Standards of Student Conduct

Student Conduct

The Board of Trustees and the campus community at MiraCosta College support a harmonious, safe, and productive learning environment. To promote such an environment, the board and the superintendent/president have established a set of standards for student conduct. This policy and the procedures associated with it clearly delineate and define student conduct expectations and the resolution steps associated with due process.

Students are expected to conduct themselves in an ethical manner consistent with a safe and harmonious campus environment.

Definitions

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

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

Possessing, selling, or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from the Vice President of Student Services.

Using, possessing, or distributing alcoholic beverages, illegal drugs or narcotics while on the college campuses. [Students should be aware that possession, use, or distribution of drug and alcohol substances on a campus violates California Health and Safety Codes §§11350, 11357b, and 11377 and California Business and Professional Code §25608, with the exception of the use, distribution and/or sale of alcohol at MiraCosta College Foundation sponsored events. Students serving as representatives of the College are prohibited from using alcohol at said events.]

Committing or attempting to commit robbery or extortion.

Causing or attempting to cause damage to college property or to private property on campus.

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

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

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

Engaging in harassing or discriminatory behavior based on accent, age, ancestry, citizenship status, color, disability, economic status, ethnic group identification, gender, marital status, medical condition, national origin, parental status, race, religion, sexual orientation, or veteran status, or any other status protected by law.

Willful misconduct that results in injury or death to a student or to college personnel.

Willful misconduct which results in cutting, defacing, or other injury to any real or personal property owned by the college.

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

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

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

Unauthorized entry upon or use of college facilities.

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

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

Disrupting of teaching, administration, or other college activities or programs.

Violating college or California Education Code regulations pertaining to student organizations, distribution of literature, and place and manner of public expression.

Illegally obtaining or altering college records, electronic information, or computer applications and committing any computer-related crimes as defined in California Penal Code §502.

Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure.

Students who engage in any of the above are subject to the procedures outlined in the Student Discipline procedures listed below.

MCCCD Board Policy/Administrative Procedure 5500

Student Discipline Procedures

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 afforded 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.

These administrative procedures are 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 §76120, and will not be used to punish expression that is protected.

The superintendent/president has designated the Vice President of Student Services as the administrator responsible for student discipline procedures.

Definitions

The college—The MiraCosta Community College District (commonly referred to as MiraCosta College)

Student—Any person currently enrolled as a student at any site or in any program offered by the college.

Faculty member—Any academic employee of the college in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has responsibility for the student's educational program.

Short-term suspension—Exclusion of the student from the college by the Vice President of Student Services or designee, for good cause, for a period of up to ten (10) consecutive days of instruction.

Long-term suspension—Exclusion of the student from the college by the Vice President of Student Services or designee for good cause for the remainder of the school term or for one or more terms.

Expulsion—Permanent exclusion of the student from the college by the Board of Trustees.

Removal from class—Exclusion of the student by a faculty member for the day of the removal and the next class meeting.

Written or verbal reprimand—An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. A record of the fact that a verbal reprimand has been given may become part of a student's record at the college for a period of up to one year.

Withdrawal of consent to remain on campus—Withdrawal of consent by the MiraCosta College Campus Police for any person to remain on campus, in accordance with California Penal Code §626.4, where the MiraCosta College Campus Police have reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus.

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 Vice President of Student Services or designee will provide the student with written notice of the conduct warranting the discipline. The written notice will be sent by both regular and certified mail and 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 supporting the accusation.

The right of the student to meet with the Vice President of Student Services or designee to discuss the accusation, or to respond in writing

The right of the student to bring an advocate or attorney to the meeting.

The nature of the discipline that is being considered.

Time limits: The notice must be provided to the student within ten (10) days of the date on which the conduct took place which led to the decision to take disciplinary action.

Meeting: If the student chooses to meet with the Vice President of Student Services or designee, the meeting must occur within five (5) days of receipt of the written notice of disciplinary action. 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.

Short-term suspension: Within five (5) days after the meeting described above, the Vice President of Student Services or designee 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 Student Services or designee 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 Vice President of Student Services' or designee's decision on a short-term suspension shall be final.

Long-term suspension: Within five (5) days after meeting with a student facing disciplinary action, the Vice President of Student Services or designee shall, decide whether to impose a long-term suspension. Written notice of the decision of the Vice President of Student Services or designee 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 the procedures for a hearing.

