North Orange County Community College District
ADMINISTRATIVE PROCEDURE
Chapter 5
Student Services
AP 5500 Student Discipline Procedures
Reference:
Education Code Section 66017; 76030 et seq.
Penal Code Section 626.4
1.0 The purpose of these administrative procedures is to provide a prompt and equitable means to address violations of the
standards of student conduct in a manner consistent with requirements of due process of law. Nothing in these procedures is
intended to infringe upon the rights of students to engage in the lawful exercise of free expression as protected by the state and
federal constitutions and by the provisions of Education Code section 76120.
2.0 Definitions
2.1 Administrator: A management employee of the District having significant responsibilities for formulating District policies
or administering District programs.
2.2 District: The North Orange County Community College District.
2.3 College: Cypress College, Fullerton College, and the School of Continuing Education and their respective programs.
2.4 Student: Any person currently enrolled as a student at a College or in any program offered by the District.
2.5 Instructor: Any instructional employee of the District in whose class a Student subject to discipline is enrolled.
2.6 Student Discipline Officer: The official at a College who is responsible for reviewing and processing student discipline matters.
2.7 President: The President of Cypress College, the President of Fullerton College, and the Provost of the School of Continuing Education.
2.8 Day: A day during which the District administrative offices are open for business. The time limits set forth in these procedures
for action by the Student Discipline Officer, President, hearing officer or panel, and Board of Trustees are guidelines; failure to
strictly adhere to these time limits shall not invalidate any action otherwise appropriately taken hereunder.
2.9 Expulsion: The involuntary removal of a student from the District and all District programs for one or more terms, or
permanently, by action of the Board of Trustees.
2.10 Formal Hearing: A hearing conducted before a hearing officer or hearing panel in accordance with section 4.0 of these
procedures during which the student and the District may call and examine witnesses and present documentary evidence.
2.11 Informal Hearing: A meeting between the student and the Student Discipline Officer or designee in accordance with
section 3.2.3 of these procedures to discuss the charges and provide the student with the opportunity to respond to the charges
orally, or in writing.
2.12 Suspension: The involuntary removal of a student for good cause from one or more classes or from the college by the
President or designee for a limited period of time, as follows:
2.12.1 Short-Term Suspension: Removal from one or more classes for a period of up to 10 consecutive days of instruction;
2.12.2 Long-Term Suspension: Long-term suspension may consist of:
2.12.2.1 Removal from one or more classes for the remainder of the academic term;
2.12.2.2 Removal from one or more classes for one or more academic terms; or
2.12.2.3 Removal from all classes and activities of the College for one or more academic terms. A student placed on suspension
from one or more classes may not, for the period of the suspension, be enrolled in any class or program at any College in the
District that is substantially similar to the class(es) or program(s) from which the student is suspended. A student placed on
suspension from all classes and activities of a College may not be enrolled in any College or program in the District for the period of suspension.
2.13 Removal from Class: The involuntary removal of a student from class by an Instructor for a maximum period of two
consecutive class sessions.
2.14 Removal from Facility: The involuntary removal of a student by an administrator from a District or College facility, or
facility under the control of the District or College for a maximum period of two consecutive days.
2.15 Disciplinary Probation: A status between good standing and suspension or expulsion. It covers a stated trial period
and disciplinary conditions required of the student. At the end of the trial period, it shall be determined, based on whether the
probationary conditions have been met, whether the student is to be returned to good standing, suspended, recommended
for expulsion, or subject to other disciplinary action.
2.16 Loss of Privileges: Disciplinary action involving the loss of certain student privileges, such as eligibility to participate
in extracurricular activities, for a stated period of time.
2.17 Formal Reprimand: Written admonition or warning to cease and desist from conduct that has been determined to
violate the standards of student conduct. A formal reprimand becomes part of a student's permanent record and is considered
in the event of future violations of the standards of student conduct.
2.18 Informal Reprimand: An oral admonition or warning to cease and desist from conduct that has been determined
to violate the standards of student conduct. A record of the fact that an informal reprimand has been given may be retained
as part of a student's record for a period of up to one year and is considered in the event of future violations of the standards
of student conduct during the period of retention. It is the student's responsibility to request that the record be removed upon
expiration of the period of retention.
