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Student Conduct

Student Conduct and Discipline (§5300)

Introduction

The purpose of student discipline procedures is to provide for the orderly administration of the Standards of Student Conduct. Reasonable deviations from the process will not invalidate a decision or proceeding unless actual prejudice to a student may result.

The procedures will be used in a fair and equitable manner and are not intended to substitute for criminal or civil proceedings that may be initiated by other agencies. This process can proceed simultaneously, in advance, during or after any criminal or civil proceedings.

The administrative procedure is specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by state and federal constitutions and by Education Code 76120, and will not be used to punish expression that is protected.

Administrative Procedure §5300

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Definitions

  • District – The Solano Community College District.
  • Student – Any person currently enrolled as a student at any site or in any program offered by the District.
  • Instructor – Any full-time or part-time 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.
  • Short-Term Suspension – Exclusion of the student by the Vice President of Student Services or designee for good cause from one or more classes for a period of up to ten (10) consecutive days of instruction.
  • Long-Term Suspension – Exclusion of the student by the Vice President of Student Services or designee from one or more classes for the remainder of the school term, or from all classes and activities of the college from one or more terms.
  • Withdrawal of Consent to Remain on Campus – Withdrawal of consent by the Vice President of Student Services or designee for any person to remain on campus in accordance with California Penal Code Section 626.4 where there is reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus. Upon receiving information that the Standards of Student Conduct may have been violated, written notification to the student or students will be sent outlining the allegations, and instructing them to confirm an appointment with the Vice President of Student Services or designee. Failure to comply with direction from the Vice President of Student Services or designee to meet could result in further disciplinary action. With the exception of a minor, who must be accompanied by a parent or guardian, the student shall not be permitted to have an advisor or legal representation at this meeting unless approved/permitted by the Vice President of Student Services or designee.

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Sanctions

The Superintendent-President provides the following sanctions for violation of the Standards of Student Conduct. One or more of the sanctions listed below may be imposed for any single or multiple violation(s). Any times specified in these procedures may be shortened or lengthened, if there is mutual concurrence by the parties. This procedure should be administered by the Vice President of Student Services or designee. Previous violations of Standards of Student Conduct will be considered when determining appropriate sanctions for violations.

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NON-APPEALABLE SANCTIONS

The following sanctions may be imposed for violation of the Standards of Student Conduct. These sanctions are not exclusive. In addition to the sanctions set forth below, the Vice President of Student Services or designee may impose other sanctions up to suspension or expulsion for violation of the Standards of Student Conduct as he/she deems appropriate. These sanctions may not be appealed.

  1. Official Warning

    An oral or written statement to the offender that the student has violated District rules. This will be documented with a letter to the student(s).

  2. Reprimand

    A reprimand is a warning stating that the continued conduct of the type described in the reprimand may result in a subsequent formal action against a student by the District.

    1. A written notification to a student by the Vice President of Student Services or designee to cease and desist from behavior determined to violate the standards of student conduct. Written reprimands may become part of a student’s permanent record at the College.
  3. Temporary Suspension by Instructor
    1. An instructor may suspend for cause any student from his/her class for the day of suspension and the class following.
    2. The instructor shall immediately report the suspension (verbally and subsequently in writing) to his/her dean and Vice President of Student Services or designee. A decision will then be made concerning further disciplinary action.
    3. The student shall not return to the classroom from which he/she was suspended during the temporary suspension by instructor, without the concurrence of the instructor, the instructor’s dean and the Vice President of Student Services or designee.
    4. No instructor shall be allowed to suspend a student without first apprising the student of the reason for suspension and permitting such student to present his/her version of the incident causing suspension.
    5. If the student is a minor, the instructor shall ask the parent or guardian of the student to attend a parent conference regarding the suspension as soon as possible. A College administrator shall attend the conference if the instructor or parent or guardian so requests.
    6. Nothing herein will prevent the Vice President of Student Services or designee from recommending further disciplinary procedures in accordance with these procedures based on the facts that led to the removal, or of the student’s previous violations.
    7. Every effort will be made to inform the instructor who was directly involved with the incident of the student discipline outcome as allowable by law and College policies.
  4. Administrative Withdrawal From Class

    Prohibits a student’s continued presence in the class if his/her behavior is disruptive of the class and interferes with the ability of other students in the class to learn or in any way endangers himself/herself or others. When this sanction is applied, the student will be administratively withdrawn by the Vice President of Student Services or designee.

