Student Code of Conduct

The Student of Code Conduct is statements depicting the Contra Costa Community College District’s expectations regarding student standards of conduct, in both academic and nonacademic environments. Students are expected to obey all laws and District policies and regulations. Students shall be subject to discipline for violation of these laws, policies, and regulations. Student misconduct may also be subject to other regulations of the District, including but not limited to regulations regarding complaints of harassment, discrimination, intimidation, and bullying.

The primary purpose of the Student Code of Conduct is to support and protect students and to ensure their academic and personal success throughout their attendance at any of the colleges within the District. In addition, the Student Code of Conduct intends to educate students about rights, responsibilities, and violations under the Student Code of Conduct and the associated consequences. The Student Code of Conduct includes a defined process for the fair and impartial review and determination of alleged improper student behavior. The Student Code of Conduct also specifies the various sanctions that may be imposed on District students for violations of the Student Code of Conduct.

The Student Code of Conduct is designed to be consistent with the principles of due process of law. Reasonable deviations from the Student Code of Conduct will not invalidate a decision or proceeding. The Student Code of Conduct is not intended to prevent or limit lawful exercise of academic freedom or constitutionally protected free speech or expression.

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

1. Student shall mean all persons enrolled in any courses at the colleges 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’.
2. Instructor means any academic employee of the District in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has responsibility for the student’s educational program.
3. Governing Board shall mean the Governing Board of the Contra Costa Community College District.
4. District shall mean the Contra Costa Community College District, including but not limited to its administrative staff and each of its colleges.
5. College shall mean a college operated and maintained by the District.
6. Member of the College Community shall mean the District Trustees, the academic personnel, 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.
7. Day shall refer to a college instructional day unless otherwise noted.
8. Good Cause as defined in Education Code, Section 76033, refers to student conduct that will result in disciplinary action or sanctions in accordance with this procedure. Resulting disciplinary action may include removal, suspension or expulsion.
9. Sexual harassment is unwelcome conduct of a sexual nature, including (but not limited to) unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
10. Title IX Sexual harassment or Sexual Harassment under Title IX is limited to the following:
1. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity;
2. Sexual assault (as defined in the Clery Act), dating violence; domestic violence, or stalking, as defined in the Violence Against Women Act (VAWA).
   
   Title IX sexual harassment is also limited to conduct alleged to have occurred within an education program or activity (i.e. locations, events, or circumstances over which the institution exercises substantial control as to the respondent and the context in which the harassment occurred), against a person in the United States. Sexual harassment occurring outside the United States is not covered under Title IX sexual harassment. Sexual harassment that is not covered under Title IX sexual harassment will still be investigated and students will still be subject to disciplinary action. However, as outlined below, allegations of Title IX sexual harassment require additional procedural protections.
11. Sexual violence means any physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to minority/or an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment.
12. Complainant shall mean any member of the college community (student, faculty or staff member) who submits a charge alleging that a student violated this Code. A complainant who accuses a student of sexual harassment or sexual violence and who believes they are a victim of these prohibited actions will be guaranteed the same rights as the student accused, including the right to present witnesses and other evidence and to be accompanied by an advisor at a hearing, the right to be notified of the outcome of the complaint and the same appeal processes as are provided to the accused student. Complainants may not be entitled to know the exact level of discipline imposed due to privacy rights.
13. Preponderance of the evidence standard means the greater weight of the evidence (i.e. it is more likely than not that misconduct occurred).
14. Hate violence means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of ethnicity, race, color, national origin, religion, sex, sexual orientation, gender identity expression, disability or political or religious beliefs of that person or group.
15. Affirmative Consent means an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.
16. Supportive measures means individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment. Supportive measures can include transfer of one party or another to different classes, counseling services, or other academic or transcript adjustments.

1. Complaint Filed/Incident Reported
   
   The District, through the college President or President’s designee, will investigate all reports of alleged violations of the Student Code of Conduct. Anyone who believes a section of the Student Code of Conduct has been violated should contact the President’s designee identified at each District campus. Reports of allegations are entered into a Districtwide system where it is assigned to the appropriate President’s designee.
   
