Cañada College Student Handbook
San Mateo County Community
College District
Student Conduct and Due Process Policy
In joining the academic community, a student enjoys the freedom to learn and shares responsibility in exercising that freedom. As are other members of the academic community, a student is expected to conduct himself or herself in accordance with standards of the college which are designed to perpetuate its educational purposes. Where a student is charged with misconduct such charge shall be processed in accordance with the following policy and procedure in order to protect the student's rights and the college's interest.
Disciplinary action may be imposed on a student for violation of law, district and college rules and regulations and the Education Code. Provisions related to disciplinary action shall be published and available to students, faculty and staff. Student misconduct may result in disciplinary action by the college or criminal prosecution or both as these are not necessarily mutually exclusive. It is the policy of the district not to impose student discipline for acts occurring away from the college and not connected with college attendance or activities.
Students are subject to disciplinary action for any of the following reasons:
1. Dishonesty, including but not limited to cheating, plagiarism or knowingly furnishing false or misleading information to the college, or intentionally omitting or withholding information from the college;
2. Forgery, including but not limited to altering or issuing college documents, records or identification;
3. Obstruction or disruption of college functions or activities;
4. Use of slander or libel in any way so as to cause defamation of character;
5. Physical or verbal abuse of any person or use of profanity on college property or at college-sponsored events;
6. Violation of standards of classroom conduct as established by the instructor;
7. Conduct which threatens the health or safety of any person on college property or at college-sponsored events;
8. Theft or damage or unauthorized possession or use of college owned or controlled property or equipment, including but not limited to defacing said property;
9. Violation of college policies or campus regulations, including but not limited to the use of college facilities and the time, place and manner of public expression;
10. Use, possession or distribution of narcotics or other restricted drugs or alcoholic beverages on college property or at college-sponsored events;
11. Unauthorized entry to or use of college facilities;
12. Disorderly conduct, or lewd, indecent or obscene conduct or expression on college property or at college-sponsored events;
13. Failure to comply with the directions of college officials acting in performance of their duties, including but not limited to directions deemed necessary to insure the safety of the student or others, including but not limited to failure to identify oneself;
14. Gambling or extortion on college property or at college-sponsored events;
15. Disobeying traffic or parking regulations;
16. Illegal operation of a motor vehicle on college property;
17. Participating in any activity which might be classified as a hate crime, including but not limited to verbal or written slurs or threats or physical attacks or other acts of discrimination;
18. Misrepresentation of oneself as an agent of the college;
19. Willful or persistent smoking in any area where smoking has been prohibited;
20. Use or possession of dangerous or deadly weapons;
21. Persistent serious misconduct or defiance of authority;
22. Interference with the normal operations of the college;
23. Failure to satisfy college financial obligations;
24. Other acts defined as illegal under civil or criminal law which violate any duly-adopted rule or regulation of the college;
25. Action or activity that creates a clear and present danger or disruption to college life;
26. For all other “Good Causes” as set forth in Education Code 76033.
In accordance with Education Code 76032, students committing violations of college rules and regulations are subject to the following sanctions:
1. Probation: A written warning or reprimand, as set forth in the notice of probation;
2. Suspension: Exclusion from college classes, privileges and/or activities for a specified period of time as set forth in the notice of suspension;
3. Expulsion: Termination of student status as set forth in the notice of expulsion.
Except in extraordinary circumstances, the following guidelines will be used to determine the appropriate sanction. The Vice President of Student Services or designee may temporarily exclude the student from the college for a period not to exceed ten (10) working days* in order to conduct an investigation of the alleged misconduct.
1. A written warning or probation may result when the violation is the student's first known violation of the student code of conduct; appears to be a mistake in judgment and is not perceived to be genuinely threatening in nature; and/or is limited in its negative effect on others. The student's acceptance of appropriate responsibility and expression of appropriate regret for his/her action may affect which sanction is imposed.
2. Suspension may result when the violation is not the first violation of behavior prohibited by the student code of conduct; is a substantial mistake in judgment or a deliberate action; is perceived to be a significant threat; and/or has a substantial real or potential negative effect on others. The student's acceptance of responsibility and expression of regret may be a mitigating factor in the length of the suspension.
3. A recommendation of expulsion to the Board of Trustees may result when the violation is egregious in nature; is a serious violation of civil or criminal law; and/or is clearly beyond the bounds of acceptable and responsible student behavior.
4. Any level of sanction may also include a behavioral contract; restitution for damage; community service; counseling; referral to outside agencies for specific purposes; and/or any other directives designed to make amends and/or reduce the likelihood of repetition of prohibited behavior.
