Students’ Rights and Responsibilities

Student Rights and Grievances

Administrative Procedure 5530

For the purpose of this procedure, a student grievance is defined as a claim by a student that his/her student status, rights, or privileges have been adversely affected by a college decision or action. This procedure is available for students who desire to pursue grievance procedures against an employee of the District. The student shall be entitled to representation, by a person of his/her choice, other than legal counsel, at all informal complaint meetings. District employees will be notified of student grievances received by the Grievance Officer or designee and are entitled to representation at all informal complaint meetings.

Note: The District is committed to resolving student grievances in a fair and equitable manner. Students should work through the District’s process first before escalating issues to other agencies. Issues that are not resolved at the District level may be presented to the California Community Colleges Chancellor’s Office, the U.S. Department of Education, or other federal, state, or local applicable entity.

This procedure is not available for use by any student who believes he/she has been subjected to unlawful discrimination, including sexual and gender-based discrimination as prohibited by Title IX of the Higher Education Amendments of 1972. The basis for alleging unlawful discrimination, including sexual and gender-based discrimination, and the procedures to be used to file such a complaint are set forth in the District’s Board.

Policy and Administrative Procedure 3430 - Prohibition of Harassment and Board Policy and Administrative Procedure 3540 - Sexual and Gender-Based Misconduct. The District’s Title IX Coordinator will be notified immediately upon the receipt of such grievances by the Grievance Officer or designee.

Students who make false or malicious charges against an employee of the District are subject to disciplinary action as outlined in Board Policy 5500 and Administrative Procedure 5500 - Standards of Student Conduct.

The procedures shall include, but not be limited to, grievances regarding:

1. Admissions
2. Financial aid
3. Access to or receipt of aid from student service entities
4. Noncompliance with board policies and administrative procedures
5. The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120.

This procedure does not apply to the following:

1. Student disciplinary actions, which are covered under Board Policy 5500 and Administrative Procedure 5500 Standards of Student Conduct and Administrative Procedures 5520 - Student Discipline Procedures.
2. Complaints about police citations (e.g., “tickets”). Complaints about citations must be directed to the District’s Campus Police Department.
3. Course grades to the extent permitted by Education Code Section 76224(a). Grade appeals, which are addressed in Board Policy 4231 and Administrative Procedure 4231 - Grade Change. Students may not grieve solely for receiving substandard grades.

Definitions:

1. Party: The student or respondent(s) together with their representatives. “Party” shall not include the Grievance Hearing Committee or the Grievance Officer.
2. Superintendent/President: The Superintendent/ President or a designated representative of the Superintendent/President.
3. Student: A currently enrolled student, a person who has filed an application for admission to the College, or a former student. A grievance by an applicant shall be limited to a complaint regarding denial of admission. Former students shall be limited to grievances relating to course grades to the extent permitted by Education Code Section 76224(a).
4. Grievant: A student who has filed a grievance.
5. Respondent: Any person claimed by a grievant to be responsible for the alleged wrongdoing.
6. Business Day: Unless otherwise provided, business day shall mean a day during which the College is in session and regular classes are held, excluding Saturdays, Sundays, and public holidays.
7. Grievance Officer: Appointed by the Superintendent/President or designated representative to assist students in seeking resolution.

Informal Resolution

1. The Superintendent/President or designee shall appoint an employee who shall assist students in seeking resolution by informal means. This person shall be called the Grievance Officer. The Grievance Officer and the student may also seek the assistance of the Associated Students Organization President or designee in attempting to resolve a grievance informally.
2. A student who believes that he/she has been treated unfairly by a District employee must make a reasonable, good faith attempt to resolve the problem on an informal basis by first meeting individually with the employee. In the event that the student first contacts the employee’s supervisor (including the Dean of the faculty or classified staff member), the supervisor shall first direct the student to meet with the employee. If the issue is not resolved in that meeting (or reasonable attempts to arrange the meeting fail), then the employee’s supervisor shall meet with both parties, in an earnest and good faith attempt to resolve the matter successfully. If, after this, the matter cannot be resolved informally, the student may file a formal grievance.
3. At no time shall any of the persons directly or indirectly involved in the case use the fact of such informal discussion, the fact that a grievance has been filed, or the character of the informal discussion for the purpose of strengthening the case for or against persons directly involved in the dispute or for any purpose other than the settlement of the grievance.
4. Any student who believes he/she has a grievance shall file a Statement of Grievance with the Grievance Officer within ten (10) business days of the incident on which the grievance is based, or ten (10) business days after the student learns of the basis for the grievance, whichever is later. The Statement of Grievance must be filed whether or not the student has already initiated efforts at informal resolution, if the student wishes the grievance to become official. Within ten (10) business days following receipt of the Statement of Grievance Form, the Grievance Officer shall advise the student of his or her rights and responsibilities under these procedures, and assist the student, if necessary, in the final preparation of the Statement of Grievance form. All parties to the grievance shall be given notice not less than seven (7) business days from the filing of the grievance form.
5. If, at the end of ten (10) business days following the student’s first meeting with the Grievance Officer there is no informal resolution of the complaint which is satisfactory to the student, the student shall have the right to request a grievance hearing. The respondent(s) will be informed at this stage within two (2) business days.
6. This concludes the Informal Resolution Process.

Grievance Hearing Committee

The Superintendent/President or designee shall at the beginning of each semester, including any intersession, establish a standing panel of members of the College community, including students, classified staff, faculty members and administrators, from which one or more Grievance Hearing Committees may be appointed. The panel will be established with the advice and assistance of the Associated Students Organization, Classified Employees and the Academic Senate, who shall each submit names to the Superintendent/President or designee for inclusion on the panel. A Grievance Hearing Committee shall be constituted in accordance with the following:

1. It shall include one student, one faculty member, one member of the classified service and one College administrator selected from the panel described above.
2. No person shall serve as a member of a Grievance Hearing Committee if that person has been personally involved in any matter giving rise to the grievance, has made any statement on the matters at issue, or could otherwise not act in a neutral manner. Any party to the grievance may challenge for cause any member of the hearing committee prior to the beginning of the hearing by addressing a challenge to the Superintendent/President or designee who shall determine whether cause for disqualification has been shown. If the Superintendent/President or designee feels that sufficient ground for removal of a member of the committee has been presented, the Superintendent/President or designee shall remove the challenged member or members and substitute a member or members from the panel described above. This determination is subject to appeal as defined below.
3. The Grievance Officer shall sit with the Grievance Hearing Committee but shall not serve as a member nor vote. The Grievance Officer shall coordinate all scheduling of hearings, shall serve to assist all parties and the Grievance Hearing Committee to facilitate a full, fair and efficient resolution of the grievance, and shall avoid an adversary role.