Expulsion: Within five (5) days after meeting with a student facing disciplinary action, the Vice President of Student Services or designee shall decide whether to recommend expulsion to the Board of Trustees. Written notice of the Vice President of Student Services' 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 the procedures for a hearing.

Hearing Procedures

Request for hearing: Within five (5) days after receipt of the decision of the Vice President of Student Services or designee regarding a long-term suspension or expulsion, the student may request a formal hearing. The request must be made in writing to the Vice President of Student Services or designee.

Schedule of hearing: The formal hearing shall be held within ten (10) days after a formal request for hearing is received unless there is a compelling reason for a delay, such as illness, unavailable witnesses, etc.

Hearing panel: The hearing panel for any disciplinary action shall be composed of an academic administrator, one faculty member and one student senator. The Vice President of Student Services or designee, the president of the Academic Senate, and the ASG president shall each, at the beginning of the academic year, establish a list of at least five (5) persons who will serve on student disciplinary hearing panels. The Vice President of Student Services or designee 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 who could not otherwise act in a neutral manner shall serve on a hearing panel.

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

Conduct of the Hearing

The members of the hearing panel shall be provided with a copy of the accusation against the student and any written response provided by the student before the hearing begins. The facts supporting the accusation shall be presented by the Vice President of Student Services, acting as the college representative.

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 or her evidence.

The burden shall be on the college representative to prove by a preponderance of the evidence that the facts alleged are true.

The student may represent him or herself, and may also have the right to be represented by a person of his or her choice. 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 such 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 college either by audio recording or stenographic recording, and this 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 audio recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify him or herself by name, and thereafter shall ask witnesses to identify themselves by name.

Any audio recording shall remain in the custody of the College at all times, unless released to a professional transcribing service. The student may request a copy of the audio recording.

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 is not unavailable.

Within five (5) days following the close of the hearing, the hearing panel shall prepare and send to the Vice President of Student Services or designee a written decision. The decision shall include specific factual findings regarding the accusation, 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.

The record consists of the original accusation, the written response, if any, of the student, and the oral and written evidence produced at the hearing.

Superintendent/President's Decision

Long-term suspension: Within ten (10) days following receipt of the hearing panel's recommended decision, the Vice President of Student Services or designee shall render a final written decision. The Vice President of Student Services or designee may accept, modify or reject the findings, decisions and recommendations of the hearing panel. If the Vice President of Student Services or designee 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 findings and conclusions.

The decision of the superintendent/president shall be final.

Expulsion: Within ten (10) days following receipt of the hearing panel's recommended decision, the Vice President of Student Services or designee 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 or she shall review the record of the hearing, and shall prepare a new written decision that contains specific factual findings and conclusions. The superintendent/president decision shall be forwarded to the 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 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 §72122)

The student shall be notified in writing, by registered or certified mail 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 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 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 that 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.

Immediate Interim Suspension (Education Code §66017)

The Vice President of Student Services or designee may order immediate suspension of a student where he or she concludes 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 §76032)

Any faculty member may order a student removed from his or her class for the day of the removal and the next class meeting. The faculty member shall immediately report the removal to the Vice President of Student Services or designee. The Vice President of Student Services or designee shall arrange for a meeting with the student regarding the removal. The student shall not be returned to the class during the period of the removal without the concurrence of the faculty member. Nothing herein will prevent the Vice President of Student Services or designee from recommending further disciplinary procedures in accordance with these procedures based on the facts that led to the removal.

Withdrawal of Consent to Remain on Campus

The Campus Police may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn. If the person is on campus at the time, he or she must promptly leave or be escorted off campus. If consent is withdrawn by the Campus Police a written report must be promptly made to the Vice President of Student Services or designee.

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 days from the date of 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 thirty days from the date upon which consent was initially withdrawn.

Any person from 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 §626.4)

Exception to Due Process—Athletic Rules Violations

Athletes who violate rules of the Pacific Coast Athletic Conference, the California Community College Commission on Athletics, or the MiraCosta College Athletic Department may be suspended immediately from intercollegiate competition.

To appeal a suspension, a student must write to the Director of Athletics within ten (10) days. The Director of Athletics will decide about the appeal within ten (10) days of receiving it and inform the student in writing of his/her decision. A student may make a final appeal in writing to the Vice President of Student Services within ten (10) days of the Director of Athletics' decision. The final decision will be sent by the Vice President of Student Services within ten (10) days of receiving the final appeal, with a copy sent to the superintendent/president.

MCCCD Administrative Procedure 5520