North Orange County Community College District
BOARD POLICY
Chapter 5
Student Services
BP 5500 Standards of Student Conduct and Discipline
Reference:
Education Code Section 66300, 76030, 76033, 76034, 76036
Accreditation Standard II.A.7.b
1.0 Standards of Student Conduct
For purposes of this policy, the term "District" as used herein means the North Orange County Community College District,
Cypress College, Fullerton College, the School of Continuing Education, the Anaheim Campus, and other entities operated by,
or property under the control of, the North Orange County Community College District.
Students enrolling in the programs and services of the North Orange County Community College District assume an obligation
to conduct themselves in a manner compatible with the function of the colleges and the School of Continuing Education as
educational institutions. A student who violates the standards of student conduct shall be subject to disciplinary action including,
but not limited to, the removal, suspension or expulsion of the student. Misconduct which constitutes "good cause" for disciplinary
action includes, but is not limited to, the following:
1.1 Disruptive behavior, willful disobedience, habitual profanity or vulgarity, the open and persistent defiance of the authority of,
or persistent abuse of, District personnel, or violating the rights of other students.
1.2 Failure to identify oneself when requested to do so by District officials acting in the performance of their duties.
1.3 Cheating, plagiarism in connection with an academic program (including plagiarism in a student publication), or engaging
in other academic dishonesty.
1.4 Dishonesty, forgery, alteration, or misuse of District documents, records, or identification, or knowingly furnishing false
information to the District.
1.5 Misrepresentation of oneself or of an organization to be an agent of the District.
1.6 Causing, attempting to cause, or threatening to cause physical injury or physical or verbal abuse or any threat of force
or violence, to the person, property, or family of any member of the college community, whether on or off District property as
defined above.
1.7 Willful misconduct which results in injury or death to a student or to District personnel, or which results in the cutting,
defacing, or other damage to any real or North Orange County Community College District personal property of the District.
1.8 Unauthorized entry into, unauthorized use of, or misuse of property of the District.
1.9 Stealing or attempting to steal District property or private property on District premises, or knowingly receiving stolen
District property or stolen private property on District premises.
1.10 Causing or attempting to cause damage to District property, or to private property on District premises.
1.11 Unlawful use, sale, possession, offer to sell, furnishing, or being under the influence of any controlled substance listed
in the California Health and Safety Code, section 11053 et seq., an alcoholic beverage, or an intoxicant of any kind, or any poison
classified as such by Schedule D in Section 4160 of the Business and Professions Code or other State law defining controlled
substance while on District property, or at a District function; or unlawful possession of, or offering, arranging or negotiating the
sale of any drug paraphernalia, as defined in the California Health and Safety Code, section 11014.5.
1.12 Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the District.
1.13 Possession, sale, use, or otherwise furnishing of explosives, dangerous chemicals, deadly weapons or other dangerous
object including, but not limited to, any facsimile firearm, knife or explosive on District property, or at a District function, without
prior written authorization of the Chancellor, college president, School of Continuing Education Provost, or authorized designee.
1.14 Engaging in lewd, indecent, or obscene behavior on District property, or at a District function.
1.15 Violation of municipal, state, or federal laws in connection with attendance in programs or services offered by the District,
or while on District property or at District-sponsored activities.
1.16 Soliciting or assisting another to do any act (including the purchasing, transporting or consumption of any controlled substance),
while under the supervision of a District official, which would subject a student to expulsion, suspension, probation, or other
discipline pursuant to this policy.
1.17 Attempting any act constituting cause for disciplinary action as identified in the above North Orange County Community
College District sections of this policy.
1.18 Committing sexual harassment as defined by law or by District policies and procedures.
1.19 Engaging in harassing or discriminatory behavior based on race, sex (i.e., gender) religion, age, national origin, disability,
sexual orientation, or any other status protected by law.
1.20 Engaging in physical or verbal intimidation or harassment of such severity or pervasiveness as to have the purpose or
effect of unreasonably interfering with a student's academic performance, or District employee's work performance, or of creating
an intimidating, hostile or offensive educational or work environment.