Request for Student Grievance Hearing

1. Any request for a grievance hearing shall be filed with the Grievance Officer on a Request for a Student Grievance Hearing Form within ten (10) business days after filing the Statement of Grievance as described above.
2. Within fifteen (15) business days following receipt of the request for a grievance hearing, the Superintendent/President or designee shall appoint a Grievance Hearing Committee as described above. The Grievance Hearing Committee shall meet in private, without the parties present, to select a chair to determine the basis of the Statement of Grievance.
3. If the hearing is warranted, the determination of whether the Statement of Grievance presents sufficient grounds for a hearing shall be made by the Grievance Officer based on the following:
   1. The statement contains facts which, if true, would constitute a grievance under these procedures;
   2. The grievant is a student as defined in these procedures, which include applicants and former students;
   3. The grievant is personally and directly affected by the alleged grievance;
   4. The grievance was filed in a timely manner; and
   5. The grievance is not clearly frivolous, clearly without foundation, or clearly filed for purposes of harassment.
4. If the grievance does not meet each of the requirements, the Grievance Officer shall notify the student in writing of the rejection of the Request for a Grievance Hearing, together with the specific reasons(s) for the rejection and the procedures for appeal. This notice will be provided within ten (10) business days of the date the decision is made by the Grievance Officer.
5. Any appeal relating to a Grievance Officer decision that the Statement of Grievance does not present a grievance as defined in these procedures shall be made in writing to the Superintendent/ President or designee within five (5) business days of that decision. The Superintendent/President or designee shall review the Statement of Grievance and Request for a Student Grievance Hearing in accordance with the requirements for a grievance provided in these procedures, but shall not consider any other matters.
6. If the Request for a Grievance Hearing satisfies each of the requirements, the Grievance Officer shall schedule a grievance hearing. The hearing will begin within fifteen (15) business days following the decision to grant a Grievance Hearing. All parties to the grievance shall be given not less than seven (7) business days’ notice of the date, time and place of the hearing, a copy of the grievance, any supporting documentation, and the opportunity to provide a written response.

Hearing Procedure

1. The decision of the Grievance Hearing Committee chair shall be final on all matters relating to the conduct of the hearing unless there is a vote of a majority of the other members of the panel to the contrary.
2. The members of the Grievance Hearing Committee shall be provided with a copy of the grievance and any written response provided by the respondent before the hearing begins.
3. Each party to the grievance may call witnesses and introduce oral and written testimony relevant to the issues of the matter. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
4. District employees will be notified of grievance hearings in advance by the Grievance Officer or designee at least seven (7) business days in advance and are entitled to representation at grievance hearings. District employees will be provided with a copy of all documentation collected related to a grievance at least two (2) business days prior to grievance hearings. Student grievants will also have the right to request all documentation collected related to a grievance at least two (2) business days prior to grievance hearings.
5. Unless the Grievance Hearing Committee determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant or grievants shall make the first presentation, followed by the respondent or respondents. The grievant(s) and respondent(s) may present rebuttal evidence after the respondent(s)’ evidence is presented. The burden shall be on the grievant or grievants to prove by substantial evidence that the facts alleged are true and that a grievance has been established as specified above.
6. Each party to the grievance may represent himself/herself, and may also have the right to be represented by a person of his/her choice; except that a party shall not be represented by an attorney unless, in the judgment of the Grievance Chair, complex legal issues are involved. If a party wishes to be represented by an attorney, a request must be presented no less than five (5) business days prior to the date of the hearing. If one party is permitted to be represented by an attorney, the other party shall have the right to be represented by an attorney. The hearing committee may also request legal assistance through the Superintendent/President or designee. Any legal advisor provided to the hearing committee 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.
7. Hearings shall be closed and confidential unless all parties request that it be open to the public. Any such request must be made no less than five (5) business days prior to the date of the hearing.
8. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the committee agree to the contrary.
9. The hearing shall be recorded by the Grievance Officer by audio tape recording and shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. The Grievance Hearing Committee 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. The audio recording shall remain in the custody of the District at all times, unless released to a professional transcribing service. Any party may request a copy of the audio recording.
10. All testimony shall be taken under oath. The Grievance Hearing Committee Chair shall administer the oath. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be audio recorded shall be considered to be unavailable.
11. Within five (5) business days following the close of the hearing, the Grievance Hearing Committee shall prepare and send to the Superintendent/ President or designee a written decision. The decision shall include specific factual findings regarding the grievance, and shall include specific conclusions regarding whether a grievance has been established as defined above. The decision shall also include a specific recommendation regarding the relief to be afforded the grievant, 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 grievance, any written response, and the oral and written evidence produced at the hearing.

Dean of Student Support Services or Designee Decision

Within five (5) business days following receipt of the Grievance Hearing Committee’s decision and recommendation(s), the Dean of Student Support Services or designee shall send to all parties his/her written decision, together with the Grievance Hearing Committee’s decision and recommendations. The Dean of Student Support Services or designee may accept or reject the findings, decisions and recommendations. The Dean of Student Support Services or designee may accept or reject the findings, decisions and recommendations of the Grievance Hearing Committee. The factual findings of the Grievance Hearing Committee shall be accorded great weight; and if the Dean of Student Support Services or designee does not accept the decision or a finding or recommendation of the Grievance Hearing Committee, the Dean of Student Support Services or designee 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 Dean of Student Support Services or designee shall be final, subject only to appeal as provided below.

Appeal

Any party to the grievance may appeal the decision of the Grievance Hearing Committee by writing to the Vice President of Student Services within seven (7) business days of the date on the written notification by the Grievance Hearing Committee.

1. The Vice President of Student Services shall examine all documents received and shall grant review of the matter only if he or she determines from these documents that the decision of Grievance Hearing Committee was in error.
2. If the Vice President of Student Services determines that review is not appropriate, he or she shall, within ten (10) business days after receipt of the request for review, send written notice denying review and affirming the decision of the Grievance Hearing Committee.
3. If the Vice President of Student Services determines that review is appropriate, he or she shall, within ten (10) business days after receipt of the request schedule a meeting with the grievant or respondent and the Grievance Hearing Committee chair, giving the grievant or respondent at least five (5) business days written notice. The grievant or respondent will be allowed to present his or her objections to the Dean of Student Support Services’ decision, and the Grievance Hearing Committee chair will be allowed to respond thereto.
4. After such meeting, the Vice President of Student Services may reverse, revise or modify the decision or the Vice President may let the decision stand.
5. The Vice President’s decision shall be in writing and shall include a statement of reasons for the decision. The Vice President’s decision shall be final. The decision will be sent in writing to the grievant and respondent no more than five (5) business days following the appeal.

Time Limits

Any times specified in this administrative procedure may be shortened or lengthened if there is mutual concurrence by all parties.

Student Complaint Procedure for Issues Not Resolved at the Campus Level

Most complaints, grievances, or disciplinary matters should be resolved at the campus level. This is the quickest and most successful way of resolving issues involving a California Community College (CCC). Students are encouraged to work through the campus complaint process first, before escalating issues to any of the following resources. Issues that are not resolved at the campus level may be presented:

1. To the Accrediting Commission for Community and Junior Colleges (ACCJC) at www.accjc.org/complaint-process if the complaint is associated with the institution’s compliance with academic program quality and accrediting standards. The ACCJC can also be contacted by mail (The Accrediting Commission for Community and Junior Colleges Western Association of Schools and Colleges, 10 Commercial Boulevard, Suite 204, Novato, CA 94949), or by phone (415-506-0234), fax (415-506-0238), or email (accjc@accjc.org). ACCJC is the agency that accredits the academic programs of the California Community Colleges.
2. To the CCC Chancellor’s Office Complaints Form at http://californiacommunitycolleges.cccco.edu/ComplaintsForm.aspx if your complaint does not concern El Camino College’s compliance with academic program quality and accrediting standards.
3. To the CCC Chancellor’s Office Legal Affairs website at http://extranet.cccco.edu/Divisions/Legal/Discrimination.aspx if your complaint involves unlawful discrimination.
4. To the Board of Registered Nurses (BRN) at www.rn.ca.gov/enforcement/complaint.shtml if the complaint involves the Nursing program and alleges that a licensee of the Board has engaged in illegal activities which are related to his/her professional responsibilities. The BRN can also be contacted by mail (Board of Registered Nursing, Attn: Complaint Intake, PO Box 944210, Sacramento, CA 94244-2100), or by phone, (916-322-3350), fax (916-574-7693), or email (Enforcement.BRN@dca.ca.gov).
5. To the Joint Review Committee on Education in Radiologic Technology (JRCERT) at www.jrcert.org/ if the complaint involves the Radiologic Technology program and alleges non-compliance with JRCERT accreditation standards. JRCERT can also be contacted by mail (Chief Executive Officer, Joint Review Committee on Education in Radiologic Technology, 20 North Wacker Drive, Suite 2850, Chicago, IL 60606-3182), or by phone (312-704-5300), fax (312-704-5304), or email (mail@jrcert.org).
6. To the Commission on Accreditation for Respiratory Care (COARC) at www.coarc.com/ if the complaint involves the Respiratory Care program and alleges non-compliance with COARC accreditation standards. COARC can also be contacted by mail (Commission on Accreditation for Respiratory Care, 1248 Harwood Road, Bedford, TX 76021-4244), or by phone (817-283-2835), fax (817-354-8519), or email (tom@coarc.com).
7. To the Office of the State Fire Marshal at http://osfm.fire.ca.gov/ if the complaint involves the Fire and Emergency Technology program and alleges non-compliance with accredited academies standards. The Office of the State Fire Marshal can be contacted by mail (Office of the State Fire Marshal, P.O. Box 944246, Sacramento, CA 94244-2460), or by phone (916-445-8200). Information regarding the Office of the State Fire Marshal Accredited Academies Coordinator can be accessed at http://osfm.fire.ca.gov/training/accreditedacademies.