   Additional Title IX Requirements
   
   

   For allegations of Title IX sexual harassment only, a complainant (defined as an alleged victim of sexual harassment) must be participating in, or attempting to participate in an educational activity at the college/District. Therefore, complaints from former students will not be processed under the special requirements for Title IX complaints. A Title IX coordinator may also sign a complaint on behalf of an apparent victim of sexual harassment. They may, however, still be processed as outlined herein. If, after filing a formal Title IX complaint, the complainant wishes to dismiss the complaint, they may notify the Title IX coordinator or investigator in writing of their desire to do so. However, the District, in its discretion, may still pursue the investigation process if it is not clearly unreasonable in light of known circumstances. The District also may, in its discretion, dismiss a Title IX sexual harassment complaint if it learns that the respondent is no longer enrolled.

   Lastly, the District may, in its discretion, dismiss a Title IX sexual harassment complaint if specific circumstances prevent it from gathering evidence sufficient to reach a determination regarding responsibility. Dismissal of the formal complaint under Title IX does not preclude action under another policy or code of conduct. Where a previously filed formal complaint is dismissed prior to completion of the investigation process, the college/District must give the parties written notice thereof, and the reasons therefore.

   The college/District may, in its discretion, consolidate formal complaints where the allegations arise out of the same facts.

2. Notice to Student
   
   

   In all cases, the President’s designee, will provide written notice to the accused student(s), providing them with (1) a description of the alleged violation(s); (2) the date and location of the alleged incident(s); and (3) a required date and time for the student to contact the President’s designee to respond to the allegations.

   Additional Title IX Requirements
   

   With respect to allegations falling under the definition of “sexual harassment” under Title IX, the written notice to the student shall also include the identities of the parties involved. Additionally, both the accuser and the accused student must be informed in writing of their right to have an advisor or their choice present for the investigatory interview, and to review evidence obtained during the investigation. In addition, with respect to investigations involving allegations of Title IX sexual harassment, the written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the investigation process/appeal process. Lastly, the notice must include a statement informing the parties of any provision of the institution’s student code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the investigation/appeal/hearing process.

3. Investigation of Allegations/Mediation
   
   

   The investigator will conduct interviews as necessary to determine whether any violation of the Student Code of Conduct has occurred. Interviews may be conducted with the complainant, any witnesses, and the accused student. The investigator shall also review relevant documentation and other evidence.

   For alleged violations of the Student Code of Conduct not subject to Title IX or California Senate Bill 493, the Student Conduct Officer may, in its discretion, determine whether informal resolution is appropriate.

   Additional Title IX Requirements
   
   

   With respect to Title IX sexual harassment allegations, both the complainant and the respondent are permitted to have an advisor present during the interview. However, the advisor may not disrupt the investigation process and may not coach or answer on behalf of the party being interviewed.

   Investigations should generally result in resolution within 90 calendar days after a complaint has been made, barring unexpected delays.

   For allegations determined to be minor in nature by the President’s designee, a voluntary alternative to the formal investigation and hearing process, as mutually agreed upon by the President’s designee, the student, and any other involved individual, may be utilized as appropriate. The President’s designee will select a trained mediator to assist the Student and Reporting Party in attempting to resolve the allegation. The mediator can be the College Disciplinary Officer, or any other employee of the District as designated by the College Disciplinary Officer. The College Disciplinary Officer or Designee may also utilize the services of an external mediator.

4. Findings and Determination
   
   

   The President’s designee will make one of the following findings following a thorough investigation of the allegations:
   
   Not Responsible – The President’s designee determines that insufficient evidence exists, by the Preponderance of Evidence standard, for a Finding of Responsible for the alleged violation(s). The case is closed and a record is retained.
   
   Responsible – The President’s designee determines that sufficient evidence exists, by the Preponderance of Evidence standard, for a Finding that the Student is responsible for the alleged violation(s).
   
   This determination may also be rendered through the Informal Administrative Resolution, where the student has admitted culpability for the alleged violation(s). The President’s designee may close the case.

5. Standard of Proof
   
   

   In all cases involving alleged violations of the Student Code of Conduct, the standard of proof for determining whether a Student is Not Responsible or Responsible is the Preponderance of Evidence standard (e.g., more likely than not). This standard of proof applies to the determinations made by the College President/Designee, Hearing Authority, and Governing Board as well.