  5. Disciplinary Probation

    A formal action of the district against a student for a specified period of time. The student must meet certain conditions as imposed. The conditions imposed may include removal from all College organization offices and denial of the privilege to participate in all College or student sponsored activities including, but not limited to, athletics and public performances. Any subsequent violations by the student during the term of the probation or the student’s failure to comply with any condition of probation imposed will result in additional sanctions under this policy.

  6. Short-Term Suspension

    Prohibits the student from attending classes or entering onto any District property for a period of one (1) to ten (10) days as determined by the Vice President of Student Services or designee.

  7. Restitution

    Financial compensation for damage to or misappropriation of property. Restitution may take the form of appropriate service to repair or otherwise compensate for damages. The failure to pay restitution for damage to or misappropriation of property may result in holds placed on student academic records and registration activities and/or restrict access to College events and activities.

  8. Campus Community Service

    In-kind campus community service may be imposed for violations of the code of conduct.

  9. Withdrawal of Consent to Remain on Campus /Short Term Suspension

    The Vice President of Student Services or designee may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn. If the person is on campus at the time, he or she must promptly leave or be escorted off campus. If consent is withdrawn by the Vice President of Student Services or designee, a written report must be promptly made to the student and to the student’s discipline file. The person from whom consent has been withdrawn may submit a written request for a meeting on the withdrawal within the period of the withdrawal. The request (for a meeting) shall be granted not later than ten (10) instructional days from the date of receipt of the request. Any person as to whom consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn, except to come for a meeting or hearing, is subject to arrest (Penal Code Section 626.4).

  10. Mental Health Clearance

    May be required before a student who has been disciplined for dangerous, abnormal or erratic behavior is readmitted to a particular class or allowed to come onto District property. The Vice President of Student Services or designee must receive a letter from a licensed mental health professional providing reasonable assurances that in his/her professional judgment the student will no longer continue the behavior which gave rise to the Vice President of Student Services or designee taking disciplinary action against him/her or that the student’s continued presence on campus is not a threat to himself/herself or others. The mental health professional must be licensed by the State of California, and the Vice President of Student Services or designee must verify that the mental health professional is credentialed to render a professional opinion. The student shall bear the cost and expense of obtaining mental health clearance.

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APPEALABLE SANCTIONS

  1. Suspension
    1. Suspension from any or all classes of the College and from use of any District facilities. The College Superintendent-President or the Vice President of Student Services or designee may suspend a student for good cause as follows:
      • From one or more classes for a period of up to ten (10) days of instruction.
      • From one or more classes for the remainder of the school term.
      • From all classes of the college for one or more terms. During the period of suspension, a student shall not be permitted to enroll in classes at the College. (California Education Code Section 76031).
      • From the use of District facilities and all available services.
    2. In all cases of suspension, the student shall receive official notice from the Vice President of Student Services or designee by “Certified Mail – Return Receipt Requested,” or by hand-delivery with a signed receipt. If delivery is refused or mail deemed non-deliverable by USPS, the written notification will be considered as being received, and the suspension will go forward.
    3. The suspension of any student from the College for a period of more than ten (10) instructional days shall be accompanied by a prompt hearing. If an immediate suspension is required in order to protect lives or property and/or to ensure the maintenance of order, a reasonable opportunity shall be afforded the suspended student for a hearing within ten (10) instructional days of the suspension. (California Education Code Section 66017).
  2. Expulsion
    1. The expulsion of a student must be accompanied by a hearing before the College Review Board. (See Appeals Involving Maximum Suspensions).
    2. In cases of expulsion, the Superintendent-President shall recommend action to the Board of Trustees after receiving the Vice President of Student Services or designee recommendation(s) and supporting documentation, including College Review Board recommendations.
    3. After the Board of Trustees’ action, the Superintendent-President shall notify the student by “Certified Mail – Return Receipt Requested,” or by hand-delivery with a signed receipt. If delivery or mail is refused, the written notification will be considered as being received, and the Board action will go forward. The expulsion may be imposed for a specified or unspecified time, and shall include all programs, services, and activities of the College.
    4. For expulsions imposed for an unspecified time, the student may, after a reasonable time (not less than one year), request in writing that the District Superintendent-President removes the expulsion. If approved by the District Superintendent-President, he/she shall make that recommendation to the Board of Trustees. The Superintendent/President shall notify the student of the Board’s decision.
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Appeals Involving Suspension and Expulsion