1.21 Engaging in physical or verbal disruption of instructional or student services activities, administrative procedures, public
service functions, authorized curricular or co-curricular activities or prevention of authorized guests from carrying out the purpose
for which they are on District property.
1.22 Stalking, defined as a pattern of conduct by a student with intent to follow, alarm, or harass another person, and which
causes that person to reasonably fear for his or her safety, and where the student has persisted in the pattern of conduct after
the person has demanded that the student cease the pattern of conduct. Violation of a restraining order shall, without more,
constitute stalking under this policy.
1.23 Persistent, serious misconduct where other means of correction have failed to bring about proper conduct or where the
presence of the student causes a continuing danger to the physical safety of students or others.
1.24 Engaging in expression which is obscene, libelous, or slanderous according to current legal standards, or which so incites
students as to create a clear and present danger of the commission of unlawful acts on District property, or the violation of the lawful
administrative procedures of the District , or the substantial disruption of the orderly operation of the District.
2.0 No student shall be suspended from a college or School of Continuing Education program or expelled unless the conduct
for which the student is disciplined is related to college, School of Continuing Education or District activity or attendance.
3.0 Any violation of law, ordinance, regulation or rule regulating, or pertaining to, the parking of vehicles, shall not be cause
for removal, suspension, or expulsion of a student.
4.0 The Chancellor shall establish procedures for the imposition of discipline on students in accordance with the requirements
for due process of law. The procedures shall identify potential disciplinary actions including, but not limited to, the removal,
suspension or expulsion of a student.
6.0 The Chancellor shall establish procedures by which all students are informed of the rules and regulations governing student behavior.
See Administrative Procedure 5500
Date Adopted: January 28, 2003
2.19 Withdrawal of Consent to Remain on Campus: Withdrawal of consent by the President or the President's designee for a
student or other person to remain on a College campus in accordance with California Penal Code section 626.4 where the College
President has reasonable cause to believe that the student has willfully disrupted the orderly operation of the campus.
3.0 Procedures for Implementing Disciplinary Action
3.1 Removal of Student From Class or From a Facility
3.1.1 Removal From Class by an Instructor: An Instructor may order a student removed from class for good cause. Removal
shall be for a maximum period of two class sessions, which shall be the day of the removal and the next class meeting. Removal
From a Facility by an Administrator: For good cause, an administrator may order a student removed from a facility for the day of the
offense and the next day.
3.1.2 The student shall be advised of the removal and the reasons therefore. The Instructor or Administrator shall immediately
report the removal, through established College administrative channels, to the Office of the President and to the Student Discipline
Officer for appropriate action and shall submit, through those channels, a written report describing the North Orange County Community
College District conduct warranting the removal to the Student Discipline Officer within ten (10) days of the removal.
3.1.3 The appropriate program administrator or the Student Discipline Officer shall conduct a meeting with the student. If the
student is a minor, the Student Discipline Officer shall ask the parent or guardian of the student to attend a parent conference with
the Instructor, if the removal was from class, or if the removal was from a facility, with the administrator who ordered the removal,
as soon as possible. If the Instructor, administrator, or the parent or guardian so requests, the Student Discipline Officer shall attend
the conference.
3.1.4 During the period of removal, the student shall not be returned to the class without the concurrence of the Instructor or,
if the removal is from a facility, without the concurrence of the administrator who ordered the removal.
3.1.5 Nothing herein shall prevent the President or Student Discipline Officer from recommending further disciplinary action
in accordance with these administrative procedures based on the conduct which prompted the removal.
3.2 Suspension or Expulsion
3.2.1 Except in the case of immediate interim suspension as provided in section 3.3 of these procedures, before implementing
disciplinary action to suspend or expel a student, the student shall be provided with a written notice of the conduct warranting the
discipline, which shall include:
3.2.1.1 the section(s) of the Standards of Student Conduct the student is charged with violating;
3.2.1.2 a brief statement of the facts supporting the charges;
3.2.1.3 the right of the student to an informal hearing with the Student Discipline Officer or designee to discuss the charges,
or to respond in writing; and
3.2.1.4 the nature of the proposed disciplinary action.