6. Additional Requirements for Title IX Sexual Harassment Allegations
   
   

   Before concluding the investigation, the President/Designee must provide the parties and their advisors, if any, equal opportunity to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in a formal complaint, even if the investigator has not relied on that evidence in reaching a determination. All inculpatory and exculpatory evidence must be included, except as provided for by law, and except for a party’s medical, psychological, or similar treatment records, unless the party has provided a voluntary and consensual release for such records. The evidence must be provided to the parties in an electronic format or a hard copy, and the parties must be given 10 calendar days to submit a written response, which the investigator must consider before the completion of the investigative report. To the extent possible, the District shall use an electronic platform that prevents the downloading of the materials. Prior to permitting the review of such evidence, the investigator must obtain a signed nondisclosure agreement from the reviewing party to prevent the circulation of the evidence subject to inspection and review.

   At the conclusion of the Title IX Sexual Harassment investigation, the investigator must create an investigative report that fairly summarizes relevant evidence. The investigator must send to the parties and their advisors, if any, the investigative report in an electronic format or a hard copy for their review and written response. The final investigative report must be provided at least 10 days before any hearing so the parties have time to review and provide written responses.

7. Additional requirements for all allegations of sexual harassment pursuant to California Senate Bill 493
   
   

   In determining the appropriate sanction for violations of the Student Code of Conduct, the District’s primary concern shall be student safety.

   An individual who participates as a complainant or witness in any investigation related to sexual harassment/stalking will not be subject to disciplinary sanctions for violations of the Student Code of Conduct that occurred at the same time or near the time of the sexual harassment/stalking incident, unless the District determines that the violation of the complainant/witness was egregious. Offenses that the District considers “egregious” include, but are not limited to, actions that places the health or safety of any other person at risk or involve plagiarism, cheating, or academic dishonesty.

   Any student who submits a complaint of sexual harassment, either verbally or in writing, shall be a provided with a copy of this policy, along with HR Procedure 1040.07 and Board Policy 2002. The respondent shall also be provided with a copy of these policies, regardless of whether the accused is another student, or an employee.

   The investigation and adjudication of alleged sexual misconduct is not an adversarial process between the complainant, the respondent, and the witnesses, but rather a process for the District to comply with its obligations under existing law. The complainant does not have the burden to prove, nor does the respondent have the burden to disprove, the underlying allegation or allegations of misconduct.

   The District shall ensure trauma-informed and impartial investigation of complaints. Student parties shall be given an opportunity to identify witnesses and other evidence to assist the District in determining whether a policy violation has occurred, and shall be informed that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing.

   Regardless of whether or not a complaint has been filed under the institution’s grievance procedures, if the District knows, or reasonably should know, about possible sexual harassment involving individuals subject to the institution’s policies at the time, the District shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the District determines that an investigation is not required. If the District determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects.

   The District shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to District policies.

   Requests for Confidentiality
   
   

   If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the District shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The District shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the District may consider whether any of the following apply:

   • There are multiple or prior reports of sexual misconduct against the respondent.
   • The respondent reportedly used a weapon, physical restraints, or engaged in battery.
   • The respondent is a faculty or staff member with oversight of students.
   • There is a power imbalance between the complainant and respondent.
   • The complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted.
   • The institution is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation.

   If the District determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence.

   The District shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the District will take to respond to the complaint will be limited by the request for confidentiality.

   If the District determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant prior to making this disclosure or initiating the investigation. The institution shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the institution inform the respondent that the student asked the District not to investigate or seek discipline, the District shall honor this request.

   Past Sexual History
   
   

   The investigator or hearing officer shall not consider the past sexual history of a complainant or respondent except in the limited circumstances permitted below:
   
   The investigator or hearing officer shall not consider prior or subsequent sexua history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the respondent were inflicted by another individual.

   The investigator or hearing officer shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations.

   Where the investigator or hearing officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent, the mere fact that the complainant and respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.

   Before allowing the consideration of any evidence proffered pursuant to this subdivision, the investigator or hearing officer shall provide a written explanation to the parties as to why consideration of the evidence is consistent with this clause.

   Additional Requirements for Questioning at Hearing
   
   

   The District shall prohibit questions of either party or of any witness that are repetitive, irrelevant, or harassing.

   The District shall decide whether or not a hearing is necessary to determine whether any sexual violence more likely than not occurred. In making this decision, the District may consider whether the parties elected to participate in the investigation and whether each party had the opportunity to suggest questions to be asked of the other party or witnesses, or both, during the investigation.

   Any hearing shall be subject to the following rules:
   
   Any cross-examination of either party or any witness shall not be conducted directly by a party or a party’s advisor.

