Code of Conduct

TABLE OF CONTENTS:

1. Expected Conduct
2. Purpose
3. Campus Expression
4. Basis for Discipline
5. Dress Code
6. Removal From Class by Instructor
7. Grounds for Discipline
8. Pets on Campus
9. Parking Violations
10. Forms of Discipline
11. Interim Suspension
12. Disciplinary Authority
13. Procedure for Disciplinary Hearing
14. Discipline Imposed
15. Recording the Hearing
16. Expulsion Hearing
17. Governing Board Decision
18. Recognition of Penalty
19. Recovery for Non-Accidental Damage to District Property
20. Readmission After Expulsion
21. Confidentiality of Hearing
22. Student Identification
23. Definitions

YUBA COMMUNITY COLLEGE DISTRICT STUDENT CODE OF CONDUCT

1. Expected Conduct - (Table of Contents)
In joining the academic community, students are expected to conduct themselves in accordance with district standards and to comply with district rules and those adopted by state and local authority.

2. Purpose - (Table of Contents)
The purpose of this policy is to give notice of inappropriate conduct and to provide a procedure for disciplining students which offers fair and objective treatment.

3. Campus Expression - (Table of Contents)

1. Discussion and expression of all views is encouraged within the state, subject only to
   1. Requirements for the maintenance of order.
   2. Conformance with other sections of this Student Code of Conduct
   3. Observance of the right of others to listen or not listen.
   4. Other restrictions in the law.
2. The College recognizes the right of students to free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia, except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to the commission of unlawful acts on district premises, or the violation of lawful district regulations, or the substantial disruption of the orderly operations of the district is prohibited. (See Educ. C. §76120)
3. Normally, literature or publications to be distributed on campus will be registered with the Associate Dean for Activities at least 48 hours prior to distribution. Under no circumstances may distributors interfere with the right of others to take or not to take the literature, freely circulate about the campus, and enjoy their other personal rights free of harassment.
4. All daytime non-class activities will normally be held during "college hours" between 12 noon and 1 p. m. on Tuesdays and Thursdays. The place normally will be the theater If weather permits; otherwise the Associate Dean for Activities will schedule the activity in the most appropriate available space, avoiding conflicts with classes and other previously scheduled activities. The Associate Dean may schedule other hours only when he or she is convinced that the activities will not interfere with the holding of classes and other normal college activities.
5. Off-campus individuals, groups or activities, whether sponsored by the students, faculty, off-campus groups, or individuals shall be scheduled through the Student Activities Office as provided in Section 8 of the President's Handbook of Administrative Rules and Regulations. Normally, ten (10) working days' notice will be required in order to schedule such activities.

4. Basis for Discipline - (Table of Contents)
Students are subject to college discipline for acts which occur on district owned or controlled property, or at a district sponsored event, or while going to or from a district sponsored event when the transport is furnished by the district or is subject to district approval.

5. Dress Code - (Table of Contents)
Students are expected to demonstrate maturity and exercise good judgment mid taste In everyday attire. Whatever the students judgment, however, every Individual Is required to wear shoes or bona fide street sandals In all campus buildings, except the room areas of the residence halls. There are other areas of the campus, e.g., Gymnasium, Tennis Courts, Track, Shop Areas, where certain types of footwear may be required because of safety factors and/or potential damage to the surface of the facility. Men, as well as women, must have the upper part of their bodies covered at all times. Acceptable shirts must be worn except, in the case of men, in authorized sun bathing or sports activity areas.

6. Removal From Class By Instructor - (Table of Contents)

1. An instructor may remove a student from his or her class for the day of the removal and the next class meeting. The Instructor shall Immediately report the removal to the College President for appropriate action.
2. Before ordering the removal of any student from his or her class, the instructor shall first give, or make reasonable efforts to give, the student a verbal or written notice of the reasons for the proposed suspension. There need be no delay between the time notice is given to the student and the time of any discussion of the issues between the instructor and the student.
3. If the student removed by an instructor is a minor, the College President or the president's designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the instructor or the parent or guardian so requests, a college administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the instructor of the class.
4. This action is independent of any action taken pursuant to other provisions of this Student Code of Conduct even if the acts or omissions of the student are the same. (See Educ. C. §76032)

7. Grounds for Discipline - (Table of Contents)
Students are subject to discipline for any of the following acts (subject to the limitations of Section 4., above).

1. Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of college personnel.
2. Assault, battery, or any threat of force or violence upon a student, college personnel, or visitors. This includes mutual affrays.
3. Tampering with, damaging, or removing fire extinguishers, or any part of the fire alarm system (including smoke detectors and
   exit signs) or violating fire and fire protection regulations.
4. Sexual harassment - defined, as forcing unwanted sexual attention on another.
5. Sexual battery - defined as including, but not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object.
6. Sexual assault - defined as a threat coupled with the apparent capability to commit sexual battery.
7. Willful misconduct which results in injury or death to college personnel, a student or a visitor which results in cutting, defacing, or other injury to any real or personal property owned by the district, college personnel, students or visitors.
8. Theft of property of the district, college personnel, students or visitors.
9. The use or possession of a firearm or other deadly weapon or of explosives or hazardous chemicals without prior written approval of the College President or his or her designee.
10. The use, sale, distribution or possession on campus of, or presence on campus under the Influence of, any controlled substance, or any poison classified as such by Schedule D in section 4160 of the Business and Professions Code or any drug paraphernalia as defined In Health and Safety Code section 11014.5.
11. Use, possession, or distribution of alcoholic beverages.
12. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
13. Dishonesty, including but not limited to knowingly furnishing false Information to college authority.
14. Forgery, alteration, or misuse of district documents, records, or identification.
15. Willful obstruction or disruptions of instruction, research, administration, disciplinary procedures or any and all other district activities.
16. Cheating or plagiarism. Plagiarism is defined as the knowing appropriation or imitation of language, ideas and thoughts of another and representation of them as one's original work.
17. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
18. Conviction of a felony or a misdemeanor involving moral turpitude, whether or not a "no contest" plea is entered.

8. Pets on Campus - (Table of Contents)
Students are not allowed to bring pets on campus without prior written approval from the college President or his or her designee. This does not apply to trained guide dogs for the blind or hearing impaired.

9. Parking Violations - (Table of Contents)

1. After five (5) parking violations, a student may be subjected to the penalties of Disciplinary Probation, including Ineligibility for athletics and other student activities, and withholding of grades and transcripts. In addition, the fifth (5th) unpaid ticket may result in tow-away and impounding of vehicle; redemption of vehicle at Mitchell's Towing Service, 1523 B Street, Marysville, California 95901, requires payment of $45.00 to $60.00 (depending on make and conditions for transportation) towing fee, plus a daily Storage Fee after the first 24 hours (if vehicle Is removed by owner from the area In which It is Illegally parked prior to being towed away but after towing service has been called, the owner must pay the service fee of W.00 charged by the towing agency).
2. All other traffic violations will be handled as provided for in the Vehicle Code.
3. No student may be removed from school, suspended-nor expelled -for a parking violation. (See Educ. 0. §76036.)

10. Forms of Discipline - (Table of Contents)
The following are the forms of discipline which may be imposed on students by disciplinary authority (see Section 12., below),

1. A verbal reprimand given in a disciplinary conference with an administrator. No record is made in the student's permanent file.
2. 1. A written reprimand given after a disciplinary conference with an Administrator (also called disciplinary probation. A copy is filed in the student's permanent file.
   2. If the student Is a minor, a copy of the letter shall be sent to the students parent or guardian and the parent or guardian shall be Invited to confer with the college administrator imposing the discipline.
3. Ineligibility to participate in extra curricular activities for nine calendar days or less.
4. Suspension from one or more classes for nine calendar days, or less.
5. Ineligibility to participate in extra curricular activities for ten calendar days or more.
6. Suspension from one or more classes for 10 or more calendar days up to the balance of the term.
7. Suspension from one or more classes for the balance of the term and up to two following terms.
8. Expulsion from school.

11. Interim Suspension - (Table of Contents)
When an immediate suspension is required to protect person or property or to insure the maintenance of order, it may be ordered by the College President. A reasonable opportunity must be afforded the student for a hearing within 10 calendar days (See Educ. 0. § 66017).

