Why is this important to everyone at Ohlone College?

Ohlone College is primarily concerned with academic achievement, the growth and development of its students, and the wellness and safety of every member of its community. In addition, the College is committed to preserving peace, supporting a moral and just climate, meeting its contractual obligations, and protecting its property and that of its community members. It is important to treat all members of our community with equal care, concern, honor, fairness and dignity. The College, therefore, has established this Student Code of Conduct to communicate its expectations of students as positive members of the college community.

The primary purpose of the Student Code of Conduct, including the Standards of Student Conduct and its associated Student Discipline Procedures, is to protect the campus community and foster a safe, non-threatening environment that advances the academic mission of the College. Accordingly, students and student organizations will be held accountable for violations of College regulations and policies. Within this context, every effort will be made to foster the personal and social development of all parties involved. The Student Code of Conduct will be used in a fair and equitable manner, and not for purposes of retaliation. Additionally, it is not intended to infringe in any way on the rights of individuals and groups to engage in free expression as protected by the state and federal constitutions, and by California Education Code 76120, and will not be used to punish expression that is protected.

Authority for Administration of the Student Code of Conduct

The Ohlone College President has designated the Vice President of Student Services as the person responsible for the implementation of the Student Code of Conduct at the College. When applicable, the Student Discipline Procedures will also include the involvement of the Vice President of Academic Affairs and/or the Associate Vice President of Human Resources. The office of the Vice President of Student Services will coordinate the composition of the Student Conduct Board and the imposition of sanctions upon any student(s) found to have violated the Standards of Student Conduct.

Establishment and Interpretation of the Student Code of Conduct

The Student Code of Conduct is set forth in writing in order to give students general notice of prohibited conduct and an understanding of the associated procedures. It has been established by the College President as part of the Ohlone College Administrative Procedures, involving broad input from the college community including, but not limited to, the Faculty Senate and the College Council. Any substantive modifications to the Student Code of Conduct will similarly allow for all members of the college community to provide meaningful input.

The Student Code of Conduct is established in accordance with California Education Code Section 66300, which requires each community college district to adopt standards of student conduct along with applicable penalties for violation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.

This most current version of the Ohlone College Student Code of Conduct was finalized on ___________, 2015.

Standards of Student Conduct

The College reserves the right to take any necessary and/or appropriate steps to protect the safety and well-being of the college community. While the jurisdiction of the College shall generally be limited to conduct which occurs on College premises or at College-sponsored events, a student who is charged with a felony as a result of off-campus behavior, or who represents a risk to the health or safety of the college community, may also be subject to student conduct action. In addition, the jurisdiction may be extended when a student, or a student organization, commits a prohibited act off campus against a student or employee of the College, or against the College itself, when such act is related to the student's or victim's status at the College.

The College maintains its firm commitment to providing reasonable accommodations to students certified with disabilities, and such students are encouraged to discuss with DSPS (Disabled Students Programs and Services) any concerns they have about the requirements set forth within these Standards of Student Conduct. When appropriate, the College will give consideration to whether a conduct violation directly related to a student's disability could have been mitigated by reasonable accommodations. However, it is important to understand that the Standards of Student Conduct described here and the associated Student Discipline Procedures will be applied to all students equally, based exclusively on behavior and conduct.

Although not all-inclusive, the following actions, activities and behaviors are expressly prohibited.

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Students may be held accountable to both civil authorities and to the College for acts that constitute violations of the law and these Standards of Student Conduct. The College may proceed with the student discipline process while any criminal proceedings are in progress, and will not be subject to a challenge based upon the grounds that criminal charges connected with the same incident are pending, have been dismissed, reduced, resolved in favor of or against the criminal law defendant, or withdrawn. Any acts of student misconduct that are deemed to also be violations of criminal law shall be reported to law enforcement authorities.

Reporting Student Misconduct

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Consequences for Misconduct

Interim Suspensions

When there is evidence that the continued presence of a student on the College premises may pose a threat to him/herself or to others, or may substantially impede the lawful functions of the College, the College President or designee may suspend the student from the College or from a specified class or classes, restrict the student's access to College programs or services, or bar the student from the campus, for an interim period of up to ten (10) days. All hearing rights shall be afforded to the student by the end of this period. Sanctions of interim suspension are not appealable. Because they are imposed on the student, the absences that result cannot be used to drop the student. Further, the student should be provided the ability to make up any missed work if, at the conclusion of disciplinary procedures, he/she is returned to the classroom.