   Either party or any witness may request to answer the questions by video from a remote location.

   Student parties shall have the opportunity to submit written questions to the hearing officer in advance of the hearing. At the hearing, the other party shall have an opportunity to note an objection to the questions posed. The District may limit such objections to written form, and neither the hearing officer nor the District are obligated to respond, other than to include any objection in the record. The hearing officer shall have the authority and obligation to discard or rephrase any question that the hearing officer deems to be repetitive, irrelevant, or harassing. In making these determinations, the hearing officer is not bound by, but may take guidance from, the formal rules of evidence.

   Generally, the parties may not introduce evidence, including witness testimony, at the hearing that the party did not identify during the investigation and that was available at the time of the investigation. However, the hearing officer has discretion to accept for good cause, or exclude, such new evidence offered at the hearing.

   The preponderance of the evidence standard shall apply, and is met if the District determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.

   The District shall provide a reasonably prompt timeframe for all of the major stages of the complaint process. These timelines may be extended for good cause only, and any need to extend the timelines shall be communicated to the complainant and respondent.

   Investigations shall normally be completed within 90 days of the date the complaint was formally submitted. Both the respondent and complainant should be notified of the outcome within this 90 day period.

   Appeals are governed by Title 5 of the California Code of Regulations and Title IX.

   The District shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.

   The District shall provide a status update on the investigation if it is not possible to complete the investigation within the 90-day investigation timeline. Any extension of the 90-day timeline will be communicated to the complainant and respondent in writing, along with the reason for that extension.

   The District will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. Both the complainant and respondent will receive notice if the District is conducting a formal investigation. The notice shall include a brief summary of the allegations and the alleged District policy violations under review. Any new allegations that arise during the course of the investigation that could subject either party to new or additional sanctions shall be subject to the same notice requirements.

   Student parties shall have the opportunity to each have a support person or adviser accompany the student party during any stage of the process. Student parties have the right to consult with an attorney, at their own expense, at any stage of the process if they wish to do so. An attorney may serve as a support person or adviser.

   The District has counseling resources available to student parties. Additional information regarding these resources may be obtained in the counseling departments of the individual colleges, or from the District/college Title IX Coordinators.

   Both respondent and complainant, if both students, shall have equal rights to appeal if the outcome is a recommendation for suspension or expulsion, or any other penalty that results in a hearing.

   Interim measures (e.g. stay away orders, counseling, academic accommodations, etc.) may be put in place during the pendency of an investigation. Supportive measures (e.g. stay away orders, counseling, academic accommodation) may be provided in the absence of an investigation as well.

   The District shall not mandate mediation to resolve allegations of sexual harassment, and shall not allow mediation, even on a voluntary basis, to resolve allegations of sexual violence.

   The District shall not require that the complainant enter a voluntary resolution agreement or any other form of resolution as a prerequisite to receiving remedial measures from the institution which safeguard the complainant’s access to education.

   When requested by a complainant or otherwise determined to be appropriate, th District shall issue an interim no-contact directive prohibiting the respondent from contacting the complainant during the pendency of the investigation. An institution shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation. A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible.

   Upon the issuance of a mutual no-contact directive, an institution shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the institution shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.

8. Retaliation Prohibited
   
   

   Retaliation is prohibited against any individual for exercising rights under Title IX or this procedure, including the participating in or refusing to participate in the filing of a complaint, the investigation, or any proceeding or hearing.

   Examples of prohibited retaliation include intimidation, threats, coercion, or discrimination, and specifically include bringing charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same fact or circumstances as a report or complaint of sex discrimination or sexual harassment.

1. Students shall conduct themselves in a manner 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 in a manner 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.
   
   Jurisdiction: Students may be disciplined for violations of the Student Code of Conduct wherever the District has jurisdiction under existing law, including, but not limited to, situations involving sexual harassment and sexual assault, regardless of where and when such offenses occurred. The college may have an obligation to respond to student-on-student harassment that initially occurred off campus. Because students often experience the continuing effects of off-campus harassment in the educational setting, colleges should consider the effects of off campus conduct when evaluating whether the District has jurisdiction to process the complaint. The college should take steps to protect a student who was assaulted off campus from further harassment or retaliation from the perpetrator and their associates.
   