3.2.2 The notice shall be provided to the student within thirty (30) days of the date on which the conduct occurred or the date
on which an Instructor or other official of the District learned of the conduct; or, in the case of continuous, repeated, or ongoing
conduct, the notice shall be provided within thirty (30) days of the date of the most recent occurrence. Within North Orange County
Community College District five (5) days of receiving the notice, the student may submit to the Student Discipline Officer a written
request for an informal hearing, as provided in section 3.2.1.3. In addition to, or in lieu of requesting an informal hearing with the
Student Discipline Officer, the student may submit a written response to the charges. Notice is deemed received as of the date
it was personally delivered or three (3) days after it was placed in the United States mail.
3.2.3 If the student requests an informal hearing as provided in section 3.2.1.3, the Student Discipline Officer shall hold an
informal hearing during which the student shall be given an opportunity to respond orally or in writing to the charges.
3.2.4 Within five (5) days after the informal hearing, or within ten (10) days after the student has received the written notice
pursuant to section 3.2.1 and has declined or failed to request a meeting, the Student Discipline Officer shall provide the President
with a written recommendation regarding the specific disciplinary action to be imposed, if any, which shall include the factual findings
regarding the charges and conclusions as to the standards of student conduct that were violated, if those findings and conclusions
differ in any material respect from the initial notice.
3.2.5 Within five (5) days after receipt of the recommendation of the Student Discipline Officer, the President shall render a decision
regarding the disciplinary action to be implemented, if any, and shall provide written notice of the decision to the student. The President
may accept, modify or reject the recommendation of the Student Discipline Officer.
3.2.5.1 Short-Term Suspension or Lesser Disciplinary Action Where the decision of the President is to impose short-term suspension
or some lesser disciplinary action, the decision of the President shall be final. The written notice to the student of the President's decision
shall specify the length of time of the suspension or the nature and duration of the lesser disciplinary action.
3.2.5.2 Long-Term Suspension
3.2.5.2.1 Where the decision of the President is to impose long-term suspension, the student shall have the right to request a formal
hearing before the suspension is imposed.
3.2.5.2.2 The written notice to the student of the President's decision shall specify the right of the student to request a formal hearing
and shall include a copy of the formal hearing procedures.
3.2.5.2.3 Within five (5) days of receiving the written notice of the President's decision, the student may submit to the President a
written request for a formal hearing. Notice is deemed received as of the day it was personally delivered or three (3) days after it
was placed in the United States mail. The hearing, if requested, shall be conducted in accordance with the provisions of section
4.0 of these procedures. If the student does not request a hearing within five (5) days of receiving notice, the President's decision
shall become final.
3.2.5.2.4 Within five (5) days after receipt of the recommended decision of the hearing officer or panel, the President shall render
a final decision regarding the disciplinary action to be implemented, if any, and shall provide written notice of the decision to the
student. The President may accept, modify or reject the findings, conclusions and recommendations of the hearing officer or panel.
If the President modifies or rejects the decision of the hearing officer or panel, the President shall review the record of the hearing and
shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the President shall be final.
3.2.5.3 Expulsion
3.2.5.3.1 A student may be expelled for good cause where other means of correction have failed to bring about proper conduct or
when the presence of the student causes a continuing danger to the physical safety of students or others. Only the Board of Trustees
may expel a student.
3.2.5.3.2 Where the decision of the President is to recommend expulsion to the Board of Trustees, the student shall have the right
to request a formal hearing before expulsion is imposed.
3.2.5.3.3 The written notice to the student of the President's decision shall specify the right of the student to request a formal hearing
and shall include a copy of the formal hearing procedures.
3.2.5.3.4 Within five (5) days of receiving the written notice of the President's decision, the student may submit to the President a
written request for a formal hearing. Notice is deemed received as of the date it was personally delivered or three (3) days after it
was placed in the United States mail. The hearing, if requested, shall be conducted in accordance with the provisions of section 4.0
of these procedures. If the student does not request a hearing within five (5) days of receiving the notice, the President's decision shall
become final.