Policies and Procedures

Standards of Student Conduct

Board Policy 5500

The Superintendent/President shall establish procedures for disciplining students in accordance with the requirements for due process of the federal and state laws and regulations.

El Camino College is dedicated to maintaining an optimal learning environment and supporting the physical safety and emotional well-being of all members of the college community, including but not limited to students, employees, volunteers and visitors. The College requires academic honesty and adherence to standards of student conduct. Students and other members of the college community shall assume responsibility for providing an educational environment of the highest standard characterized by academic honesty. It is the responsibility of all members of the college community to encourage learning, promote honesty, and act with fairness and consistency.

Student conduct at El Camino College must conform to federal and state laws and District policies and procedures. El Camino College will develop and maintain procedures for Standards of Student Conduct. Standards of student conduct will apply to all students on District-owned facilities or controlled property or at District-sponsored or supervised functions or electronic media. Students are expected to adhere to the standards of student conduct. The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions including, but not limited to, the removal, suspension, or expulsion of a student. These procedures shall be made widely available to students through the College catalog and other means including electronic communications.

The Board shall consider any recommendation from the Superintendent/President for expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting. Final action by the Board on the expulsion shall be taken at a public meeting.

Procedures for implementing the policy will be developed in collegial consultation with the Academic Senate.

Administrative Procedure 5500

Student conduct at El Camino College must conform to federal and state laws and District policies and procedures. Standards will apply to all students on District-owned facilities or controlled property or at District-sponsored or supervised functions or electronic media. Violation of such laws, policies, and procedures will lead to student disciplinary action. Student disciplinary actions as noted in Board Policy 5500, Administrative Procedure 5500, and Administrative Procedure 5520 may be taken against any person who engages in behavior defined as misconduct.

Students alleged to have violated the Sexual and Gender-Based Misconduct policy (BP/AP 3540) with regards to any sexual assault or gender-based misconduct or physical abuse, including but not limited to rape, sexual violence, sexual harassment, domestic violence, dating violence, and stalking, will be referred to the Title IX Officer. The Title IX Officer will work in coordination with the Director of Student Development or designee to address any violations to the Standards of Student Conduct that are in addition to the allegations of sexual misconduct.

Students who engage in any of the following conduct are subject to the procedures outlined in Administrative Procedure 5520.

Definitions

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

DISHONESTY

1. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty as defined in the College catalog.

2. Representing the words, ideas, or work of another as one’s own in any academic exercise including the use of commercial term paper companies or online sources for essays, term papers, or research papers, whether free or paid.

3. Copying from another student or former student or allowing another student to copy from one’s work.

4. Allowing another individual to assume one’s identity or assuming the identity of another individual.

5. Unauthorized collaboration-intentionally sharing or working together on an academic exercise when such actions are not approved by the course instructor.

6. Changing answers on a previously scored test, assignment, or experiment with the intent to defraud.

7. Inventing data for the purpose of completing an assignment, a laboratory experiment, or case study analysis with the intent to defraud.

8. Obtaining or copying exams, test questions, or other course materials when prohibited by the instructor.

9. Giving or receiving information during an examination or test by any means such as sign language, hand signals or secret codes, or through the use of any electronic device.

10. Using aids such as notes, calculators, or electronic devices unless specifically authorized by the instructor or District personnel.

11. Handing in the same paper or other assignment in more than one class when prohibited by the instructor.

12. Any other action which is not an honest reflection of a student’s own academic work.

13. Dishonesty, forgery, alteration, or misuse of District documents, records or identification, or knowingly furnishing false information to the District.

DISRUPTIVE BEHAVIOR, INAPPROPRIATE CONDUCT, AND EXPRESSION

1. Disruptive behavior, willful disobedience, profanity or vulgarity, or the open defiance of the authority of, or abuse of, District personnel or another person.

2. Causing or attempting to cause a disturbance, or threatening, or carrying out acts of aggression including verbal or physical actions that are intended to create fear, apprehension, or bodily harm to another person.

3. Lewd, indecent, or obscene conduct or expression on District-owned facilities or controlled property or at District-sponsored or supervised functions, including public urination or defecation, public sexual acts, taking intimate pictures of another person without consent, disrobing in public, possession and distribution of any obscene material, or viewing pornographic material.

4. Engaging in expression which is obscene, libelous or slanderous, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District-owned facilities or controlled property or at District-sponsored or supervised functions, or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District.

5. Obstruction or disruption of teaching, research, administration, disciplinary proceedings, or other authorized college activities including, but not limited to, its community service functions or to authorized activities held off-campus.

6. Obstruction or disruption includes, but is not limited to, the use of skateboards, bicycles, radios, and roller skates.

7. Failure to comply with the directions of a member of the District certificated personnel, college management or supervisory personnel, college staff member, or campus police acting within the scope of his or her duties.

8. Conducting, organizing or participating in any activity involving gambling except as permitted by federal and state law.

9. Using any electronic listening or recording device in any classroom without the prior consent of the instructor, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students. Disabled students who require this accommodation must inform their instructor(s) prior to recording and provide official documentation from the Special Resource Center or the Office of the Dean of Student Support Services.

10. 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 typed class notes, still photos, audio, or video recording, except as permitted by any District policy or administrative procedure.

DRUGS, ALCOHOL, AND SMOKING

1. Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed federal law Controlled Substances Act (21 U.S.C. §811) or in California Health and Safety Code Sections 11053 et seq., 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 federal law Controlled Substances Act (21 U.S.C. §811) or in California Health and Safety Code Section 11014.5 on District-owned facilities or controlled property or at District-sponsored or supervised functions.

2. Smoking or using cigarettes, e-cigarettes, vape pens, cigars, cannabis, snuff, snus, water pipes, pipes, hookahs, chew and any other non-combustible tobacco product.

THEFT, ROBBERY, AND DAMAGE

1. Committing or attempting to commit robbery or extortion.

2. Causing or attempting to cause damage to District property or to private property on District-owned facilities or controlled property or at District-sponsored or supervised functions.

3. Stealing or attempting to steal District property or private property or knowingly receiving stolen District property or private property on District-owned facilities or controlled property or at District-sponsored or supervised functions.

4. Willful misconduct which results in cutting, defacing, or other injury to any real or personal property owned by the District or personal property of other individuals District-owned facilities or controlled property or at District-sponsored or supervised functions.