   The Student Code of Conduct applies to off-campus conduct when the effects of the off-campus conduct create a hostile environment or impact a substantial District/college interest. A substantial District/college interest may include:
   1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, a single or repeated violation(s) of any local, state, or federal criminal statute or ordinance;
   2. Any situation where it appears that a student may present a danger or threat to the health or safety (including emotional safety) of themselves or others;
   3. Any situation that significantly impinges upon the rights, property, or achievements of self or others, or that significantly breaches the peace or causes significant disruption; and
   4. Any situation that is detrimental to the educational interest of the District/college.
2. Misconduct that constitutes grounds for disciplinary action includes, but is not limited to:
1. Acts of academic dishonesty, including, but not limited to:
1. cheating defined as unauthorized copying or collaboration on a test or assignment or the use or attempted use of unauthorized materials;
2. tampering defined as altering or interfering with evaluation instruments or documents;
3. fabrication defined as falsifying experimental data or results, inventing research or laboratory data or results for work not done, falsely claiming sources not used or fabricating or falsifying documentation to try to change a course grade;
4. lying;
5. plagiarism 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; or
6. assisting others in an act of academic dishonesty, defined as assisting another student 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, plagiarism, 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 on or off District property 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 behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel;
7. Engaging in intimidating conduct or bullying against another student through words or actions, including direct physical contact, verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.
8. Engaging in harassing or discriminatory behavior based on disability, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
9. 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;
10. 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 college community;
11. Theft of District property, or property in the possession of, or owned by, a member of the college community;
12. 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;
13. 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 so;
14. 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. Use of a prescription drug if the prescription was not issued to the student, or the distribution or sale of a prescription drug to a person to whom the prescription was not originally issued. Intentionally or recklessly inhaling or ingesting substances (e.g., nitrous oxide, glue, paint, etc.) that will alter a student’s mental state is also prohibited. Possession of drug paraphernalia including, but not limited to, bongs or glass pipes. 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 analysis;
15. 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 officials;
16. 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;
17. Engaging in lewd, indecent, or obscene behavior on District- owned or controlled property or at a District-sponsored or supervised function;
18. Rape, date rape, sexual harassment, sexual violence, 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;
19. Sexual misconduct, including sexual activity in the absence of affirmative consent. Sexual contact without affirmative consent is a form of sexual misconduct as is any intentional sexual touching with any object by a person upon another person, that is without affirmative consent and/or by force. Sexual contact includes intentional contact with the breast, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner, as well as non-consensual sexual intercourse, including vaginal or anal penetration by a penis, object, tongue, or finger, or oral copulation (mouth to genital contact), no matter how slight the penetration or contact;
20. Sexual assault, defined as actual or attempted sexual contact with another person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following:
1. Intentional touching of another person’s intimate parts without that person’s consent or other intentional sexual contact with another person without that person’s consent.
2. Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
3. Rape, which includes penetration, no matter how slight, without the person’s consent, of either of the following:
1. The vagina or anus of a person by any body part of another person or by an object.
2. The mouth of a person by a sex organ of another person.
21. Sexual exploitation, defined as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following:
1. Prostituting another person.
2. Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
3. Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure.
4. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire.
22. 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, unauthorized use of or misuse of District property;
23. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the Governing Board, or college policy;
24. Knowingly assisting another person in the commission of a violation of the Student Code of Conduct;
25. 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. It also includes unauthorized entry, use, transfer, or tampering with the communications of others, and interference with the work of others, and with the operation of computer and electronic communications facilities, systems, and services;
26. Stalking, which is defined as engaging in a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for their or others’ safety or to suffer substantial emotional distress. For the purpose of this definition, course of conduct means two or more acts, including, but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property; reasonable person means a reasonable person under similar circumstances and with the same protected status as the victim; substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
27. Unauthorized Electronic/Digital Recording. Electronic/digital recording by any person on District Property without that person’s knowledge or consent. This definition shall not apply to recordings conducted in public or a commonly recognized public event. Electronic/digital recordings or streaming are prohibited in classrooms, labs, during lectures, or on field trips without the prior approval of the Instructor or having proper authorization by the College DSPS Office.
28. Unauthorized Use of Course or Copyrighted Materials. Students of the District will abide by all aspects of United States copyright law, Title 17 of the United States Code, to the extent possible, under authoritative interpretation of the law. Students shall not reproduce copyrighted materials without prior permission of the copyright owner, except as allowed by the “fair use” doctrine.
29. Willful disruption of the orderly operation of a college campus or District site/facility;
30. Leading or inciting others to disrupt scheduled and/or normal authorized activities;
31. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at college sponsored or supervised events.
32. Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any District policy or administrative procedure.
33. Endangering the welfare of others, including a violation of any state or federal law relating to the placing at risk of physical or emotional harm of a member of the District community.
34. Failure to appear before a District official when directed to do so.
35. Failure to identify oneself to, or comply with the directions of, a District official, employee, policy, law enforcement, or other public official when requested to do so; or resisting or obstructing such District or other public officials in the performance of or the attempt to perform their duties.
36. Failure to obtain a permit when a permit is required.
37. Failure to: (a) repay debts to the District; (b) return District property; (c) return property of any member of the District community.
38. Knowingly and purposefully, causing, making, and/or circulating a false report or warning of an emergency, such as a fire, explosion, crime, or other catastrophe.
39. Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace which can inflict psychological or emotional harm to any Student or other person.
40. Engaging in the inappropriate usage of social media. Using social media to harass, intimidate, or threaten other individuals. Usage of social media that will have indirect or direct impact on an individual or interference with the educational process.
41. Misuse of identification, including transferring, lending, borrowing, altering or unauthorized creation of identification.
42. 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; and
43. Any other ground constituting good cause.
3. Violation of parking laws, regulations, or rules shall not be cause for the removal, suspension, or expulsion of a student (Ed. Code § 76036).
4. Nothing in these procedures shall preclude a student with a disability from receiving appropriate accommodations as identified by Disability Support Services.

