Administrative Procedures 5520 Student Discipline Procedures
Please reference the MSJC web site under “Student Conduct” for any updates and revisions to this policy.
PURPOSE
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.
This administrative procedure is specifically 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 Section 76120, and will not be used to punish expression that is protected.
For discipline resulting from a sexual harassment complaint under Title IX, such complaints must be initially processed pursuant to the procedures set forth in AP 3434 Responding to Harassment Based on Sex under Title IX, before any disciplinary action is initiated under this procedure. In the event a finding of sexual harassment is substantiated under AP 3434, any resulting discipline shall be issued consistent with the procedures set forth in this procedure, except that the timelines for initiating discipline under this procedure do not apply in such cases.
DEFINITIONS
District - The Mt. San Jacinto Community College
Student - Any person currently or formerly enrolled as a student at any college or in any program offered by the District who was also enrolled at the time of the alleged violation of the Standards of Student Conduct.
Instructor - Any academic employee of the District in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has the responsibility for the student's educational program.
Removal from Class - Exclusion of the student by an instructor for the day of the removal and the next class meeting.
Reprimand (Written or Verbal) - An admonition to the student to cease and desist from conduct determined to violate the Standards of Conduct. Written reprimands may become part of a student's permanent record at the college. A record of the fact that a verbal reprimand has been given may become part of a students' record at the college for a period of up to one (1) year.
Immediate Interim Suspension (Education Code Section 66017) - The immediate suspension of a student when the Coordinator of Judicial Affairs or any education administrator concludes that immediate suspension is required to protect students or other from injury, to protect property, or to ensure the maintenance of order at the District. In cases where an interim suspension has been ordered, the time limits contained in these procedures shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, with be afforded to the student within ten (10) school days.
Short-term Suspension - Exclusion of the student for good cause from one or more classes, school activities, and/or all District facilities for a period of up to ten (10) school days.
Long-term Suspension - Exclusion of the student for good cause from one or more classes, school activities and/or all District facilities for more than ten (10) school days or from one or more classes for the remainder of the term, or from all classes and activities of the college for one or more semesters.
Expulsion - Exclusion of the student by the Board of Trustees from all colleges in the District for one or more terms.
Withdrawal of Consent to Remain on Campus - Withdrawal of consent by the Coordinator of Judicial Affairs for any person to remain on campus in accordance with California Penal Code Section 626.4 where Superintendent/President has reasonable cause to believe that such individual has willfully disrupted the orderly operation of the campus.
Day - Calendar days.
PROCEDURES
Short-term Suspensions, Long-term Suspensions, and Expulsions: Before any disciplinary action to suspend, or expel is taken against a student, the following procedures will apply:
Notice - The Coordinator of Judicial Affairs will provide the student with written notice of the conduct warranting the discipline. The written notice will include the following:
- The specific section of the Standards of Student Conduct that the student is accused of violating.
- A short statement of the facts .
- The right of the student to meet with the Vice President of Human Resources/Vice President of Student Services to discuss the notice, or to respond in writing.
- The nature of the discipline that is being recommended.
Time limits - The notice must be provided to the student within thirty (30) 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 thirty (30) days of the date on which conduct most recently occurred . These timelines for initiating discipline do not apply in sexual harassment cases that are processed under AP 3434.
Meeting - If the student chooses to meet with the Coordinator of Judicial Affairs, the meeting must occur no sooner than five (5) days after the notice is provided. At the meeting, the student must again be told the facts leading to the notice, and must be given an opportunity to respond verbally or in writing to the notice .
Short-term Suspension: Within five (5) days after the meeting described above, the Vice President Human Resources/Vice President of Student Services shall decide whether to impose a short-term suspension, whether to impose some lesser disciplinary action, or whether to end the matter. Written notice of the decision of the Vice President of Human Resources/Vice President of Student Services shall be provided to the student. The notice will include the length of time of the suspension, or the nature of the lesser disciplinary action. The decision of the Vice President of Human Resources/Vice President of Student Services regarding a short-term suspension shall be final.
Long-term Suspension: Within five (5) days after the meeting described above, the Vice President of Human Resources/Vice President of Student Services shall decide whether to impose a long-term suspension. Written notice of the decision of the Vice President of Human Resources/Vice President of Student Services 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 AP 5520 Student Discipline Procedures describing the procedures for a hearing. The student must submit a written request for a hearing within five (5) days after receipt of the Vice President of Human Resources/Vice President of Student Services' decision regarding a long-term suspension. Failure to submit a timely written request for a hearing shall constitute a waiver of the student's right to a hearing.
Expulsion: Within five (5) days after the meeting described above, the Vice President of Human Resources/Vice President of Student Services shall issue a written decision, regarding, whether to expel. Written notice of the decision shall be provided to the student. This notice will include the right of the student to request a formal hearing before expulsion is imposed, and a copy of AP 5520 Student Discipline Procedures describing the procedures for a hearing. The student must submit a written request for a hearing within five (5) days after receipt of the decision.
Schedule of Hearing: The formal hearing shall be held within thirty (30) days after a formal request for hearing is received.
Hearing Panel: The hearing panel for any disciplinary action shall be composed of:
- Two (2) full-time faculty (voting) appointed for one academic year by the president of the Academic Senate. If either or both of these faculty appointees are a direct party to a particular disciplinary case, the Academic Senate president will appoint a substitute for that situation only.