Student disciplinary action may be imposed by:
1. An instructor, who may temporarily exclude the student from class for the remainder of the class period and the next class meeting pursuant to Education Code 76032.
2. The Vice President of Student Services or designee, who may impose probation, suspension or recommend expulsion; and impose other disciplinary directives as set forth above.
3. The Board of Trustees, who alone may expel.
The facts leading to all student disciplinary action must be documented by the person or body taking the action. All documentation by instructors must be submitted to the Vice President of Student Services or designee. In the event that the alleged misconduct falls under Penal Code 245, police authorities will be notified. The President or designee may notify police authorities for other infractions of law and/or district rules and regulations.
Procedures
When the circumstances of the alleged violation are such that disciplinary action may be imposed by the Vice President of Student Services or designee, the following procedures will apply:
1. All complaints of alleged misconduct made against a student by any person shall be submitted to the Vice President of Student Services or designee. These complaints may be made verbally, but must be followed up in writing, specifying the time, place, and nature of the alleged misconduct.
2. The Vice President of Student Services or designee will provide in writing fair notice to the student charged advising the student of the alleged misconduct and how it violates college rules and regulations. The Vice President of Student Services or designee shall conduct such investigation of the reported violation as s/he considers appropriate. The Vice President of Student Services or designee may also procure information relating to the alleged misconduct from the student and other persons. Whenever appropriate, the Vice President of Student Services or designee shall assess damage to property or injury to persons. The investigation shall be treated as confidential and shall not be placed in the student's record unless disciplinary action is taken.
Submission of Charge
1. Following investigation, the Vice President of Student Services or designee may either find that the complaint lacks merit; or deliver a written statement to the student charging that student with misconduct. This statement will specify the disciplinary sanction to be imposed.
2. The student may do either of the following:
a. Accept the Vice President of Student Services or designee's sanction and forgo a hearing; or
b. Notify the Vice President of Student Services or designee within five (5) working days* that s/he does not accept the sanction and is requesting a hearing.
Hearing
1. The Vice President of Student Services or designee shall forward the student's request for a hearing to the Hearing Committee.
2. The Hearing Committee membership is as follows:
a. Two faculty members appointed by the Academic Senate;
b. Two classified members appointed by the Classified Senate or classified leadership;
c. Two students appointed by the Associated Students (when requested in writing by the student charged);
d. One person appointed by the college President or designee.
Committee appointees may not have any relationship to the student charged or the complaint. Committee members shall select one of their members as chair.
3. The Hearing Committee shall conduct its proceedings as follows:
a. A summary record of the case and his/her decision on the disciplinary sanction to impose shall be provided by the Vice President of Student Services or designee;
b. As deemed appropriate by the Hearing Committee, the committee members shall discuss issues, hear testimony, interview witnesses and consider available evidence pertaining to the charge;
c. Both parties may present statements, testimony, evidence and witnesses. Each party may question witnesses and hear testimony. The student charged may bring an advisor to the hearing; however the advisor may not address anyone at the hearing, and may only advise the student.
d. The student who is charged is presumed innocent until proven otherwise by a preponderance of the evidence;
e. The committee shall submit its finding of facts and its decision to the Vice President of Student Services or designee.
f. The hearing shall be closed to the public to protect student confidentiality.
g. The Hearing Board's decision will be rendered within fifteen (15) working days* after the day of the hearing.
h. A summary record of the proceedings shall be kept in a confidential file by the Vice President of Student Services or designee and shall be available to the student charged.
Final Action/Appeal
1. The Vice President of Student Services or designee, upon receiving the finding of facts and decision of the Hearing Committee shall notify the student charged in writing of the Hearing Committee's decision and sanction.
2. Decisions of the Hearing Committee are final with one exception. If the sanction imposed by the Hearing Committee is suspension or a recommendation to the Board of Trustees for expulsion, a written appeal may be filed with the college President or designee.
3. Any such appeal must be filed with the college President within five (5) working days* after notification of the Hearing Committee's decision. Five (5) working days is defined as five (5) days commencing the day after the postmark on the certified written notification.
4. Upon receipt of an appeal, the college President or designee shall review the proceedings, conduct such investigation as s/he deems appropriate and take one of the following actions:
a. Dismiss the charge;
b. Reduce the recommended sanction(s);
c. Increase the recommended sanction(s);
d. Concur with the Hearing Committee's decision.
The college President or designee's decision is final and shall be rendered in writing to the student within fifteen (15) working days.
5. The appeal procedures set forth in District Rules and Regulations 7.73 do not apply to student discipline.
*Saturdays, Sundays and Holidays shall be excluded in the computing of all time limits set forth in this policy.
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