SEXUAL AND GENDER-BASED MISCONDUCT

1. Committing sexual and gender-based misconduct including, but not limited to, sexual harassment, domestic violence, dating violence, stalking, sexual assault (non-consensual sexual contact and/or intercourse), sexual exploitation, intimidation, retaliation, and rape as defined by law or by District policies and procedures.

2. Other misconduct offenses in violation of the El Camino College Sexual and Gender-based Misconduct Policy.

UNLAWFUL DISCRIMINATION, HARASSMENT, THREATENING, AND VIOLENT BEHAVIOR

1. Causing, attempting to cause, or threatening to cause physical injury to another person on District-owned facilities or controlled property or at District-sponsored or supervised functions.

2. Engaging in intimidating conduct or bullying against another person through words or actions, including direct physical contact, verbal assaults, such as teasing or name-calling, social isolation or manipulation, and cyberbullying.

3. 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 on District-owned facilities or controlled property or at District-sponsored or supervised functions.

4. Other misconduct offensives relative to disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law including, but not limited to, bullying, unlawful discrimination, threatening, or causing abuse (including physical and/or verbal).

5. Violence between those in intimate/dating relationships to each other, and stalking, as defined by law or by District policies and procedures.

WEAPONS

Possession, sale or otherwise furnishing any firearm, knife, explosive, or other dangerous object including, but not limited to, any facsimile firearm, knife, or explosive on District-owned facilities or controlled property or at District-sponsored or supervised functions, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a District employee, which is concurred in by the Superintendent/President or designee.

MISUSE OF FACILITIES

Unauthorized entry upon or use of District-owned facilities or controlled property or at District-sponsored or supervised functions.

MISCELLANEOUS

1. Introduction of animals on District-owned facilities or controlled property or at District-sponsored or supervised functions are not permitted with the exception of service animals that provide assistance as permitted by federal and state law.

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

3. The commission of any act constituting a crime under federal or state law on District-owned facilities or controlled property or at District-sponsored or supervised functions.

Student Discipline Procedures

Administrative Procedure 5520

The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student Conduct, which guarantees to the student or students involved the due process rights guaranteed them by state and federal constitutional protections. This procedure will be used in a fair and equitable manner, and not for purposes of retaliation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.

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

Definitions

1. District: El Camino Community College District. Student discipline sanctions imposed to students at El Camino College will also apply to all instructional sites in the El Camino Community College District.
2. Student: Any person who has applied for admission or currently enrolled as a student in any program offered by the College District.
3. Instructor: Any academic employee of the College District in whose class a student subject to sanction 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.
4. Complainant: A person who submits a charge alleging that a student has violated the College District’s Student Code of Conduct.
5. Accused Student: A student who has been accused of violating the Student Code of Conduct by a College District employee, student, or visitor.
6. Advisor: An advisor is anyone other than the complainant or accused student. An advisor may include, but is not limited to, another student, family member, College personnel, or community member. The advisor’s role is to observe, provide counsel, or support the complainant or accused student.  Advisors who do not comply with their role may be removed from the meeting, interview, or hearing. Attorneys may serve as a student’s advisor only when long-term suspension, expulsion and/or parallel criminal charges are being considered.
7. Business Day: Unless otherwise provided, a business day shall mean a day during which administrative offices at the District are open for business, excluding Saturdays, Sundays, and public holidays.
8. College District Property: Property under the control of the El Camino Community College District or any place that is the site of a College District approved activity or function.

Jurisdiction of the College

Sanctions for violations of the Student Conduct Code may be imposed for conduct, which occurs on the District premises, in or out of the classroom setting, while using District technology, at off-campus instructional sites, during off-campus District-sponsored events and for off-campus including online conduct which materially and substantially interferes with the College’s operational and educational programs.

Filing a Complaint

Any person may allege a violation of the Student Conduct Code by completing an online Incident Report and Referral Form and submitting it to the Student Development Office. The District reserves the right to initiate a student conduct process based on available information, even if a formal complaint has not been received. The complaint shall describe the conduct in question and, if known, the name of the person or persons alleged to have engaged in that conduct. The filing of a complaint assumes that the complainant desires to initiate the inquiry that may result in official disciplinary action against the alleged violator. The complainant should file a complaint within a reasonable amount of time not to exceed thirty (30) business days from the date of the incident..

Overview of Discipline Process

1. Each student is responsible for reading and complying with the Standards of Student Conduct which is made available on the El Camino College website on the Student Development Office page or from the Student Development Office located in the Activities Center, Room 160 and the College Catalog.
2. Any member of the College community can initiate an accusation of an alleged violation.
3. Initial Notification - A student accused of an alleged violation, will receive written notice of the conduct warranting discipline via El Camino College issued e-mail account with delivery notification. Before or on the day the student is notified, the complainant will be notified that the student will receive written notice, copied to the complainant’s manager if applicable. The notice may include a request for a review meeting and will include:
   1. A short statement of the facts supporting the accusation.
   2. The specific code violation(s).
   3. The right of the student to meet with the Director of Student Development or designee.
   4. Reference to the Standards of Student Conduct outlining the process and rights of students.
   5. The nature of the sanctions being considered.
4. Time Limits:  The notice must be provided to the student within forty (40) business days of the date on which the conduct took place; in the case of continuous, repeated or ongoing conduct, the notice must be provided within ten (10) business days of the date on which conduct occurred which led to the decision to take disciplinary action..
5. Meeting: If the student chooses to meet with the Director of Student Development or designee, the student must contact the Student Development Office to schedule the meeting no later than ten (10) business days after the notice is sent. At the meeting, the student must again be told the facts leading to the accusation, and must be given an opportunity to respond verbally or in writing to the accusation.
   1. Both the complainant and the accused student may be accompanied by an advisor to any meetings, interviews, or hearings. The advisor’s role is to observe, provide counsel, or support the complainant or accused student. An advisor may not speak on behalf of the complainant or accused student or speak to the Director of Student Development or designee. Advisors who do not comply with their role may be removed from the meeting, interview, or hearing.
   2. Attorneys may serve as a student’s advisor only when long-term suspension, expulsion and/or parallel criminal charges are considered.
6. Upon completion of the review meeting, the student shall have the right to the following:
   1. A summary of findings by the Director of Student Development or designee
   2. The specific policies and procedures relevant to the case. The sanctions imposed, if found in violation of the Standards of Student Conduct
   3. An opportunity to accept or deny responsibility
   4. An opportunity to request a hearing of the Disciplinary Hearing Panel should the student disagree with the finding(s) and sanction(s) of a long-term suspension or expulsion by the Director of Student Development or designee
   5. Information about the right to request a copy of their student conduct file.
7. Notification of Outcome
   a. Student. Within five (5) business days after
           i. the student meets with the Director of Student Development or designee or     
           ii. the conclusion of the investigation,
   the student shall receive written notice of the case outcome which may include sanctions. The notice will include the right of the student to request a formal hearing for sanctions of longterm suspension and/or expulsion.
   
   b. Complainant. The complainant will be notified of the case outcome as permissible by Family Educational Rights and Privacy Act (FERPA) within five (5) business days of the conclusion of the hearing.
8. Students should be aware that the student conduct process is different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. The standard used to determine whether a violation of the Standards of Student Conduct has occurred will be a preponderance of evidence (more likely than not). Due process within these procedures, assures timely written notice, a hearing before an objective decision-maker or panel (should one be requested) and a process for appeal.
9. Students continue to be subject to city, state, and federal laws while at El Camino College and allegations, charges, or violations of those laws may also constitute violations of the Standards of Student Conduct. In such instances, El Camino College may proceed with disciplinary action under the Standards of Student Conduct independently of any criminal proceeding involving the same conduct and may impose sanctions for violation of the Standards of Student Conduct even if such criminal proceeding is not yet resolved or is resolved in the student’s favor.
10. No student will be found in violation of El Camino College Standards of Student Conduct without information showing by preponderance of the evidence that a policy violation has occurred. At El Camino College’s sole discretion, sanctions will be proportionate to the severity of the violation(s).
11. If a student is found responsible for one or more violations of the Standards of Student Conduct, the student’s prior conduct record will be taken into consideration and may result in progressive sanctions because of a pattern of behavior.
12. Students who take accountability by admitting to the behaviors leading to the violation of the Standards of Student Conduct may voluntarily participate in a restorative justice conference with others involved in the case. The purpose of the conference is to discuss the impact of the student’s actions, repair relationships, and re-integrate the student into the College community. The conference process may only occur if others who were impacted by the violation also voluntarily agree to participate.