- The Coordinator of Judicial Affairs (non-voting).
- Administrator (voting) appointed for one academic year by the Superintendent/President. If this administrator appointee is a direct party to a particular disciplinary case, the Superintendent/President will appoint a substitute for that situation only.
- Two (2) students (voting) appointed for one academic year by the president of the Associate Student Government (ASG). If either or both of these student appointees are a direct party to a particular disciplinary case, the ASG president will appoint a substitute for that situation only.
The Superintendent/President, the President of the Academic Senate, and the Director of Student Life shall each, at the beginning of the academic year, establish a list of at least five (5) individuals who will serve on student disciplinary hearing panels. The Superintendent/President shall appoint the hearing panel from the names on these lists. However, no administrator, faculty member, or student who has any personal involvement in the matter to be decided, who is a necessary witness, or could not otherwise act in a neutral manner shall serve on a hearing panel.
Hearing Panel Chair - The administrator shall serve as the chair. The decision of the hearing panel chair 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 Hearing: The members of the hearing panel shall be provided with a copy of the notice issued to the student and any written response provided by the student before the hearing begins.
The facts supporting the notice, shall be presented by a college representative who shall be the Vice President of Human Resources/Vice President of Student Services, Coordinator of Judicial Affairs.
The college representative and the student 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.
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 the first presentation, followed by the student. The college representative may present rebuttal evidence after the student completes his/her/their evidence. The burden shall be on the college representative to prove by the preponderance of the evidence that the facts alleged are true.
The student may represent himself/herself/themselves, and may also have the right to be represented by an individual of his/her/their choice, except that the student shall not be represented by an attorney unless, in the judgement 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 (5) 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 hearing panel 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.
Hearings shall be closed and confidential unless the student requests that it be open to the public. Any request must be made no less than five (5) days prior to the date of the hearing.
In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the panel agree to the contrary.
The hearing shall be recorded by the District either by tape recording or stenographic recording. The official recording 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 individual present to identify themselves by name, and thereafter shall ask the witnesses to identify themselves by name. Tape recording shall remain in the custody of the District at all times, unless released to a profession transcribing service. The student may request a copy of the tape recording.
All testimony shall be taken under oath; the oath shall be administered by the hearing panel chair. 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 tape recorded is not unavailable.
Within ten (10) 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 finding regarding the notice and shall include specific conclusions regarding whether any specific section of the Standards of Student Conduct were violated. The decision shall also include a specific recommendation regarding the disciplinary action to be imposed, if any. The decision shall be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original notice, the written response, if any, of the student, and the oral and written evidence produced at the hearing.
Decision:
Long-term suspension - Within ten (10) days after receipt of the hearing panel'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 hearing panel. If the Superintendent/President modifies, or rejects the hearing panel's decision, the Superintendent/President shall review the record of the hearing, and shall prepare a new written decision which contains specific factual finding and conclusions. The decision of the Superintendent/President shall be final.
Expulsion - Within ten (10) after receipt of the hearing panel's recommended decision, the Superintendent/President shall render a written recommended decision to the Board of Trustees. The Superintendent/President may accept, modify, or reject the findings, decisions, and recommendations of the hearing panel. If the Superintendent/President modifies, or rejects the hearing panel's decision, he/she/they shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusion. The Superintendent/President's, decision shall be forwarded to the student and Board of Trustees.
Board of Trustees Decision: 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.
The Board shall consider an 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.)
The student shall be notified in writing, by registered or certified mail to the address last on file with the District, or by personal service, at least three days prior to the meeting, of the date, time, and place of the Board's meeting.
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 closed session.
The Board may accept, modify, or reject the findings, decisions and recommendations of the Superintendent/President or the hearing panel. 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 District.
Immediate Interim Suspension (Education Code Section 66017): The Superintendent/President may order immediate suspension of a student where he/she/they conclude that immediate suspension is required to protect lives or property and to ensure the maintenance of order. In cases where an interim suspension has been ordered, the time limits contained in these procedures 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) days.
Removal from Class (Education Code Section 76032): Any instructor may order a student removed from his/her/their class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the Vice President of Instruction and the Coordinator of Judicial Affairs. The Coordinator of Judicial Affairs shall arrange for a conference between the student and the instructor regarding the removal. If the instructor or the student requests, the Coordinator or Judicial Affairs position shall attend the conference. The student shall not be returned to the class during the period of the removal without the concurrence of the instructor. Nothing herein will prevent the Coordinator of Judicial Affairs from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal.
Withdrawal of Consent to Remain on Campus: The Coordinator of Judicial Affairs 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/she/they must promptly leave or be escorted off campus. If consent is withdrawn by the Coordinator of Judicial Affairs, a written report must be promptly made by the Vice President of Human Resources.
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 seven (7) days after, receipt of the request. The hearing will be conducted in accordance with the provisions of this procedure relating to interim suspensions.
In no case shall consent be withdrawn for longer than ten (10) days from the date upon which consent was initially withdrawn.
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).
Time Limits: Any time limits set forth in this procedure may be shortened or lengthened if there is mutual agreement to do so by all parties.
No Disciplinary Action against Complainants or Witnesses in Sexual Assault Investigation
An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District's student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.