RIVERSIDE COMMUNITY COLLEGE DISTRICT

STUDENT DISCIPLINE AND DUE PROCESS

The Riverside Community College District recognizes the importance of student discipline and due process.  To this end, the District has established regulations for standards of student conduct and disciplinary procedures which, when followed, assure students their due process rights.

Submitted to Board for First Reading                             9-6-83

Approved by Board                                                    11-1-83

Education Code Sections:  76030–76037

Adopted:          November 1, 1983

Amended:         May 19, 1998

RIVERSIDE COMMUNITY COLLEGE DISTRICT

Regulations for Policy 6080, Student Discipline and Due Process

     I.               Responsibility

A.                 The President of the College is responsible for establishing appropriate procedures for the administration of disciplinary actions.  All parties will attempt to resolve matters of student grievance or student discipline by following the procedures below.

B.                 The Vice President of Student Services will be responsible for the overall implementation of the regulations which are specifically related to all nonacademic, student related matters.

C.                 The Vice President of Academic Affairs will be responsible for the overall implementation of the regulations which are specifically related to class activities or academic matters.

D.                 For matters involving the prohibition of discrimination and the prohibition of sexual harassment, Board Policy 3099/4099 Affirmative Action and Staff Diversity and/or Board Policy 3110/4110/6110 Prohibition of Sexual Harassment, the concern should be referred to the District’s Affirmative Action Officer.  Board Policy 6080 does not apply to such matters.

E.                  The definitions of cheating and plagiarism and the penalties for violating standards of student conduct pertaining to cheating and plagiarism will be published in all schedules of classes, the college catalog, the student handbook, and the faculty handbook.  Faculty members are encouraged to include the definitions and penalties in their course syllabi.

   II.               Standards of Student Conduct

A.        Student conduct must conform to District policy and regulations and College procedures.  Violations of such regulations and procedures for which students are subject to disciplinary action include, but are not limited to, the following:

1.                  Disobedience to directions of District officials (including faculty) acting in the performance of their duties.

2.                  Violation of District rules and regulations, including those concerning student organizations, the use of District facilities, or the time, place, and manner of public expression or distribution of materials.

3.                  Various forms of dishonesty, including but not limited to:

a.                   Plagiarism:  Presenting another person’s language (spoken or written), ideas, artistic works or thoughts, as if they were one’s own;

b.                  Cheating:  Use of information not authorized by the instructor for the purpose of obtaining a grade.  Examples include, but are not limited to, notes, recordings, and other students’ work;

c.                   Furnishing false information to the District for purposes such as admission, enrollment, financial assistance, athletic eligibility, transfer, or alteration of official documents.

4.                  Forgery, alteration, or the unauthorized possession or use of District documents, records, or identification.

5.                  Unauthorized entry to or use of any District facilities.

6.                  Obstruction or disruption of District administrative functions, classes, disciplinary procedures, or any other authorized District activities.

7.                  Theft of or damage to property belonging to the District, a member of the college community or a visitor to campus while at any on-campus location, off-campus class site, or at any District sponsored event.

8.                  Theft of other abuse of District facilities and/or computing equipment including, but not limited to, the following:

a.                   Unauthorized entry into a file to use, read, or change contents, or for any other purpose;

b.                  Unauthorized transfer of a file;

c.                   Unauthorized use of another individual’s identification or password;

d.                  Unauthorized use of phone or electronic devices such as FAX, modem, etc.;

e.                   Use of computing facilities to interfere with the work of another student or District official employee;

f.                    Use of computing facilities to send or receive obscene or abusive messages;

g.                   Use of computing facilities to interfere with normal operations of the District computing system.

9.                  Disorderly, lewd, indecent, or obscene conduct or expression on District property or at a District sponsored or supervised activity which interferes with the District’s educational responsibility.

10.              Use, possession, distribution or being under the influence of alcoholic beverages, controlled substance(s) or poison(s) classified as such by Schedule D (Section 4160 of the Business and Professions Code) while at any on-campus location, any off-campus class site, or during any District sponsored activity, trip, or competition.

11.              Harassment and abuse, directed toward individuals and groups, which may include at least the following forms:  the use or threat of physical violence, coercion, intimidation, verbal or written harassment and abuse, and unwanted physical contact of any sort.

12.              Assault or battery, abuse, or any threat of force or violence directed toward any member of the District community or any campus visitor.

13.              Possession, while on a District campus or off-campus class site, or at a District-sponsored function, of any explosives or weapons, (except by persons given permission by the President of the College or member of law enforcement agencies, acting in their official capacities.)

14.              Use or possession of any article, not usually designated as a weapon, to threaten bodily harm.

15.              Use of an electronic recording or any other communications device (such as walkmans, cellular phones, pagers, recording devices, etc.) in the classroom without the permission of the instructor.

16.              The President of the College may at any time promulgate additional rules or modify or clarify the foregoing rules.