If any interim suspension is imposed upon a student who is a minor, the student's parent(s) or guardian(s) shall have the right to a conference with an appropriate administrator.

Sanctions

One or more of the following sanctions may be imposed for violations of the Standards of Student Conduct.

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  1. Removal from class
    The student is excluded by an instructor for the day of the removal and the next class meeting. When an alleged violation of the Standards of Student Conduct has occurred within a class, the instructor may remove the student from class for the day of the removal and the next class meeting, in accordance with California Education Code Section 76032. The instructor will report the violation and the removal to his/her academic dean and the Vice President of Student Services as soon as possible, but no later than the end of the day of the removal. The student may not return to class prior to the end of the removal period without the concurrence of the instructor.
  2. Written or verbal reprimand
    An admonition is issued 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. 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.
  3. Probation with Loss of Privileges
    The student is reprimanded in writing and warned that a more severe disciplinary sanction may result in the event of further violations of any College regulation within a designated period of time. In addition, the student will be restricted from participating in some or all extracurricular College activities during the designated period. Additional restrictions or conditions may also be imposed, such as limiting interactions with specified individuals or groups at the College. Notification will not appear on the student's transcript but may be sent to appropriate offices within the College, such as the Office of Campus Activities.
  4. Probation without Loss of Privileges
    The student is reprimanded in writing and warned that a more severe disciplinary sanction may result in the event of further violations of any College regulation within a designated period of time.
  5. Restitution
    The student is required to make payment to the College or to other person(s), group(s), or organization(s) for damages incurred as a result of the violation of the Standards of Student Conduct.
  6. Withdrawal of Consent to Remain on Campus
    A directive is issued that a student may not be present on campus for up to a period of fourteen (14) days, based upon a reasonable belief that he or she has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn. Any person for whom consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn without authorization, is subject to arrest (Penal Code Section 626.4).
  7. Suspension
    The student is excluded from the College for a specified period of time.
    • Short-term Suspension
      The student is excluded by the Vice President of Student Services or designee for good cause from one or more classes for a period of up to ten (10) days.

    • Long-term Suspension
      The student is excluded by the College President or designee for good cause from one or more classes for the remainder of the school term, or from all classes and activities of the College for one or more terms. When the suspension extends beyond the remainder of the current term, notification will appear on the student's transcript until the suspension period has expired. When suspended from the College, the student will have his/her ID card confiscated and/or invalidated for the period of the suspension. There shall be no reimbursement of any student fees.
  8. Expulsion
    The student is excluded by the Board of Trustees from all College campuses and programs. Documentation of expulsion will appear on the student's College transcript. Upon expulsion, the student’s ID card will be confiscated and invalidated. There shall be no reimbursement of any student fees.

In cases of Academic Dishonesty, academic sanctions may also be applied. These are described in detail in the Procedure on Academic Dishonesty.

Sanctions for group or organization violations may include revocation or denial of registration and funding, as well as other appropriate sanctions.

Student Discipline Process

The office of the Vice President of Student Services shall coordinate all considerations of student discipline. When the case under investigation may have direct impact on instruction or the educational environment at the College, the Vice President of Academic Affairs shall also be involved. When the case under investigation may have direct impact on working conditions for employees of the College and/or involves discriminatory actions against protected classes, the Associate Vice President of Human Resources shall also be involved. Campus Police Services will be consulted in all matters involving the safety and well-being of the college community, including any potentially criminal matters. See also the additional guidelines presented in Section VII below for cases involving attacking or threatening behavior.

Any alleged violation of the code of student conduct must be made in writing and provided to the Vice President of Student Services for consideration and action. A form is provided for this purpose but Campus Police report or other written form is acceptable. Any individual (student, faculty or staff) bringing forward a charge associated with threats, harassment or violence will be informed of victims' rights and may prepare a written statement, in addition to that individual's report, describing any outcome that they wish to see as a result of the College’s investigation.