3.2.5.3.5 Within five (5)
days after receipt of the recommended decision of the hearing officer or panel,
the President shall render a decision
regarding the disciplinary action to be implemented, if any. The President may
accept, modify or reject the findings, conclusions and
recommendations of the hearing officer or panel. If the President modifies or rejects the decision of the hearing officer or panel, the
President shall review the record of the hearing and shall prepare a new written decision which contains specific factual findings and conclusions.
3.2.5.3.5.1 Where the decision of the President is to impose suspension or some lesser disciplinary action, the decision of the President
shall be final. The student shall be provided with a written notice of the President's decision which shall specify the length of time of the
suspension or the nature of the lesser disciplinary action.
3.2.5.3.5.2 Where the decision of the President is to recommend expulsion, the written recommendation of the President shall be submitted
to the Board of Trustees for consideration in accordance with section 5.0 of these procedures. The Board of Trustees shall consider the
recommendation for expulsion at the next regularly scheduled meeting of the Board following the meeting at which the recommendation was received.
3.2.6 The College President shall report all suspensions of students to the Chancellor.
3.2.7 Whenever a minor student is suspended, the parent or guardian shall be notified in writing by the President or designee.
3.2.8 In cases of assault, the Chancellor or President shall, upon the expulsion or suspension of any student, notify the
appropriate law enforcement authorities of any acts of the student which may be in violation of section 245 of the Penal Code.
3.3 Immediate Interim Suspension The President or designee may order the immediate suspension of a student where there
is reasonable cause to believe that immediate suspension is required to protect lives or property and to ensure the maintenance of order.
Where a student is placed on interim suspension, the procedural time limits specified in these procedures shall not apply. The student
shall be given prompt notice of the charges and all hearing rights, including the right to a formal hearing where a long-term suspension
or expulsion is recommended, shall be afforded the student within ten (10) days of the imposition of interim suspension. The student
shall not, without prior written permission from the President or designee, enter the campus of any College other than to attend the hearing.
Violation of the interim suspension conditions shall be grounds for expulsion.
3.4 Withdrawal of Consent to Remain on Campus
3.4.1 The President or designee may withdraw consent for a student to remain
on the College campus, in accordance with California Penal Code
section 626.4, where there is reasonable cause to believe that the student
has willfully disrupted the orderly operation of the campus. A student who
is on campus at the time consent is withdrawn shall promptly leave or be
escorted off campus. Whenever consent is withdrawn by an authorized
designee of the President, a written report shall be promptly submitted to
the President.
3.4.2 Consent shall not be withdrawn for longer than fourteen (14) days from
the date upon which consent was initially withdrawn. The student from
whom consent has been withdrawn may submit a written request for a
hearing to the Student Discipline Officer. The request must be submitted
within the period of the withdrawal. A hearing, if requested, shall be held
within seven (7) days of the date of receipt of the request. The hearing
shall be conducted in accordance with the provisions of this procedure
relating to interim suspensions.
3.4.3 A student from whom consent to remain on campus has been withdrawn
and who willfully and knowingly enters or remains upon the campus or
facility during the period for which consent has been withdrawn, except for
the purpose of attending a meeting or hearing on the withdrawal, is
subject to arrest.
4.0 Formal Hearing Procedures
4.1 Hearing Officer or Panel
4.1.1 At the discretion of the President, a formal disciplinary hearing may be
conducted using the services of a hearing officer, or the President may
select an impartial hearing panel comprised of two educational
administrators at the level of dean or vice president, one of whom shall be
selected from another college within the District.
4.1.2 The President shall appoint one member of the panel to serve as the chair
of the hearing panel. The decision of the chair shall be final on all matters
relating to the conduct of the hearing.
4.1.3 No administrator who has any direct involvement in the matter to be
decided, who is a necessary witness, or who could not otherwise act in
a neutral manner shall serve on a hearing panel.
4.2 Notification of Hearing The student, and the student's parent or guardian, if the student is a minor, shall
be notified by registered or certified mail or by personal service of the date, time, and location of the hearing.
