STUDENT DISCIPLINE PROCEDURES
The Hearing Procedure
In all cases where a hearing before a
Disciplinary Hearing Committee is to be held, not less than five (5) days prior to the
hearing the Administrator shall prepare and personally deliver or mail written notice to
the student. Notices sent to the last address available in the records of the College and
deposited in the United States mail, postage prepaid and return receipt requested shall be
presumed to have been received and read.
Notice shall specify the time and place
of the Hearing and contain a statement of the charges against the student. A copy of these
procedures shall be enclosed. Notice shall also specify if there is to be an interim
exclusion from the College campus pursuant to California Penal Code Section 626.4. In the
event the recommended sanction includes suspension of State financial aid, the procedure
set forth in Education Code Section 69811 shall be followed. Copies of such notice shall
be sent to the students instructors and the District Public Safety Office.
The Administrator shall be responsible
for making the necessary arrangements for the Hearing. Arrangements shall include
scheduling a room, providing for a tape recorder, providing notice to the student as
provided in the Hearing Procedures above, notifying members of the Disciplinary Hearing
Committee, and any other arrangements deemed necessary.
Either the student or the Administrator
may challenge any member of the Disciplinary Hearing Committee for cause. Any challenge
must be made in writing not later than forty-eight (48) hours prior to the hearing.
Grounds for cause include any personal involvement in the situation giving rise to the
disciplinary problems, any statement made on the matters at issue, or any other act which
indicates that the committee member would not act in a neutral manner. If a
challenge is upheld, the College President or designee must make an
appropriate replacement from the pool described in the Disciplinary Hearing Committee.
Prior to the commencement of the actual
hearing, the Disciplinary Hearing Committee members shall receive from the Administrator
copies of these procedures, meet in closed session, and select a chairperson. If the
committee members cannot reach mutual agreement on a chairperson, the College President
or designee shall designate a member to serve as chairperson. The chairperson shall
preside over the hearing and rule on all questions of procedure. All rulings of the
chairperson shall be final unless overruled by a majority of the committee.
to Representative. The student may
represent himself or herself or may be represented by another person, except
that he or she shall not be represented by an attorney unless the charges
include allegations that would constitute a criminal offense under
California law. In such case, the student must provide the name and address
of the attorney to the Associate Dean of Student Affairs no later than five (5) days prior to the
date of the hearing
Conduct of the
The chairperson shall call the hearing to order, introduce the participants, and announce
the purpose of the hearing.
The chairperson shall distribute copies of the charges to the members of the committee,
read the charges aloud, and ask the student if he or she has received the charges. No
charges shall be made other than the specific charges provided to the student at the
meeting described in the Preliminary Procedures and on the formal letter sent to the
student (described in the Hearing Procedure).
If the answer is in the affirmative, the hearing shall proceed. If the answer is in the
negative, the Administrator may present evidence to rebut the students denial of
notice. The chairperson shall decide whether or not to proceed with the hearing. If the
hearing must be rescheduled, it shall be held within five (5) days, unless otherwise
mutually agreed upon.
The student shall admit or deny each charge. If the student admits to each charge, and
wishes to present no evidence of mitigating circumstances or other defense, the committee
shall retire to make its decision. If the student denies any or all of the charges, or
wishes to present evidence of mitigating circumstances, the hearing shall proceed.
proof and of producing evidence: The Administrator has the burden of
proving that each charge is true. The student shall be regarded as innocent of the charges
until guilt is established by the Administrator by a preponderance of evidence.
"Established by a preponderance of the evidence" means that the Administrator
must persuade the committee that it is more probable than not that the charges are true.
The Administrator has the initial burden of producing evidence to prove each charge. The
Administrator must present the evidence in support of the charges first, and then the
student must present evidence to refute the Administrators evidence.
First the Administrator, and then the student, shall be afforded an opportunity to make or
waive an opening statement, i.e., give an outline of the charges and the facts to be
proved. The student may reserve his or her opening statement until after the Administrator
has finished presenting the case for the college. After the opening statements, first the
Administrator, and then the student, shall have the opportunity to present witnesses and
other relevant evidence in support of the case presented.
Formal rules of evidence shall not apply. All relevant evidence is admissible, including
but not limited to testimony of witnesses, physical objects, police reports photographs,
copies of documents, and signed and dated declarations of witnesses shown to be
unavailable to attend the hearing.
of Witnesses: Hearings shall be closed and confidential. Only
persons participating in the hearing shall be present during the hearing. All witnesses
shall be excluded except when testifying. Both the Administrator and the student shall be
entitled to call witnesses presented by the other. A member of the committee may ask
questions at any time upon recognition by the chairperson. Either side may recall a
witness, who again may be questioned by both parties and the committee.
First the Administrator, and then the student, shall be afforded the opportunity to make
or waive a closing argument. The committee shall retire to deliberate with only the
members of the committee present. The Disciplinary Hearing Committee shall reach
its decision based only upon the record of the hearing and shall not consider matters
outside of that record.
Decision: Within five (5) days of the hearing, the chairperson shall
deliver a written report giving specific findings of fact as to each charge, and making
recommendation(s) for action arrived at by a majority vote of the committee to the College
President or designee. The findings of fact shall recite what factual evidence, in the
opinion of the committee, supported or failed to support each charge. The findings shall
further show which, if any, of the charges the committee believes were substantiated. The
recommendation(s) for action shall be specific.
the Student: If the student charged does not appear, and no satisfactory
explanation for the absence is made at the earliest opportunity, or if the student leaves
the hearing before its conclusion, the hearing shall proceed without the student, and the
committee shall reach a decision based on the evidence presented.