The following actions and sanctions may be imposed, individually or in various combinations, on any student alleged or found to have violated the Student Code of Conduct. With the exception of situations involving alleged sexual misconduct, the following designations of “subject to appeal” and “not subject to appeal” apply.

Non-Disciplinary Action – Not Subject to Appeal

Warning: A warning is a written or oral notice to the student that continuation or repetition of certain conduct may result in disciplinary action.

Removal From Class: Exclusion of the student from class by an instructor. The period of removal will not exceed the day of the removal and, if deemed necessary, the next class meeting.

Supportive Measures: Measures taken to ensure equal educational access and protect safety. Measures may include transfer of one party or another to different classes, no contact orders, counseling services, or other academic adjustments.

Disciplinary Action – Not Subject to Appeal

Written or Oral Reprimand: An admonition to the student to cease and desist from conduct determined to violate the Student Code of Conduct.

Restitution: 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 community service, educational projects and essays, 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 that 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.

Loss of Privileges: Loss of privileges is the denial of extra-curricular activities or other special privileges for a designated period of time. Loss of privileges may also include facility access limitations. Violation of any condition or campus regulation during the period of sanction may result in far more serious disciplinary action, such as suspension or expulsion.

Hold on Records: Hold on Records which consists of withholding of student records or adding administrative holds on student accounts that restrict registration activities. The President’s designee may impose such withholding when a student fails to repay debts to the District, return District equipment or make restitution to the District. A hold on records may also be asserted if a student does not comply to requests such as, but not limited to, required Administrative Review or appointments.

Short-Term Suspension: Exclusion of the student by the President’s designee for good cause from one or more classes for a period of up to ten consecutive days of instruction.

Disciplinary Action – Subject to Appeal

Disciplinary Action – Final Determination Made By Governing Board

During a period of suspension from all classes at a college or expulsion, the suspension or expulsion shall apply to all colleges within the District. Other disciplinary actions or sanctions may apply to the student at all District colleges.

Any disciplinary action imposed on a student, including oral warnings, must be documented in writing via written notice to the student, and in the student’s records, as outlined below. Where the conduct of the student appears to have caused, will cause, or may cause an ongoing threat to others, including students or staff, the District shall consider any measures that may be appropriate to protect those individuals, including written directives to the student, seeking of a temporary restraining order, report to the police, etc. Where the alleged misconduct involves violation of the District’s anti-discrimination and/or sexual harassment/sexual assault policies, the alleged victim must be provided with a copy of the District’s complaint policies and procedures. In evaluating the type of discipline to be imposed, the President’s designee must review the student’s past disciplinary record to determine whether the student has been previously disciplined in the past, particularly for similar offenses. Where the student has been disciplined in the past for similar offenses, a more severe consequence must be imposed.