4.3 Conduct of Hearing
4.3.1 Prior to the hearing, the members of the hearing panel shall be provided
with a copy of the charges against the student and any written response
provided by the student.
4.3.2 The hearing shall be closed and confidential.
4.3.3 The student shall have the right to represent himself/herself at the hearing
or to be represented by a person of the student's choice, except that
neither the student nor the District shall be represented by legal counsel
unless authorized by the hearing officer or panel, in which case both
parties shall be entitled to be represented by legal counsel.
4.3.4 A record of the hearing shall be made by the District, either by means of
tape recording or stenographic recording, and shall be the only recording
made. In the event the record is by means of tape recording, the hearing
panel chair shall, at the beginning of the hearing, ask each person present
to identify himself/herself by name, and thereafter shall ask each witness
to identify himself/herself by name. Tape recordings shall remain in the
custody of the District at all times, unless released to a professional
transcribing service. The student may receive a copy of the tape
recording upon request.
4.3.5 Formal rules of evidence shall not apply. Any relevant evidence shall be
admitted.
4.3.6 The hearing officer or panel shall not have the authority to issue
subpoenas on behalf of either the District or the student.
4.3.7 Charges against the student, along with supporting evidence from
witnesses or other sources, will be presented by the District.
4.3.8 The student shall be given the opportunity to confront and cross-examine
witnesses.
4.3.9 The student shall be given an opportunity to present a defense, including
witnesses and documentary evidence.
4.3.10 The District shall have the opportunity to cross-examine the student and
witnesses called by the student.
4.3.11 Unless the hearing officer or panel determines to proceed otherwise, the
District and the student shall each be permitted to make an opening
statement. Thereafter, the District representative shall make the first
presentation, followed by the student. The District representative may
present rebuttal evidence after completion of the student's presentation.
4.3.12 All testimony shall be taken under oath; the oath shall be administered by
the hearing officer or hearing panel chair. Witnesses shall not be present
at the hearing when not testifying. No witness who refuses to be recorded
may be permitted to give testimony. Written statements of witnesses
under penalty of perjury shall not be admissible unless the witness is
unavailable to testify. A witness who refuses to be tape recorded is not
unavailable.
4.3.13 The hearing officer or hearing panel chair may determine that requiring live
testimony of a proposed witness would subject the witness to an
unreasonable risk of psychological or physical harm. After such a
determination, the witness may be permitted to provide a written
statement under penalty of perjury in lieu of testifying at the hearing.
4.3.14 The burden shall be on the District to introduce substantial evidence to
support the charges against the student.
4.3.15 Within fifteen (15) days following the close of the hearing, the hearing
officer or panel shall prepare and submit a written decision to the
President. The decision shall include specific factual findings regarding
the charges, conclusions as to the standards of student conduct that
were violated, and a recommendation regarding the specific disciplinary
action to be imposed, if any. Failure of the hearing officer or panel to
submit its written decision within fifteen (15) days shall not invalidate the
decision.
5.0 Procedures For Consideration of Expulsion by Board of Trustees
5.1 The Board shall hold closed sessions when it considers disciplinary action regarding expulsion of a student. The Board
shall notify the student, and the parent if the student is a minor, by registered or certified mail or by personal service of the intent
of the Board to call a closed session to consider the expulsion. The notification shall specify the date, time and place of the meeting
at which the Board will consider the disciplinary action and shall be provided at least three (3) days prior to the meeting. Final action
by the Governing Board may be taken in closed session, provided that the action of the Board shall be reported in public session.
The student shall not be identified by name or other designation that would disclose the identity of the student.
5.2 In considering a recommendation for expulsion, the Board may accept, modify or reject the findings decisions and
recommendations of the President and/or the hearing officer or panel. If the Board modifies or rejects the decision of the President
and/or the hearing officer or panel, the Board shall review the record of the formal hearing, and shall prepare a new written decision
which contains specific factual findings and conclusions. The decision of the Board shall be final. The student, and the student's parent
or guardian, if the student is a minor, shall be notified in writing of the Board's decision.
Date Adopted: January 28, 2003