B.                 Campus Regulations

1.                  Students are not permitted to eat or drink in classrooms.

2.                  Smoking is prohibited in all District buildings.

3.                  Gambling is not permitted on campus.  Card playing or similar activities are prohibited except in a designated campus game or recreation area.

4.                  Dogs (with the exception of guide dogs) and other pets are not allowed on campus.

5.                  Printed materials to be distributed or posted must be approved for distribution by campus Student Activities Office.  Advertisement flyers and related literature may not be distributed or placed on vehicles parked in District sites.

6.                  In accordance with Sections 32050, 32051, and 32052 of the Education Code, the practice of hazing by organizations or individuals either on or off the campus is strictly prohibited.

7.                  Students must be fully attired, including shoes or sandals, while in the classroom or on the campus.

8.                  Library books and materials must be returned in a timely manner.

9.                  Use of audio equipment on campus in public areas is restricted to personal headphones or preapproved authorized activities.

10.              Except for authorized police bicycle patrols, the riding/use of bicycles, motorcycles, or motorized vehicles is limited to paved streets or thoroughfares normally used for vehicular traffic.  In addition, the riding/use of all types of skates, skateboards, scooters, or other such conveyances is prohibited on campus, except for approved activities.

11.              Only students enrolled in Riverside Community College are allowed to attend classes.  Therefore, the presence in classrooms or laboratories of unenrolled individuals is prohibited.  Occasionally, visitors to classrooms may be permitted when approved by the faculty member.

III.               Disciplinary Action

A.                 Any student who disrupts the orderly operation of a District campus, or who violates the standards of student conduct, is subject to disciplinary action.  Such action may be implemented by the President of the College or designee.

B.                 The various types of disciplinary actions are set forth hereafter:  The District may utilize any level of discipline without previously using a lower level of discipline and may utilize more than one type of discipline in an appropriate case if appropriate.

1.                  Verbal Warning:  This is a notice to the student that continuation or repetition of specified conduct may be cause for other disciplinary action.

2.                  Reprimand:  This includes a written statement and/or a probationary period to be specified by the President of the College or designee for violation of specified rules.  The reprimand serves to place on record that a student’s conduct in a specific instance did not meet the standards expected by the District.  It also specifies the steps necessary to correct the inappropriate conduct and to terminate the probation, if probation has been imposed.  A person placed on probation is notified that this is a warning and that continued conduct of the type described in the reprimand may result in further disciplinary action against the student.

3.                  Social Suspension:  Social suspension limits a student’s attendance on campus to his/her scheduled class hours.  This limitation of District privileges will be set forth in the notice of social suspension for a specified period of time.  The imposition of social suspension involves written notification to the student(s) and, if necessary, the advisor of the organization involved of the reason for social suspension.

4.                  “Temporary Suspension:”  This suspension is invoked by a classroom instructor due to student misconduct in the classroom.  The student may be removed from class the day of the occurrence and the subsequent class period.  If such suspension occurs, the instructor will immediately notify the appropriate Department Chairperson and/or campus Dean of Instruction who will in turn notify the campus Dean of Student Services.

5.                  Interim Suspension:  Interim suspension may be invoked prior to a hearing to protect the safety and welfare of the District.  This is an interim suspension from all campus privileges including class attendance.  Interim suspension is limited to that period of time necessary to resolve the problems that originally required the interim suspension, and in any case, no more than a maximum of ten (10) instructional days.

The student will be afforded the opportunity for a formal hearing within ten (10) instructional days of imposition of the interim suspension.

6.                  Restitution:  This is financial reimbursement to the District for damage or misappropriation of property.  Reimbursement may also take the form of appropriate service to repair or otherwise compensate for damage.

7.                  Disciplinary Suspension:  Disciplinary suspension is a suspension of all campus privileges including class attendance and may be imposed by the President of the College or designee following a formal hearing for misconduct when other corrective measures have failed or when the seriousness of the situation warrants such action.  Disciplinary suspension will not be more than ten (10) instructional days.

8.                  Extended Suspension:  The President of the College or designee may suspend a student for good cause from all classes and activities of the District for one or more terms.

9.                  Expulsion:  An expulsion is a long term or permanent denial of all campus privileges including class attendance.  The Board of Trustees may expel a student upon recommendation of the President of the College

C.                 For instances of academic dishonesty, a faculty member may take any one of the following actions:

1.                  The faculty member may reduce the score on test(s) or assignment(s), reduce the grade in the course, fail the student in the course and/or recommend to the appropriate administrative officer that the student be suspended from the course.  If course suspension is recommended, the administrative officer will review the information regarding the charge of academic dishonesty, notify the student, and prescribe appropriate due process procedures.

2.                  If the suspension is upheld the administrative officer will make note of the offense in the student’s educational records.  A second instance of academic dishonesty may result in expulsionary proceedings.  Any enrollment, tuition, and other applicable fees will not be refunded as a result of disciplinary action for academic misconduct.