Determination of Sanctions

While sanctions are applied equitably and fairly, each case is unique. The following factors may be considered in determining which sanctions are appropriate in a particular case.

1. The nature and/or severity of the violation(s)
2. Prior violations and disciplinary history
3. Mitigating circumstances surrounding the violation
4. The student’s motive or purpose for engaging in the behavior
5. Sanctions which have been imposed in similar cases in the past
6. The developmental and educational impact on the student

7. The impact of the violation(s) on the complainant, other members of the campus community, classroom, and/or campus environment.

POSSIBLE SANCTIONS IMPOSED BY FACULTY MEMBERS AND ACADEMIC ADMINISTRATORS

Multiple sanctions may be imposed including, but not limited to:

1. Sanctions for Academic Dishonesty
   The instructor shall complete an online Incident Report and Referral Form. Students found responsible for academic dishonesty may incur any of the following sanctions:
   1. The instructor may assign a failing grade to the examination or assignment in which the alleged cheating or plagiarism occurred.
   2. The instructor may dismiss the student from the class or activity for the present and/or following class session. If a student is suspended from class for disciplinary reasons, the student will be marked as absent.  If a disciplinary susupernsion causes as student to miss more tha 10% of the class meetings, the student may be dropped from the class.
   3. The instructor or the division administrator may require the student to meet with the instructor and/or the administrator
   4. The instructor and/or the division administrator may issue a verbal or written warning for the first-time violators.
   5. First-time violations may be reviewed and referred to the Director of Student Development for additional sanction considerations. Repeat or severe violations of academic dishonesty will be referred to the Director of Student Development who may impose more severe sanctions such as disciplinary probation or suspension

   3. Written or Verbal Reprimand - An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. Written                     reprimands may become part of a student’s permanent record at the College District. A record of the fact that a verbal reprimand has been given may become part of         a student’s record at the College District.

   4. Removal from Class/Facility/College District Entity - Any instructor or Academic administrator or designee may remove a student from the class, activity, office,                     department, or other educational forum for the day of the incident or the day the infraction was discovered, whichever is later, and one additional instructional day. The         instructor or Academic administrator or designee shall immediately report the removal to the Director of Student Development or designee and his or her Division                 Dean or Associate Dean. The student shall not be returned to the class during the period of the removal without the concurrence of the instructor.

POSSIBLE SANCTIONS IMPOSED BY FACULTY MEMBERS, STUDENT DEVELOPMENT OFFICE, POLICE DEPARTMENT, OR OTHER ADMINISTRATIVE OFFICES

Multiple sanctions may be imposed including, but not limited to:

1. Written or Verbal Reprimand - An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. Written        reprimands may become part of a student’s permanent record at the College District. A record of the fact that a verbal reprimand has been given may become part of   a student’s record at the College District.
2. Educational Sanctions - An educational sanction may include additional work assignments, essays, community service, behavioral contract, administrative referral, or other related educational assignment.
3. Probation - A reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be in violation of any Standards of Student Code during the probationary period. It may include restriction from contact with specified individuals, College activities, services, offices, or designated areas. Probation shall not be imposed for a period longer than two (2) academic years or until the student graduates with a degree or certificate.
4. Restitution: - A payment to compensate an injured party for financial harm in cases involving misconduct including, but not limited to, theft, destruction of property, or deception.
5. Removal from Class/Facility/College District Entity - Any instructor or division administrator or designee may remove a student from the class, activity, office, department, or other educational forum for the day of the incident or the day the infraction was discovered, whichever is later, and one additional instructional day. The instructor or division administrator or designee shall immediately report the removal to the Director of Student Development or designee and his or her Division Dean or Associate Deanby completing the on-line Incident Report and Referral Form. The student shall not be returned to the class during the period of the removal without the concurrence of the instructor.
6. Withdrawal of Consent to Remain On-Campus - The College District’s Campus Police Department, 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 a written report must be promptly made to the Superintendent/President or designee.

a. The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the period of the withdrawal. The request shall be granted not later than ten (10) business days from the date of the receipt of the request. The hearing will be conducted in accordance with the provisions of this administrative procedure relating to interim suspensions.

b. 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)

  7. No Contact Order - An issuance that there should be no personal or interpersonal contact or communication between involved parties. This includes verbal and          non-verbal communication.

  8. Short-Term Suspension - Exclusion of the student by the Director of Student Development or designee for good cause from one or more classes and/or from all          activities of the College District for a period of up to ten (10) consecutive days of instruction.

a.  Within five (5) business days after

i. the student meets with the Director of Student Development or designee or

ii. conclusion of the Director of Student Development or designee shall decide whether to impose a short-term suspension, whether to impose some lesser sanction, or whether to end the matter. Written notice of the Director or designee’s decision shall be provided to the student. The notice will include the length of time of the suspension or the nature of the lesser sanction. The Director of Student Development or designee’s decision on a short-term suspension shall be final.

iii. The complainant will be notified of the case outcome as permissible by Family Educational Rights and Privacy Act (FERPA) within five (5) business days of the conclusion of the hearing

9. Long-Term Suspension - Exclusion of the student by the Director of Student Development or designee for good cause from one or more classes for the remainder of the school term and/ or from all classes and activities of the College District for the remainder of the current term with a maximum of two (2) academic years.

a. Within five (5) business days after

i. the student meets with the Director of Student Development or designee shall,

ii. or concludion of the investigation,

The Director of Student Development or designee shall, pursuant to a recommendation from the Director of Student Development or designee, decide whether to impose a long-term suspension. Written notice of the decision shall be provided to the student. The notice will include the right of the student to request a formal hearing before a long-term suspension is imposed, and a copy of this policy describing the procedures for a hearing.

iii.  The complainant will be notified of the case outcome as permissible by Family Educational Rights and Privacy Act (FERPA) within five (5) business days of the conclusion of the hearing.

b.  Students who receive long-term suspensions are permitted on-campus to conduct student business, but must receive permission from the Director of Student Development or designee prior to coming to campus and must arrange a police escort with the District’s Campus Police Department while on campus. Permanent notification will appear on the student’s El Camino College official transcript.

10.  Immediate Interim Suspension (Education Code Section 66017) - The Director of Student Development or designee may order immediate interim suspension of a student if they conclude the actions are necessary because of any of the following:

a.  That the student poses a threat to the safety and/or well-being of members of the District community or preservation of District property.

b.  That the student poses a threat to the student’s own physical or emotional safety and wellbeing.

c.  That the student poses an immediate threat, disruption of, or interference with the normal operations of the College District.

d.  That the student has been accused of a severe violation, including Academic Dishonesty, and cannot be located and/or does not participate in the conduct         process

In cases where an interim suspension has been ordered, the time limits contained in this administrative procedure shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, will be afforded to the student within ten (10) business days of the decision to impose an interim suspension.

