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Student Code of Conduct

Student Code of Conduct

Columbia College under the Yosemite Community College District Board Policy (5500) has specified those standards of student behavior which it considers essential to its educational mission and its community life. These regulations are designed to represent reasonable standards of conduct. The Student Code of Conduct governs the behavior of students and guests on campus and at college-sponsored activities. Violations of the code may subject individuals to disciplinary action, which is consistent with the requirements of due process.

Causes for Discipline

The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.

1. Causing, attempting to cause, or threatening to cause physical injury to another person.

2. Possession, sale or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive is forbidden, unless, in the case of possession of any object of this type, the student has obtained written permission from a specified college representative and the college president to possess the item.

3. Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.

4. Committing or attempting to commit robbery or extortion.

5. Causing or attempting to cause damage to district property or to private property on campus.

6. Stealing or attempting to steal district property or private property on campus, or knowingly receiving stolen district property or private property on campus.

7. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the district.

8. Committing sexual harassment as defined by law or by district policies and procedures.

9. Engaging in harassing or discriminatory behavior based on race, religion, creed, color, national origin, ancestry, disability, sex (i.e., gender), marital status or sexual orientation or any other status protected by law.

10. Engaging in intimidating conduct or bullying agaisnt another student through words or actions, including direct physical contact; verbla assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.

11. Willful misconduct which results in injury or death to a student or to college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the district or on campus.

12. Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.

13. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty.

14. Dishonesty; forgery; alteration or misuse of college documents, records or identification; or knowingly furnishing false information to the district.

15. Unauthorized entry upon or use of college facilities.

16. Lewd, indecent or obscene conduct on district-owned or controlled property, or at district-sponsored or supervised functions.

17. Engaging in expression which is obscene; libelous or slanderous; or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful district administrative procedures, or the substantial disruption of the orderly operation of the district.

18. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.

19. 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, exept as permitted by any District policy or administrative procedure.

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.

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.

Penalties for Misconduct

Disciplinary Action

Violators of Student Code of Conduct are subject to the following types of disciplinary action which will be administered by appropriate College personnel.

1. Reprimand—A verbal or writen warning to cease and desist from conduct that has been determined to violate the Standards of Conducts . A record of the fact that a reprimand has been given may be retained as part of the student's discipline record for the period of one (1) year. The reprimand is considered in the event of future violations during the period of retention. It is the student's responsibility to request taht the record be removed upon expiration of the period of retention.

2. Removal of Student from Class or Facility—For good cause, an Instructor may order a student removed from class and and Adminsitrator may order a sudent removed from facility. The student shall not be allowed to return to class or the facility without concurrence of the Instructor or Administrator.

a. Removal from class - removal shall be for a maximum period of two (2) class sessions, which shall be the day of the removal and the next regular class meeting.

b. Removal from Facility - Removal shall be for a maximum period of two (2) days, which shall be the day of the removal and the next day.

3. Discretionary Sanctions - Work assignements, essays, service to the College, ot other related discretionary assignements which may include:

a. Loss of Privileges - Denial of specified privileges for a designated period of time.

b. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service or monetary or material replacement.

4. Disciplinary Probation— A written reprimand for the violation of specified regulations. Probation is fro a desiganted period of time frame.

a. Conditions imposed that must be met within the designated time frame

b. The probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.

5. Suspension—Involuntary removal of a student, for good cause, from one or more classes or from the College by action of the Student Conduct Officer or Student Conduct Hearing Panel for a specified period of time, after which the student is eligible to return. Conditions for readmission may be specified. A student placed on suspension from all classes and activities of a College may not enter College premises nor be enrolled in any College or program in the District for the period of suspension and is subject to arrest if found to be on the premises. (Penal Code 28 §626.2)

a. Short‑Term Suspension: Removal from one or more classes for a period of up to ten (10) consecutive days.

b. Long‑Term Suspension:

i.  Removal from one or more classes for the remainder of the academic term;

ii.  Removal from one or more classes for one or more academic terms; or

iii.  Removal from all classes and activities of the College for one or more academic terms.

      6. Expulsion—Permanent separation of the student from the District.

a. 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.

b. Disciplinary action of expulsion may only be recommended by a Student Conduct Hearing Panel or the Chief Student Services Officer.

c. The recommendation to expel a student shall be made to the College President.

d. Only the Board of Trustees may expel a student.

Due Process

The student disciplinary procedure is an administrative process used to review alleged student conduct violations. Findings will be based upon a preponderance of the evidence.

The following due process procedures will be followed:

1. Student will be given written or oral notice of the alleged violation.

2. Student will be given an opportunity to respond to the allegations.

3. Vice President of Student Services or designee will investigate and notify the student of the findings and disposition of the case.

4. The investigation will be completed within fifteen (15) days.

5. All disciplined parties will have the right to appeal.

Appeals

1. The student must notify, by phone or in writing, the Vice President of Instruction within 24 hours of the notification of findings and disposition if he/she plans to appeal the decision.

2. The student shall have five (5) days from the date he/she receives notice of the decision to file an appeal with the Vice President of Instruction. Appeal forms are available in the Office of the Vice President of Instruction.

3. Using the appeal form, the student must submit a concise statement based on new evidence or procedural error in interpretation of the evidence to the President of the College or designee.

4. The student shall receive notice of the determination of the President of the College within ten (10) days. The decision of the President or designee shall be final.

The following CANNOT be appealed:

1. Short‑term suspension of five (5) school days or less, and lesser sanctions.

2. Short‑term removal by a College instructor.

3. Disciplinary probation for a period of one (1) year or less.

4.  Written or verbal reprimand.

Important Things to Know:

1. No fees paid by or for a student shall be refunded for the term in
which he/she is suspended.


2. The student charged with a violation shall be regarded as innocent
until the contrary is established by a preponderance of the
evidence.


3. Records of disciplinary action shall be kept in a separate file from
the academic or grade records for a period of time not to exceed
five (5) years.


4. If the student is a minor, the Vice President of Student Services
or designee shall notify the student’s parent or guardian of any
disciplinary action and consequences.(Education Code 76032)


5. All references in this document to “days” shall refer to days when
classes are in session, excluding weekends and Fridays during the
summer term.

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