  1. Filing an Appeal

    The student may accept the discipline imposed by the Vice President of Student Services or designee without admitting that he/she engaged in the conduct charged. Should the student not accept the discipline, he/she may file an appeal. The appeal must be in writing and shall be sent by certified mail to the Vice President of Student Services office within ten (10) days of the date of the notice to the student regarding the determination of suspension or expulsion. Any appeal that is not postmarked within ten (10) days shall be deemed untimely and shall constitute a waiver of the student’s right to an appeal.

  2. College Review Board

    For any disciplinary action shall be composed of one administrator, who is appointed by the Superintendent-President; one faculty member, who is appointed by the Academic Senate; one classified staff, who is appointed by CSEA; and one student, who is appointed by ASSC. A quorum of three members must be present for the hearing to take place. An alternate faculty, classified and student board member shall also be appointed to participate on the College Review Board in the event the original appointee is unavailable. No administrator, faculty member, or student who has any personal 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 the College Review Board. All members of the hearing panel will be asked to sign a written statement attesting to their neutrality.

  3. College Review Board Chair

    The Vice President of Student Services or designee shall appoint one member of the panel to serve as the chair. The decision of the College Review Board chair shall be final on all matters relating to the conduct of the hearing, unless there is a vote by both other members of the panel to the contrary.

  4. Conduct of the Hearing
    1. Students will be notified, in writing, of the date, time, and place of the hearing. They must advise the Vice President of Student Services or designee, in writing, if they will be present. The hearing will occur whether they attend or not.
    2. The members of the hearing panel shall be provided with a copy of the allegation(s) against the student and any written response provided by the student before the hearing begins.
    3. The facts supporting the allegation(s) shall be presented by a College representative who shall be the Vice President of Student Services or designee.
    4. The College representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter. The student shall not have any other representation, except as provided in item g).
    5. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
    6. Unless the hearing panel determines to proceed otherwise, the College representative and the student shall each be permitted to make an opening statement. Thereafter, the College representative shall make their first presentation, followed by the student. The College representative may present rebuttal evidence after the student completes his or her evidence. The burden shall be on the College representative to prove, by substantiation of evidence, that the facts alleged are true.
    7. The student shall not be represented by an attorney unless, in the judgment of the hearing panel, complex legal issues are involved. If the student wishes to be represented by an attorney, a request must be presented not less than five days prior to the date of the hearing. If the student is permitted to be represented by an attorney, the College representative may request legal assistance. The College Review Board may also request legal assistance; any legal advisor provided to the panel may sit with it in an advisory capacity to provide legal counsel, but shall not be a member of the panel, nor vote with it.
    8. Hearings shall be closed and confidential.
    9. Witnesses shall not be present at the hearing when not testifying.
    10. The hearing shall be recorded by the College, either by tape recording or electronic recording, and shall be the only recording made. No witness who refuses to be recorded may be permitted to give statements. In the event the recording is by tape recording, the College Review Board chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. Tape recording shall remain in the custody of the college, at all times, unless released to a professional transcribing service. The student may request (in writing) a copy of the tape recording.
    11. Within five instructional days following the close of the hearing, the hearing panel shall prepare and send to the Superintendent-President a written decision. The decision shall include specific factual findings regarding the allegation(s), and shall include detailed conclusions regarding whether any specific section of the standards of student conduct were violated. The decision shall include a specific disciplinary action to be imposed, if any. The decision shall be based only on the record of the hearing, and not on matters outside of that record. The record consists of the original allegation(s), the written response, if any, of the student, and the oral and written evidence produced at the hearing. If the student is determined to have violated standards, previous student violations of the conduct code can be considered at the time of imposing disciplinary sanctions.
  5. Superintendent-President's Decision
    1. Long-Term Suspension