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  1. Initial Review and Consideration of Interim Measures
    The Vice President of Student Services or designee will conduct a prompt initial review of the alleged violation(s) of the Standards of Student Conduct in order to determine whether sufficient conditions exist to impose an interim suspension or other interim measures pending a full investigation. Interim measures are steps taken while a discipline proceeding is pending in order to preserve the integrity of the investigation, the smooth operation of the College, and/or the safety of any alleged victims. Interim measures may be imposed at any point during the review, investigation and discipline processes.

    This initial review shall include an interview of the student and the individual(s) alleging the violation, if practicable. Interim measures are appropriate where the allegations, if true, include violence or threats of violence, harassment, destruction of personal property, and/or intimidating behavior toward specific individuals such as stalking, bullying or hazing.

    Interim measures are taken without a finding of wrongdoing and do not constitute evidence that the student is guilty of the conduct charged.

  2. Investigation
    The Vice President of Student Services will oversee the conducting of a fair, thorough and timely investigation of the allegations. The Vice President of Student Services understands that the information for a thorough investigation may come from a range of sources, including: reports from faculty, staff or administrators who directly observe the behavior; requests from faculty to impose discipline; informal or informal complaints from employees, students or the community, and the student’s relevant records such as prior disciplinary and academic history (if any). The scope of the investigation will depend on the severity and complexity of the allegations. At his/her discretion the Vice President of Student Services may engage the services of an outside investigator.

    At a minimum the investigation shall afford the accused student(s) and accusing witness(es) the opportunity to be interviewed and provide information to the investigator.

  3. Action upon Conclusion of Investigation
    The Vice President of Student Services shall determine the appropriate action, based upon whether he or she finds that there has been a violation of the Student Code of Conduct, and if so, the seriousness of the violation. Other factors that the Vice President of Student Services may consider in determining the appropriate action may include such things as the availability of witnesses and documentary evidence, mitigating or exacerbating factors, consistency with similar situations, and whether the College has a legal duty to remediate a hostile work or education environment. Based on the findings of the investigation, the Vice President of Student Services shall do one or more of the following:
    • Determine that there was no violation.
    • File the report for future reference in the Vice President of Student Services’ administrative files.
    • Issue a written reprimand to the student.
    • Impose other sanctions that do not involve removal (e.g. probation, restitution, etc.)
    • Refer the student to a College or community agency for counseling or rehabilitative treatment.
    • Initiate suspension or expulsion proceedings.
  4. Process for Actions Less than Short-Term Suspenion
    1. No Discipline:
      • The Vice President of Student Services will inform the accused student in writing of the findings and closure of the investigation.
      • If the allegations involved the filing of a complaint, the complainant will also be notified of the results of the investigation in conformance with the College’s complaint procedures. See http://www.ohlone.edu/core/policy-complaintprocedures.html.
      • There may be situations where discipline is not appropriate, but other steps should be taken to address the work or educational environment such as training, re-issuing of rules, or modifying the education or work environment of the faculty, staff or student reporting the misconduct. The Vice President of Student Services will consider the appropriateness of such steps in all instances where he or she determines that discipline is not appropriate. In conducting this review, the Vice President of Student Services will confer, as appropriate, with the Vice President of Academic Affairs, Associate Vice President of Human Resources, and/or alleged victim(s).
    2. Discipline Up to and Including Probation With Loss of Privileges.
      If the Vice President of Student Services or designee determines that misconduct occurred and that the appropriate sanction is no more severe than Probation with Loss of Privileges:
      • The student will be notified in writing of the charges and proposed disciplinary action, and be given the opportunity for a meeting with the Vice President of Student Services or designee, at which time the student may refute the charges and/or provide any information related to the alleged misconduct.
      • After meeting with the respondent, if the Vice President of Student Services does not find a basis to modify or rescind his/her recommendation; OR if the respondent has declined the opportunity to meet; OR if the respondent cannot be reached via telephone or email or does not respond to messages within two (2) days, the proposed sanction shall be imposed.
      • If the misconduct involved any act of violence, deliberate destruction of property, threats, intimidation, bullying, stalking, hazing, harassment or other conduct that has harmed another, the Vice President of Student Services will ensure that a meeting is held between the victim and appropriate College administrator to determine whether any further steps are necessary and appropriate to remediate that individual’s work or educational environment. Cases involving harmed employees will additionally involve the Associate Vice President of Human Resources and/or the Vice President of Academic Affairs or designee.
    3. Temporary removal from campus
      The Vice President of Student Services 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 must promptly leave or be escorted off campus. If consent is withdrawn by the Vice President of Student Services, a written report must be promptly made to the College President.