11. Expulsion - Expulsion is the permanent separation of a student from El Camino College by action of the Board of Trustees for good cause when other means of correction fail to bring about appropriate conduct, or when the presence of the student causes a continuing danger to the safety of others. The student is prohibited from College District property, functions, events, and activities. Permanent notification will appear on student’s El Camino College official transcript.

Within ten (10) business days after the student meets with the Director of Student Development or designee, the Director of Student Development or designee shall decide whether to recommend expulsion to the Board of Trustees. Written notice of the Director or designee’s decision shall be provided to the student. The notice will include the right of the student to request a formal hearing before expulsion is imposed, and a copy of this policy describing the procedures for a disciplinary hearing.

EXPULSION PROCEDURE

The Board of Trustees is authorized to expel a student for good cause when other means of correction fail to bring about proper conduct or when the presence of the student causes a continuing danger to the physical safety and/or well-being of others. The notice of expulsion will be sent to the student with copies to the student file, Director of Student Development or designee, Dean of Student Support Services or designee, Registrar or designee, Vice President of Student Services or designee, Superintendent/President or designee, and El Camino College Campus Police Department.

Recommendation for Expulsion:

Vice President Student Services

If the Vice President of Student Services or designee determines that, the student should be expelled;

1. The Vice President of Student Services shall deliver a written recommendation for the student’s expulsion to the Superintendent/President.

o A copy of the Vice President of Student Services or designee’s recommendation shall be

provided to the student or, if the student is a minor, to his or her parent or guardian.

1. The Vice President of Student Services or designee’s recommendation for expulsion shall contain a statement of the charges against the student that provides the basis for his or her request that the student be expelled.

o The statement of charges shall include a factual description of the conduct upon which the charges are based, the action(s) taken by the Director of Student Development or designee and the recommendation of the Student Disciplinary Hearing Panel.

Board of Trustees

The Board of Trustees shall consider any recommendation from the Superintendent/ President for expulsion at the next regularly scheduled meeting of the Board of Trustees after receipt of the recommended decision.

1. The student shall be notified in writing, by registered or certified mail or by personal service, and via El Camino College issued e-mail account with delivery notification at least five (5) business days prior to the meeting, of the date, time, and place of the Board of Trustees’ meeting.

2. The Board shall consider any expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures (Education Code Section 72122).

3. The student may, within forty-eight (48) hours after receipt of the notice, request that the hearing be held as a public meeting. 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 to privacy of any student other than the student requesting the public meeting in a closed session. 

4. The Board may accept, modify, or reject the findings, decisions, and recommendations of the Superintendent/President. If the Board modifies or rejects the decision, the Board shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions.

o The Vice President of Student Services or designee shall notify the student in writing within five (5) business days of the decision made by the Board of Trustees. The decision of the Board of Trustees shall be final. The final action by the Board of Trustees on the expulsion shall be taken at the public meeting, and the result of the action shall be a public record of the District.

Disciplinary Hearing Procedures

1. Request for Disciplinary Hearing
   Within five (5) business days after the receipt of the Director of Student Development or designee’s decision regarding a long-term suspension or expulsion, the student may request a formal hearing. The request must be made in writing to the Director of Student Development or designee.
2. Schedule of Disciplinary Hearing
   1. The formal hearing shall be held no sooner than ten (10) to twenty (20) business days after a formal request for hearing is received by the Student Development Office.
   2. The Dean of Student Support Services or designee will inform the student of the hearing date and time by certified mail, return receipt requested, e-mail to his or her El Camino College issued e-mail account, with delivery notification and/or in person with signature verification of receipt at least five (5) business days prior to the hearing date. The notice will enclose a description of the procedures to be followed at the hearing.
   3. The student and the College have the right to receive copies of all documents that are to be presented to the Disciplinary Hearing Panel.
   4. The Disciplinary Hearing Chair shall provide the student copies of all documents to be presented to the panel. The Chair shall make such documents available to the student as soon as practical before the hearing but not less than two (2) business days before the hearing.
   5. If the student intends to present any documents to the Disciplinary Hearing Panel he or she shall provide copies of the same to the Disciplinary Hearing Chair no less than two (2) business days prior to the hearing.
   6. If a student who has been given notice does not appear for the hearing, the information in support of the alleged violation(s) will be presented and considered in the student’s absence. A student will be considered absent fifteen (15) minutes after the time the hearing was scheduled to convene.
3. Disciplinary Hearing Panel
   1. The Hearing Panel shall consist of the Dean of Student Support Services or designee as the Disciplinary Hearing Chair and one representative from each of the following groups: (1) Academic Senate; (2) Classified Employees; (3) Associated Student Organization; and (4) College Management which may include College supervisors.
   2. An affirmative vote of three members of the Disciplinary Hearing Panel shall be required to determine responsibility and sanctions.
   3. The Superintendent/President or designee, the president of the Academic Senate or designee, the president of the Classified Employees bargaining unit or designee, and the president of the Associated Student Organization (ASO) or designee shall each, at the beginning of the academic year, establish a list of at least five (5) persons who will serve on the Student Disciplinary Hearing panels. The Superintendent/President or designee shall appoint the hearing panel from the names on these lists. However, no administrator, faculty member, classified staff 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 a Disciplinary Hearing Panel.
4. Disciplinary Hearing Panel Chair
   The decision of the Chair of the Disciplinary Hearing Panel shall be final on all matters relating to the conduct of the hearing unless there is a vote by other members of the panel to the contrary.

Conduct of the Disciplinary Hearing

All hearings shall be held in closed session and are confidential they are not open to the public.

1. The members of the disciplinary hearing panel shall be provided with a copy of the complaint(s) against the student and any written response provided by the student before the hearing begins.
2. The facts supporting the accusation shall be presented by a College representative who shall be the Director of Student Development or designee.
3. The College representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
4. Formal rules of evidence shall not apply. The standard of proof for Student Disciplinary Hearings will be a preponderance of evidence.
5. Unless the disciplinary 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 the 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 preponderance of evidence that the facts alleged are true.
6. The student has the right to be assisted in the hearing by an advisor. The advisor may provide counsel or support to the student, but are not permitted to speak to the panel or participate directly in the hearing. Advisors who do not observe this restriction can be removed from the hearing by the Chair of the Disciplinary Hearing Panel.
7. If the student is a minor, the student’s parent(s) or legal guardian must accompany him or her to the disciplinary hearing and may act on his or her behalf.
8. Witnesses shall not be present at the hearing when not testifying.
9. The student and the Dean of Student Support Services or designee may arrange for witnesses to present pertinent information to the Disciplinary Hearing Panel. Witnesses will provide information to and answer questions from the Disciplinary Hearing Panelists. All questions and responses are to be directed to the Panel, preferably the Chair, not between witnesses, complainant, and accused student.
10. If the complainant is unable to attend the hearing, his or her written statement will stand as his or her testimony.
11. The student and his or her advisor, if any, will be allowed to attend the entire portion of the hearing at which information is received, excluding deliberations of responsibility or sanctioning.
12. Should a student have an attorney present to advise him or her, the student must notify the Dean of Student Support Services or designee in writing at least five (5) business days prior to the Disciplinary Hearing of his or her intent to bring an attorney.
    1. The student discipline process is an administrative process, not a court-like trial or proceeding. Attorneys are allowed to serve as advisors in meetings, interviews, or hearings but may not speak on behalf of the complainant or accused student or speak to the Dean of Student Support Services or designee during the meeting, interview, or hearing. If complainants or accused students bring an attorney to a meeting, interview, or hearing, College personnel may request legal assistance.
13. In hearings involving more than one student in the same situation, the Dean of Student Support Services or designee may permit the hearings concerning each student to be conducted jointly.
14. Supporting documentation, including pertinent records, exhibits and written statements may be accepted as information for consideration at the discretion of the Chair. Prior student conduct violations may be considered in a hearing and for determination of sanctions.
15. Questions of whether potential information will be received will be resolved at the discretion of the Chair. All procedural questions are subject to the final decision of the Chair.
16. The Panel will determine whether the student is responsible for violating each section of the Standards of Student Conduct which the student is accused of violating. The Panel’s determination will be made on the basis of whether it is more likely than not (preponderance of evidence) that the student violated the Standards of Student Code.
    The Panel will then determine what sanctions they deem appropriate for such violations.
17. Hearings (excluding deliberations) will be audio-recorded and made a part of the student’s conduct file.
18. The Chair will prepare a written report detailing the finding, the vote, the information cited by the Panel in support of its findings and any information the Panel excluded and why, concluding with any recommended sanctions. The Chair will forward this document to the Director of Student Development or designee within five (5) business days upon the conclusion of the hearing.

