. Order probation
   4. Suspend the student
   5. Recommend expulsion to the board of Trustees
4. The President may suspend a student for the period prior to the hearing to protect lives or property and to insure maintenance of order provided that the hearing is to be held within ten (10) days after the suspension is imposed.
5. If a suspension of a minor is ordered by the President, he/she or his/her designee shall notify the parent or guardian in writing by certified return receipt mail.
4. Expulsion by Governing Board: If expulsion is recommended, the vice President of Student Services shall notify the student of his/her right to a hearing before the Board of Review and the procedures to request a hearing:
   1. Composition: The Board of Review shall be composed of two (2) teachers and one (1) administrator appointed by the College Committee on Committees, the President of the Associated Students, and one (1) student who is not a member of the College Student Assembly but who is elected to Board of Review membership each semester by the College Student Assembly. It shall be the responsibility of the President that no member of the Board of Review is personally involved in the underlying situation to avoid conflict of interest.
      
   2. Jurisdiction: The Board of Review shall review a disciplinary recommendation of expulsion only upon written request of the student for whom expulsion is recommended. The finding of this review shall be communicated by the board of Review Chairman to the Board of Trustees of Santa Rosa Junior College in the form of a recommendation to uphold or lessen the disciplinary action recommended by the Office of the President. The Board of Review is not a court of law, but is a lay body whose sole function is to investigate, reach a conclusion, and make a recommendation to the Board of Trustees of Santa Rosa Junior College.
      
   3. Organization: One of the members of the Board of Review will be appointed as chairperson by the College President. He/she shall serve in that capacity for the entire school year unless he/she resigns. In case of resignation, the President shall appoint a second chairperson.
      
      1. Three members of the Board of Review must be present for it to take any action.
         
      2. The President may authorize the formation of additional Boards of Review as needed with selection to be made through the same procedures as outlined above.
         
      3. Alternates to serve on a summer Board will be chosen as needed through these same procedures except that the President of the Associated Students will appoint the student members.
         
      4. The Chairperson shall determine the time and place of all meetings.
         1. The Chairperson has the obligation to maintain a responsible and orderly process during the meeting. He/she is vested with the right to adjourn the meeting at any time he/she feels orderly procedures are not being followed.
         2. The chairperson shall determine whether to use a tape recording of the meeting and/or minutes taken by a college secretary. The record (s) shall be filed in the Office of the Vice President of Student Services.
   4. Procedures:
      
      1. It shall be the responsibility of the Vice-President of Student Services to submit to the Board of Review the Vice President's Due Process and Disciplinary Procedure Summary which includes charges, written statements, evidence, and disciplinary recommendations.
         
      2. A meeting of the Board of Review shall be convened no earlier than twenty-four (24) hours (one school day and generally no later than seven (7) school days following the filing of a request for hearing in the office of Vice President of Student Services.
         
      3. The meetings of the Board of Review shall be closed to everyone other than the Board of Review members, the student charged, an adviser selected by the student, the representative of the Vice-President of Student Services or other College representative, the person designated to record the minutes, and witnesses while they are presenting testimony.
         
      4. The Vice-President of Student Services shall be asked first to make any further comments and answer questions regarding the Vice-President's Due Process and Disciplinary Procedures Summary. The Vice-President of Student Services may provide further evidence and witnesses.
         
      5. The student together with a representative may appear in person to present evidence and witnesses. The student shall have an opportunity to question adverse witnesses.
         
      6. Persons involved may be asked questions by the student, the Vice President of Student Services, and any member of the Board of Review.
         
      7. Written as well as oral evidence may be introduced by the student and the Vice President of Student Services.
         
      8. All matters upon which the recommendation is based must be introduced into evidence at the meeting of the Board of Review.
         
      9. The members of the Board of Review shall vote by open written ballot and the votes shall be recorded in the minutes by name.
         
      10. The Chairman of the Board of Review shall transmit a recommendation to the Board of Trustees of Santa Rosa Junior College and the student that the:
          1. Charges be dismissed
          2. Student be reprimanded
          3. Restitution be ordered
          4. Student be placed on probation
          5. Student be suspended
          6. Student be expelled
      11. If the action recommended is expulsion, the Chairman of the Board of Review shall inform the student that he/she may demand a hearing before the Board of Trustees of Santa Rosa Junior College.
   5. Decision by the Board of Trustees of Santa Rosa Junior College:
      
      1. The Board of Trustees of Santa Rosa Junior College shall review the record of those student disciplinary cases in which the Board of Review has recommended a penalty of expulsion.
         
      2. At least one week prior to the meeting at which the Board of Trustees of Santa Rosa Junior College will decide the matter, the Board of Review will submit to the Board of Trustees and the student a statement of its recommendation and findings. The Board of Review will also submit a copy of the record produced by the Vice-President of Student Services.
         
      3. The student may submit a brief written statement to the Board of Trustees of Santa Rosa Junior College stating his/her own position and including his/her own request for disposition of his/her case. This statement must be submitted to the Board of Trustees and the Board of Review at least two (2) days prior to the meeting at which the Board of Trustees will decide the matter.
         
      4. The student and his/her advisor may make a brief oral presentation to the Board of Trustees of Santa Rosa Junior College at the meeting. If he/she wishes to do so, he/she must notify the Board of Trustees. A representative of the Board of Review may also make a brief oral presentation.
         
      5. The Board of Trustees of Santa Rosa Junior College may dismiss the charges or impose one or more of the following sanctions:
         1. Reprimand the student
         2. Order restitution
         3. Order probation
         4. Suspend the student
         5. Expel the student
            
5. Student Records: Right to Include Statement or Response to Disciplinary Action.*
   "Whenever there is included in any student record information concerning any disciplinary action taken by community college personnel in connection with the student, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action." (E.C. Sec76035)
   1. The President shall, prior to the suspension or expulsion of any student, notify the appropriate law enforcement authorities of any acts of a student, which may constitute an assault with a deadly weapon as set forth in Section 245 of the Penal Code of California. (E.C. Sec.76031).
      
   2. The President shall report all suspensions to the Board of Trustees of Santa Rosa Junior College. (E.C. Sec.76031).
      
   3. Suspensions and expulsions shall be so noted on the official's records of those affected.
      
   4. The standards and actions listed herein do not interfere with rules and regulations established by individual instructors regarding grading, attendance, and classroom expectations.
      

In summary, the sole basis for imposing disciplinary sanctions on a student is the student’s behavior, not whether the student has a mental disability. Where the disruptive behavior of the student has been properly documented, the law allows, and, in some situations, mandates that action be taken.