      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 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 fourteen (14) 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 Section 626.4).

  5. Processes Applicable to Short-Term Suspensions, Long-Term Suspensions, Interim Suspensions and Expulsions
    If the Vice President of Student Services or designee determines that the appropriate sanction is Suspension or Expulsion, the following procedures shall apply:
    1. Notice: The Vice President of Student Services or designee shall provide the student with written notice of the conduct warranting discipline. The written notice will include the following:
      • The specific sections of the Standards of Student Conduct that the student is accused of violating.
      • A short statement of the facts supporting the accusation.
      • The sanctions being considered.
      • A copy of the College’s student discipline procedure, including but not limited to the provisions authorizing the College President to impose a sanction greater than that recommended by the Student Conduct Board.
      • If the respondent is a minor, the respondent's parent(s) or guardian(s) will also be notified.
    2. Meeting – If the student chooses to meet with the Vice President of Student Services or designee, the meeting must occur no later than five (5) days after the notice is provided. 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.

    Within ten (10) days after the meeting described above, the Vice President of Student Services shall make a decision regarding whether to recommend a long-term suspension or expulsion, to impose a short-term suspension, or to impose some lesser disciplinary action. In the latter two cases, written notice of the Vice President’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 disciplinary action. The Vice President’s decision on a short-term suspension shall be final.

    If instead, the Vice President recommends a long-term suspension or expulsion, the College President shall, within five (5) days after the meeting described above, decide whether to impose a long-term suspension or recommend expulsion. Written notice of the College President’s 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 or expulsion is imposed, and a copy of this policy describing the procedures for a hearing. See the following section for more detailed descriptions of the final decisions of long-term suspensions and expulsions.

    If the Vice President of Student Services or designee has issued an Interim Suspension, then 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 of the beginning of the Interim Suspension.

Hearing Process for Long-Term Suspensions and Expulsions

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  1. Request for Hearing

    Within five (5) days after receipt of the College President’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 College President or designee. The formal hearing shall be held within ten (10) days after a formal request for hearing is received. In all cases when a hearing is called, the respondent shall be given a minimum of five (5) additional days to prepare for the hearing and shall have the right to meet with the Vice President of Student Services or designee prior to the hearing to review the case file, clarify the process, ask questions, etc. The respondent may waive, in writing, the five (5) days to prepare for the hearing.

    If the student fails to request a hearing within the time allotted, then the hearing is waived. If the hearing is waived, and the recommended discipline is a long-term suspension, the discipline shall be imposed. If the hearing is waived, and the recommended discipline is an expulsion, the College President’s recommendation will be forwarded to the Board of Trustees. See the "Final Decision" section below for more information on this.


  2. The Hearing Panel

    The hearing panel is known as the Student Conduct Board. The office of the Vice President of Student Services will coordinate the composition of the Student Conduct Board as follows: the Associated Students of Ohlone College (A.S.O.C. Council) shall appoint two students; the Ohlone Faculty Senate President shall appoint two faculty members; and the College President shall appoint two administrators, one of whom shall serve as chairperson of the Student Conduct Board. In all cases, anyone who will be a witness in the hearing process, or was involved in the alleged incident, or has a unique relationship with a participant in the incident, shall be disqualified from serving on the Student Conduct Board.


  3. Closed Nature of Hearings

    All student conduct hearings are closed to the public and treated as confidential unless the respondent requests that it be open to the public. Any such request must be made no less than five (5) days before the hearing. In a closed hearing, each witness shall only be present during the portion of the hearing when he/she is testifying, unless all parties and the panel agree to the contrary.

    Student disciplinary information and files are confidential as per the federal Family Educational Rights and Privacy Act (FERPA). Therefore, all participants in a student conduct hearing are required to consider all information and decisions related to the hearing to be confidential. Any participant who fails to adhere to this expectation may be subject to disciplinary action. The College will only disclose the final outcome of a student conduct hearing to the respondent, the victim of an act of violence or a non-forcible sex offense, as defined by the FBI Uniform Crime Code (as per the Higher Education Reauthorization Act), and to College officials and faculty members who have a legitimate educational interest in the outcome.