      Long-Term Suspension within five (5) instructional days following receipt of the College Review Board’s recommended decision, the Superintendent-President shall render a final written decision. The Superintendent-President may accept, modify, or reject the findings, decisions, and recommendations of the College Review Board. If the Superintendent-President modifies or rejects the College Review Board’s decision, the Superintendent-President shall review the record of the findings and conclusions, and shall prepare a new written decision, which contains specific factual findings and conclusions. The decision of the Superintendent-President shall be final.

    2. Expulsion

      Expulsion within five (5) instructional days following receipt of the College Review Board’s recommended decision, the Superintendent-President shall review their recommendation. The Superintendent-President may accept, modify, or reject the findings, decisions, and recommendations of the College Review Board. If the Superintendent-President modifies or rejects the College Review Board’s decision, the Superintendent-President shall review the record of the hearing, and shall prepare a new written decision, which contains specific factual findings and conclusions. The Superintendent-President’s decision shall be forwarded to the Board of Trustees in cases in which the expulsion is upheld.

  6. Board of Trustees Decision
    1. The Board of Trustees shall consider any recommendation from the Superintendent-President for expulsion at the next regularly scheduled meeting of the Board after receipt of the recommended decision.
    2. The Board of Trustees shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting. Any such request must be made, in writing, no less than five instructional (5) days prior to the date of the meeting. (Education Code Section 72122).
    3. The student may, within 48 hours after receipt of the notice, request that the hearing be held as a public hearing. Even if a student has requested that the Board of Trustees consider an expulsion recommendation in a public meeting, the Board will hold any discussion that might be in conflict with the right of privacy of any student, other than the student requesting the public meeting, in closed session.
    4. The student may, within 48 hours after receipt of the notice, request that the hearing be held as a public hearing. Even if a student has requested that the Board consider an expulsion recommendation in a public meeting, the Board will hold any discussion that might be in conflict with the right of privacy of any student, other than the student requesting the public meeting, in closed session.
    5. The Board of Trustees may accept, modify, or reject the findings, decisions, and recommendations of the Superintendent-President. If the Board modifies or rejects the decisions, the Board 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 Board shall be final.
    6. The final action of the Board of Trustees on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the district.
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Sexual Harassment and Unlawful/Prohibited Discrimination Policies and Procedures (For Employees and Students) (§4270)

In the event that any student believes that an act of unlawful/prohibited discrimination has been directed against him/her by another student, staff member, group or campus organization, the student should contact the Solano Community College Staff Diversity Coordinator. Unlawful/prohibited acts of discrimination could be based on ethnic group identification, race, religion, religious creed, age, sex or sexual orientation, color, physical or mental disability, national origin, status as Vietnam-era veteran, marital status, pregnancy, political activities or affiliation, or medical condition.

Copies of the District's current procedures on Sexual Harassment and Unlawful/Prohibited Discrimination Policies and Procedures (For Employees and Students) (§4270) are available free, upon request, from the Director of Human Resources (Room 616) or the Vice President of Student Services' Office (Room 433). These procedures include specific, step-by-step actions that must be followed to register a grievance, describe the hearing process, and establish the time limits under which these procedures operate.
At any time within the grievance procedure of Solano Community College, the student may submit his/her grievance to the United States Department of Education, Office of Civil Rights. The Office of Civil Rights is located in San Francisco and the phone number is (415) 556-4275.

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Student Grievance: Non-Civil Rights (§5350)

A grievance may arise from a decision or action that has an adverse effect on a student with respect to his/her individual rights. It may arise when a student believes he/she has been denied rights and/or due process as stipulated by college policies, regulations and/or state or federal laws.

Copies of the District's current procedures on Student Grievances: Non-Civil Rights (§5350) are available free, upon request, from the Vice President of Student Services' Office (Room 433). These procedures describe the hearing process, include specific, step-by-step actions that must be followed to register a grievance, and establish the time limits under which these procedures operate.

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