IV.               Student Grievance Procedure

The purpose of a student grievance procedure is to provide a process by which student-related issues may be resolved in a fair and efficient manner following due process.  The procedure is intended to achieve an equitable solution to an issue with due regard for the rights of the student, the faculty, the student body, and the District.

 

A.                 Procedure Relating To Disciplinary Action

In all cases when the President of the College or designee has initiated disciplinary action, the student, within five (5) instructional days following notification of the action, may convey to the appropriate Vice President, in writing:

1.                  Concurrence with the decision, or

2.                  A grievance challenging the action.

Absence of any communication after the five day limit from the student indicates concurrence with the decision.

B.                 General Grievance Process

Student grievances (other than for discipline) will be processed in the following manner:

1.                  Consultation Process

a.                   Prior to any formal hearing, a student will be encouraged to contact the appropriate faculty or staff member and attempt, in good faith, to resolve the concern through the consultative process.  If a student is unsure of the appropriate faculty or staff member to contact, he or she should contact the campus Dean of Instruction, or campus Dean of Student Services for nonacademic matters, who will direct the student to the appropriate staff member.  In cases where either the student or faculty/staff member prefers to meet in the presence of a third party, he/she will contact the above mentioned administrators.  The Dean of Instruction or the Dean of Student Services will either serve as the third party or designate someone for this purpose.

b.                  If the issue is not resolved by the affected parties, the student may request an informal consultation with the appropriate department chairperson, dean or director.

c.                   If the issue is not resolved with the appropriate department chairperson, dean or director, the student may request an informal consultation with the campus Dean of Instruction or campus Dean of Student Services.

 

d.                  If the issue is not resolved with the appropriate dean, the student may request an informal consultation with the appropriate District Vice President.

(1)               For academic matters, the conference will be with the Vice President of Academic Affairs.

(2)               For nonacademic matters, the conference will be with the Vice President of Student Services.

e.                   The Vice President will convey a decision to all affected parties.

f.                    If the issue is not resolved at the informal consultation, the student may file a formal, written grievance requesting a formal hearing within thirty (30) instructional days of hearing from the Vice President.  The student will direct this letter to the appropriate Vice President.  The time limit for students to file a formal written grievance will be 120 days from the date of the incident giving rise to the grievance.

2.                  Formal Hearing

a.                   Upon receipt of a written request for a formal hearing, the Vice President will arrange for the hearing within a reasonable time period not to exceed twenty (20) instructional days.  The written request should contain a statement detailing the grievance to be resolved, and the action or remedy requested.  The Vice President will forward signed copies of all written grievances to the faculty member being grieved within seven (7) instructional days.

b.                  A grievance withdrawn from the formal hearing stage will be deemed without merit and cannot be refiled.

c.                   The formal hearing will be conducted before the Student Grievance Committee.  This committee will be composed as follows:

(1)               Two students appointed by the ASRCC President.

(2)               Two faculty members appointed by the Academic Senate President.

 

(3)               Two managers appointed by the President of the College.

(4)               The President of the College or his/her designee – a person who has received training in proper procedures – will serve as chair of the committee.

d.                  The Student Grievance Committee will:

(1)               Set a reasonable time limit for the hearing.

(2)               Receive signed written statements from both student and faculty involved in the grievance specifying all pertinent facts relevant to the case in question, a copy of which will be given to the other party with due notification of rights and responsibilities in the procedure for disposing of the case.

(3)               Transmit to all parties a written list of intended areas of inquiry to be asked at hearings or interviews at least 72 hours in advance of the hearing.

(4)               Allow each party the right to be assisted at the hearing by a student or staff member of the District whose participation will be limited to directly advising the student or staff member.  The advisor may not enter into the proceeding of the grievance committee.  In addition, each party has the right to question witnesses and testimony.

(5)               Judge the relevancy and weight of testimony evidence.  The committee will make its findings of fact, limiting its investigation to the formal allegations.  It will also make recommendation for disposition of the case.

(6)               Maintain a transcript of the proceeding which will be kept in a confidential file but be available for review by either party.

(7)               Submit its findings of fact and recommended action to each party and the appropriate Vice President within ten (10) instructional days of the completion of the formal hearing.

 

e.                   The formal hearing will be closed to the public.

f.                    Upon receipt of the Student Grievance Committee’s recommendation, the appropriate Vice President, within ten (10) instructional days, will transmit, in writing, his/her decision to all involved parties.

g.                   The student, within five (5) instructional days of receipt of the Vice President’s decision, may appeal the decision to the President of the College.  The President of the College may:

(1)               Concur with the Vice President’s decision,

(2)               Modify the recommended decision,

(3)               Recommend action to the Board of Trustees.

3.                  Appeals

In all cases, final appeal will rest with the Board of Trustees.

December 14, 2004