    The hearing shall be recorded by the College either by audio recording or stenographic 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 record is by audio recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify him/herself by name, and thereafter shall ask witnesses to identify themselves by name. The 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, at his/her own expense, provided that the use of such copy is for any subsequent proceedings related to the case. The respondent shall be allowed to listen to the recording (with staff present) upon request.


  4. Use of Representatives

    The student may represent himself/herself, and, at his or her own cost, may also be represented by a person of his/her choice, except that the student shall not be represented by an attorney unless, in the judgment of the hearing panel, complex legal issues are involved or in cases where the respondent may be subject to expulsion. 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 also utilize legal assistance at the hearing. 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. Any attorney advising the panel shall not also advise the College representative presenting the case.

    Should the hearing involve a minor student, the student will have the option of having the parent(s) or guardian(s) present also. If this occurs, the parent(s) or guardian(s) are not permitted to address the Student Conduct Board or to speak on behalf of the student, unless acting as the student’s representative.

    In the event that the student fails to appear at the scheduled hearing without good cause, his or her request for hearing will be deemed withdrawn. The Student Conduct Board will determine whether good cause is shown and, if so, reschedule the hearing. If good cause is not shown, and the recommended discipline is a long-term suspension, the recommended discipline shall be imposed. If the recommended discipline is expulsion, the recommendation will be forwarded to the Board of Trustees for final action.


  5. Evidence

    The purpose of the hearing is for the Student Conduct Board to hear evidence, to make findings of fact, and to make decisions based upon those facts. The burden of proof shall be on the College, represented by the Vice President of Student Services or designee.

    The respondent shall have the opportunity to provide testimony. Additionally, the respondent may request that witnesses and other personnel with pertinent information, as agreed to by the Student Conduct Board, be called to testify against the alleged charges and/or in support of a less severe sanction.

    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, as determined by the Student Conduct Board. A witness who refuses to be recorded is considered to be unavailable.

    All members of the Student Conduct Board shall have the opportunity to ask clarifying questions of the Vice President of Student Services or designee, the respondent, and/or any victim or witness providing testimony at the hearing.

    Evidence shall be admitted if it is relevant and is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Prior student disciplinary history is not permitted to be included in the conduct body's determination of whether the specific violation of the Standards of Student Conduct being considered has occurred. However, should the student be found responsible for violating the Standards of Student Conduct, any previous violations at the College may be considered in determining the specific sanction to recommend. Other factors in determining the sanction include, but are not limited to, the severity of the violation, the demeanor of the student, and the general welfare of members of the college community.

    Hearsay evidence may be received but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Formal rules of evidence shall not apply. Irrelevant and unduly repetitious evidence may be excluded. No evidence other than that received at the hearing shall be considered. Any witnesses who knowingly provide false information to a Student Conduct Board may be subject to disciplinary action.


  6. The Decision of the Student Conduct Board

    All deliberations of the Student Conduct Board will be made in closed session, without the presence of the parties their representative(s), or the alleged victim(s) or witness(es).

    All decisions by the Student Conduct Board shall be determined by majority vote, but best efforts will be made to reach a unanimous consensus. Members of the Student Conduct Board shall act objectively and free of personal bias.

    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 accusation, the written response, if any, of the student, and the oral and written evidence produced at the hearing. Findings shall be based on a preponderance of the evidence presented.

    Within five (5) days of the close of the hearing, the Student Conduct Board shall prepare, and the chairperson shall deliver to the College President, a written report giving specific findings of fact as to each charge, 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 recommendation will also be sent to the Vice President of Student Services and the student charged.


  7. The Final Decision

    Long-Term Suspension

    Following the hearing process described above, the College President shall render a final written decision within five (5) days of receiving the recommendation of the Student Conduct Board. The College President may accept, modify or reject the findings, decisions and recommendations of the Student Conduct Board, which includes the authority to choose a more or less severe sanction. The College President’s decision shall be based solely on the following:

    1. The record of the hearing;
    2. New and reliable documentary evidence that was not available prior to the hearing and would not have been available to one using reasonable diligence;
    3. Evidence that the discipline process, as outlined in the Student Code of Conduct, was not adhered to during the hearing, resulting in a significant impact on the final outcome of the hearing.