Additionally:

1. Complainants are to be notified when written notice of the allegation/hearing is delivered to the accused student.
2. All parties to an allegation have a right not to face questions or discussion of their history or character unless the Hearing Panel Chair determines that such information is highly relevant to determining whether the policy has been violated.
3. Each party has the right to be present for all testimony and questioning. However, if requested, the Hearing Panel must make arrangements so that the complainant and accused are not in the same room at the same time.
4. The College must not require a complainant to be present as a prerequisite for the hearing to proceed or sanctions imposed.
5. Neither party is allowed to cross-examine each other or witnesses. All questions must be submitted to the Hearing Panel Chair.
6. Both parties have the right to appeal the decision of the panel.
7. The hearing shall be recorded by the College District by tape recording, and shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by tape recording, the Hearing Panel 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. The tape recording shall remain in the custody of the College District at all times, unless released to a professional transcribing service. The student may request a copy of the tape recording.

Special Provisions for Sexual and Gender-Based Misconduct

Cases of alleged sexual and gender-based misconduct as defined in Board Policy 3540 and Administrative Procedure 3540 will be directed to the Title IX Coordinator for review and investigation. The Title IX Coordinator will work in coordination with the Director of Student Development or designee to address any violations to the Standards of Student Conduct that are in addition to the allegations of sexual and/or gender-based misconduct as outlined below.

Sexual and gender-based misconduct includes, but is not limited to:

1. Bullying
2. Dating Violence
3. Discrimination
4. Domestic Violence
5. Intimidation
6. Retaliation
7. Sexual Assault
   1. Non-consensual sexual contact
   2. Non-consensual sexual intercourse
8. Sexual Exploitation
9. Sexual Harassment
   1. Hostile environment caused by sexual harassment
10. Stalking
11. Threatening or causing abuse including physical and verbal
12. Violence between those in intimate/dating relationships to each other

Notice of the Decision

The Dean of Student Support Services or designee shall provide the student written notice of the final resolution of charged violation(s). The written notice shall be sent to the student by certified mail, return receipt requested, or receipted for personal delivery or via El Camino College issued e-mail account with delivery notification, within five (5) business days of the written findings and decision of the Student Disciplinary Hearing Panel. In cases alleging gender-based or sexual misconduct, the complainant will receive comparable notice of the relevant findings and sanctions from the Title IX Coordinator or designee.

1. The written notice to the student shall include:
   1. The specific provision of the Standards of Student Conduct that was violated
   2. The sanction(s) imposed and the date(s) on or periods for which they are in effect
   3. A statement of the student’s right to appeal in writing to the Vice President of Student Services
   4. A statement that the failure to file a request for such an appeal within the time provided shall be deemed a waiver of the right to an appeal.

Appeals to the Vice President of Student Services

An appeal to the Vice President of Student Services or designee as a result of a Student Disciplinary Hearing Panel may be filed on the following grounds:

1. Proper procedures were not followed
2. There is new relevant evidence not reasonably available at the time of the hearing or the imposition of the sanction(s)
3. The evidence does not clearly support the finding(s)
4. The sanctions are inappropriate relative to the violation
5. Discrimination as defined in Board Policy 3410 and Administrative Procedure 3410

In cases alleging a violation of gender-based or sexual misconduct, both the accused student and the complainant have the right to appeal the findings of responsibility and/or sanctions based on the above criteria.

An appeal must be submitted in writing to the Vice President of Student Services or designee within five business days of receiving written notification of the hearing decision. The Vice President or designee will review the appeal and the hearing findings and may make a decision to uphold, reverse, revise, or modify the decision and sanctions imposed on the student.

The Vice President or designee will notify the student in writing by certified mail, with registered receipt, or via El Camino College issued e-mail account with delivery notification within ten (10) business days following receipt of the request for appeal of his or her decision.

The decision of the Vice President of Student Services or designee shall be final, except in the case of expulsion.

Procedures for Expulsion

The Board of Trustees is authorized to expel a student for good cause when other means of correction fail to bring about proper conduct or when the presence of the student causes a continuing danger to the physical safety of others. The notice of expulsion will be sent to the student with copies to the student file, Director of Student Development or designee, Dean of Student Support Services or designee, Director of Admissions & Records or designee, Vice President of Student Services or designee, Superintendent/President or designee, and El Camino College Campus Police Department. In the event the Vice President or designee has determined that he or she will seek a student’s expulsion, the following procedures will be followed:

1. Recommendation for Expulsion:
   1. If the Vice President of Student Services or designee determines that the student should be expelled, he or she shall deliver a written recommendation for the student’s expulsion to the Superintendent/President. A copy of the Vice President of Student Services or designee’s recommendation shall be provided to the student or, if the student is a minor, to his or her parent or guardian. The Vice President or designee’s recommendation for expulsion shall contain a statement of the charges against the student that provide the basis for his or her request that the student be expelled, including a factual description of the conduct upon which the charges are based, the action(s) taken by the Student Conduct Administrator and the recommendation of the Student Disciplinary Hearing Panel.
   2. The Board of Trustees shall consider any recommendation from the Superintendent/ President for expulsion at the next regularly scheduled meeting of the Board of Trustees after receipt of the recommended decision. The Board shall consider any expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures (Education Code Section 72122).
   3. The student shall be notified in writing, by registered or certified mail, by personal service, or via El Camino College issued e-mail account with delivery notification at least five (5) business days prior to the meeting, of the date, time, and place of the Board of Trustees’ meeting. The student may, within forty-eight hours (48) after receipt of the notice, request that the hearing be held as a public meeting. 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 to privacy of any student other than the student requesting the public meeting in a closed session.
   4. The Board may accept, modify, or reject the findings, decisions, and recommendations of the Superintendent/President. If the Board modifies or rejects the decision, 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. The final action of the Board on the expulsion shall be taken at a public meeting and the result of the action shall be a public record of the College District.
   5. The Vice President of Student Services or designee shall notify the student in writing within five (5) business days of the decision made by the Board of Trustees. The decision of the Board of Trustees shall be final.
   6. The final action by the Board of Trustees on the expulsion shall be taken at the public meeting, and the result of the action shall be a public record of the College District.

General Provisions

1. Failure of Student to Participate
   Student conduct procedures under this policy may proceed or continue notwithstanding the failure or refusal of a student to respond, attend, or otherwise participate after having been properly notified of the proceeding as provided herein.
2. Technical Departures from this Policy
   Technical departures from this policy shall not be grounds to void the College District’s right to take disciplinary action against a student; unless the technical departure or error prevented a fair determination of the issue.
3. Time Limits
   Any times specified in this administrative procedure may be shortened or lengthened if there is mutual concurrence by all parties.