    If the College President modifies or rejects the Student Conduct Board’s decision, the College President shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions and shall explain why the final sanction differs from that recommended by the Student Conduct Board.

    The decision of the College President shall be final unless he or she determines to impose the more severe sanction of expulsion. In this instance, the recommendation shall be forwarded to the Board of Trustees.

    The President's office shall send a copy of his/her decision to the respondent, the Vice President of Student Services, and the chair of the Student Conduct Board.

    The College President shall also provide notice of the decision to the Ohlone College Board of Trustees, purely as information.

    Expulsion

    Following the hearing process described above, the College President shall render a final written decision within five (5) days of receiving the recommendation of the Student Conduct Board. The College President may accept, modify or reject the findings, decisions and recommendations of the Student Conduct Board, in the same manner as with a long-term suspension.

    If the College President modifies or rejects the Student Conduct Board’s decision, the College President shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions and shall explain why the final sanction differs from that recommended by the Student Conduct Board.

    If the final recommendation of the College President is to expel, he or she shall forward this recommendation to the Board of Trustees using the process described below. If the College President decides to reduce the sanction to anything less than expulsion, his or her decision is final.

    The Board of Trustees shall consider any recommendation from the College 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 or by personal service, at least three (3) 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 College 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 that contains specific factual findings and conclusions. The Board’s decision shall be based on:

    1. The record of the hearing;
    2. New and reliable documentary evidence that was not available prior to the hearing and would not have been available to one using reasonable diligence;
    3. Evidence that the discipline process, as outlined in the Student Code of Conduct, was not adhered to during the hearing, resulting in a significant impact on the final outcome of the hearing.

    The decision of the Board shall be final.

    The final action of the Board on the expulsion shall be taken in open session, and the result of the action shall be a public record of the College.


When Student Misconduct Involves Harm or Threat of Harm to Others

It is imperative that all members of the Ohlone College community feel as safe as possible. Toward that end, this Student Code of Conduct includes information for anyone who has been the subject of student misconduct involving physical injury, destruction of personal property, harassment, sexual harassment, sexual misconduct, bullying, cyberbullying, hazing, and/or threats or intimidation as defined in this Conduct Code (referred to in this section generally as “attacking or threatening behavior”). "Student misconduct" means that the behavior occurred either on one of the College’s campuses or directly connected to College-related interactions.

In incidents of attacking or threatening behavior, the student disciplinary process will be collaboratively coordinated by the Vice President of Student Services, the Vice President of Academic Affairs, and the Associate Vice President of Human Resources, collectively referred to here as the Administrative Team. If the victim is a student, the Administrative Team will directly involve the College Ombudsperson. If the victim is an employee, the Administrative Team will directly involve the appropriate union representative. For the purposes of this process, the Administrative Team will determine, in consultation with the appropriate representative, whether an individual is considered a victim.

In some circumstances, a person may be uncomfortable with the word “victim,” but the rights in this section are intended to help provide such a person with support, empowerment, and closure. While the victim will be afforded the rights described here, he/she will always have the option to decline these rights, if that is preferred.

While the College is invested in supporting the needs of the victim, the privacy rights of all students must also be protected. The following victims’ rights have been established, keeping that balance of rights in mind.

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Maintenance of Disciplinary Records

The office of the Vice President of Student Services shall maintain all student disciplinary records. Such records are confidential and will be kept separately from the student's academic records. In the event that a student is not found in violation of the Standards of Student Conduct, the case file shall be maintained for a period of one calendar year and subsequently destroyed. Student conduct files of all students found in violation of the Standards of Student Conduct shall be retained by the College for a period of at least ten (10) years. Records of expulsions and suspensions shall be permanently retained.

Sanctions that are no more severe than Probation with Loss of Privileges shall not be reported to outside agencies after three (3) years from the date that the sanction was concluded, except as may be required by a court order or when the student provides the College with written permission to release the records. Records for students who have been expelled or suspended will be reported to outside agencies, with appropriate authorization, indefinitely.

The following terms are used in the Student Code of Conduct. Click on any term to see its definition (you can click again on the term to close it):

In all cases, the terms "will" and "shall" are used in the imperative sense.