Access to Records and Release of Information

Family Educational Rights and Privacy Act of 1974

All education records of students who enroll at El Camino College are kept in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974. A student may request access to his or her education record which personally identifies the student and may challenge the accuracy of the record or the appropriateness of its retention. Student consent is needed for the release of records covered by the act to outside parties (e.g., prospective employers) except for those agencies entitled to access under the provisions of the act (e.g., campus officials, other schools, federal educational and auditing officials, and requests in connection with the application or receipt of financial aid). These provisions apply to records received and used after Nov. 19, 1974.

Students may request a copy of a record that the student has requested or consented to be released. The full text of the Family Educational Rights and Privacy Act of 1974 is in the United States Code Annotated, Title 20, 1232g, pocket part, in the campus library reference room. Particular questions with respect to a student’s prerogative under the Family Educational Right and Privacy Act of 1974 should be directed to the office of the Director, Admissions and Records.

Student Information

In accordance with Education Code Section 54626: information may be made available to newspaper, magazine, radio, or television media and prospective employers for the purpose of reporting a student’s participation in officially recognized college activities and sports events or the student’s receipt of college degrees and awards.

Information may include the student’s name, address, telephone listing, date and place of birth, major field of study, class schedule, dates of attendance, weight and height of members of athletic teams, and the most recent previous educational institution attended by the student. The names and addresses of students may be provided to public or private schools or colleges for purposes directly related to the academic or professional goals of the institution.

A student who does not wish any or all of the information to be made available without prior consent must file a petition in the Admissions Office at the time of enrollment or before the beginning of classes, requesting that this information be withheld.

Notice of Non-Discrimination

The policy of the El Camino Community College District is, in part, to provide an educational and employment environment in which no person shall be unlawfully denied admission, access or benefit to, nor employment in any program or activity that is administered, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges on the basis of race, color, national origin, sex (including sexual harassment), gender, disability, and age as required by Title VI, Title IX, Section 504, the Age Discrimination Act.

Employees, students or other persons acting on behalf of the District who engage in unlawful discrimination as defined in this policy or by state or federal law may be subject to discipline up to and including expulsion or termination. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited.

The District has identified the Director of Staff and Student Diversity as the designated responsible employee for receiving all complaints of discrimination, harassment and retaliation and the designated coordinator under the ADA/Section 504, Title IX and the Age Discrimination Act. Inquiries regarding compliance with these statutes, and complaints may be directed to the Director of Staff and Student Diversity by calling 310-660-3593, ext. 3813.

Unlawful Discrimination Complaints

The College affirms its policy to provide an educational and employment environment in which no person shall be unlawfully denied admission, access or benefit to, nor employment in any program or activity that is administered, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges on the basis of race, color, national origin, sex (including sexual harassment), gender, disability, and age as required by Title VI, Title IX, Section 504, the Age Discrimination Act. Students or employees with questions, concerns or complaints of unlawful discrimination may contact and/or file a complaint with these offices.

Las Quejas por Discriminación Illegal

El Colegio reafirma su política de ofrecer una educación y entorno laboral en el que ninguna persona podrá ser ilegalmente ha negado el ingreso, el acceso o beneficio, ni empleo en cualquier programa o actividad que se administra, financiados directamente por, o que recibe ayuda financiera del Canciller del Estado o la Junta de Gobernadores de California Community Colleges sobre la base de raza, color, origen nacional, sexo (como el acoso sexual), el género, la discapacidad, la edad o según se requiera por el Título VI, Título IX, Sección 504, la Ley de discriminación por edad. Estudiantes o empleados con preguntas, preocupaciones o quejas de discriminación ilegal puede ponerse en contacto con y/o presentar una queja con estas oficinas.

Students and employees may file an official complaint with the appropriate offices or agencies to initiate an El Camino College discrimination investigation:

• El Camino College Director of Staff and Student Diversity
  Administration Building, Room 210
  310-660-3593, ext. 3813 (Students/Employees)
• California Community Colleges System Office
  Attention: Legal Affairs Division
  1102 Q Street, Sacramento, CA 95814-6511 (Students/Employees)
• U.S. Department of Education, Office for Civil Rights
  50 Beale Street, Suite 7200
  San Francisco, CA 94105 (Students)
• California Department of Fair Employment and Housing
  611 W. Sixth Street, Suite 1500
  Los Angeles, CA 90017 (Employees)
• U.S. Equal Employment Opportunity Commission
  255 E. Temple Street, 4th Floor, Los Angeles, CA 90012 (Employees)

Sexual and Gender-Based Misconduct

Including Sexual Assault, Sexual Harassment, and Dating Violence

It is the policy of the El Camino Community College District to provide an education, employment, and business environment free of sexual and gender-based misconduct, including sexual assault, domestic and dating violence, stalking, and sexual harassment such as unwelcome sexual advances, requests for sexual favors, as well as any other unlawful sexual or gender-based verbal or physical conduct or communications as defined and otherwise prohibited by state and federal law.

Sexual and gender-based misconduct violates the policy of the District and provisions of the California Fair Employment Act, Education Code and federal rules, regulations and laws prohibiting sexual and gender-based misconduct, including sexual assault, sexual harassment, domestic and dating violence, and stalking. Sexual and gender-based misconduct shall be immediately reported to the District’s Title IX Coordinator, or designee, or to any dean, director, or manager for immediate reporting to the Title IX Coordinator. Detailed information, including resources and Title IX procedures, is available in the Office of Staff and Student Diversity, Administration Building, Room 210 and online at www.elcamino.edu/administration/hr/diversity/misconduct.asp.

Students may review the Administrative Procedure for Board Policy 3540 on the El Camino College website www.elcamino.edu/administration/board/policies.asp.

Reporting of Crimes

Board Policy 3515

The Superintendent/President shall assure that, as required by law, reports are prepared of all occurrences reported to Campus Police and arrests for crimes committed on campus that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication. The Superintendent/President shall further assure that required reports of non-criminal acts of hate violence are prepared. Such reports shall be made available as required by state and federal law.

Annual Security Report

In accordance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Crimes Statistics Act, El Camino College is required to publish and distribute an annual security report containing campus security policies and procedures as well as campus crime statistics. The security report will include data on arrests and crimes committed on campus or at campus-sponsored events. In addition, other information related to reporting crimes or suspicious behavior; describing campus security and crime prevention programs and materials; and the college’s substance abuse education program will be included for distribution. Information is available on the college website: www.elcamino.edu/police/. These materials will be distributed annually to all employees and students, and be available upon request to applicants for enrollment or employment.

Drug and Alcohol Abuse Prevention Program

The El Camino Community College District has standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities (Board Policy 3550 and Board Policy/Administrative Procedure 3560).

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all facilities under the control and use of the District.

Any student or employee who violates these policies will be subject to disciplinary action (consistent with District policies; local, state, or federal law; and/or collective bargaining agreements), which may include but are not limited to referral to an appropriate rehabilitation program, expulsion or termination of employment, and referral for prosecution.

The health risks associated with the use of illicit drugs and the abuse of alcohol include: death, risk of addiction and withdrawal symptoms, impaired judgment, impaired performance, sexual dysfunctions, harm to a fetus, psychological problems, seizures, strokes, cardiac arrest or cardiovascular problems, lung damage or illnesses, bronchitis, respiratory arrest, needle-related illnesses and complications, muscle and nervous tissue-death, and infections.

The District will distribute to all students and employees the information required by the Drug-Free Schools and Communities Act Amendments of 1989. The Drug and Alcohol Abuse Prevention Program publication contains information about local services and programs, as well as community resources and contact information for those affected by alcohol or substance abuse. It also outlines the health risks associated with the use of illicit drugs and the abuse of alcohol.

A copy of this publication is available at http://www.elcamino.edu/about/depts/police/CrimePrevention/docs/DAAPP.pdf