12. Disciplinary Authority - (Table of Contents)

1. The College President or his or her designee is authorized to impose the penalties stated in section 10.a. through d. The imposition of penalties stated in section 10.e. through h., requires application of the procedures stated in section 13.
2. The College President, at his or her discretion, may appoint a Disciplinary Committee. The committee shall then have the authority to bear and decide any discipline stated In section 10e. through g. The committee shall have three members:
   1. A member of the faculty selected by the Academic Senate.
   2. A student selected by the Associated Students of Yuba college.
   3. An administrator selected by the College President, who shall chair the committee.
   4. Any committee members who have not been selected and notice of selection given to the College President by the twentieth college day of the Fall semester shall be appointed by the College President.
   5. No later than 15 calendar days after their selection the committee shall be convened and the authority and process for the committee reviewed.
   6. When a student has been charged, this committee shall decide whether or not to Impose discipline, as described in
      section 10e. through g., in accordance with the procedures stated in this policy.
   7. Only the governing board Is authorized to expel a student. (See Educ. C. §76030)

13. Procedure for Disciplinary Hearing - (Table of Contents)

1. The procedure to be applied prior to the imposition of discipline pursuant section 14 is as stated here
2. If the student Is a minor, notice of proposed discipline shall be sent certified mail to the parent or guardian of the student at the same time the student Is served.
3. The student shall be given a statement in writing, which identifies the violation with sufficient detail to permit the preparation of a defense.
4. The statement shall also Identify the penalty proposed, and attach a copy of this policy and a declaration that the student may be represented by anyone of his or her choosing. If the student does not elect to have a representative, he or she may have someone of his or her choosing present at the hearing.
5. If the student is to be represented by an attorney, he or she shall so state In his or her Request for Hearing and Identify the attorney by name, address and telephone number. The hearing will then be continued for an additional five college days for the district to secure counsel, If h chooses to do so.
6. The district may also employ an attorney to assist the disciplinary authority.
7. To be timely, a student must request a hearing within five college days after personal service of the statement of charges (c.,above) or eight college days after service by certified mail. If the student fails to make a timely written request, the student has waived his right to a hearing and the proposed penalty may be Imposed by the disciplinary authority without further notice to the student or any evidentiary hearing. A Request for Hearing form must be served with the charges. If the hearing is requested in a timely manner, the college will set the matter for hearing five college days after the request unless a continuance Is requested by the student. That continuance may not exceed ten college days.
8. Oral evidence may be taken, but only on oath or affirmation.
9. The student and the charging party shall have these rights: to call and examine witnesses and to Introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the Issues; and to rebut the evidence against him or her. If the student does not testify in his or here own behalf, he or she may be called and examined as If under cross- examination.
10. The hearing need not be conducted according to technical rules relating to evidence and witnesses except as heroin after provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required
    by statute to be recognized at the hearing, and Irrelevant and unduly repetitious evidence shall be excluded.
11. Where the charge is sexual harassment, sexual assault or sexual battery, evidence of specific Instances of a complainants sexual conduct with individuals other than the alleged perpetrator is presumed Inadmissible absent an offer of proof establishing h relevance and reliability and that is probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issue.

14. Discipline Imposed - (Table of Contents)
After the disciplinary authority has determined that the student's conduct merits discipline that authority may:

1. Impose the disciplinary penalty proposed in the statement of charges, to take Immediate effect, or
2. Impose a lesser disciplinary penalty than that requested, or
3. Declare the penalty (under a. or b. above) and then declare that it shall not go Into Immediate effect but shall be stayed for the period of the penalty, subject to a requirement of the student's good behavior during that period. To use this option, the student must also agree that his or her full sentence will be served (with appropriate adjustment of the dates of the penalty period) if this, or a subsequent Disciplinary Committee, determines that the student has not met the condition of good behavior. Such latter determination of the Disciplinary Committee to be made based an sworn charges without an evidentiary hearing

15. Recording the Hearing - (Table of Contents)
A hearing reporter or tape recorder shall either record the hearing. If a tape recorder Is used, the tape of the hearing shall be maintained for at least one (1) year from the conclusion of the proceeding and at that time may be erased.

16. Expulsion Hearing - (Table of Contents)

1. An expulsion shall be decided using the procedure stated in section 13.
2. An attorney appointed by the College President who is qualified and disinterested shall hear the matter. The time lines, except that provided for requesting a hearing, may be extended by the attorney when requested by either party and with good cause shown. The attorney shall prepare a proposed decision containing Findings of Fact and Determination of issues which shall be presented to the governing board for approval at its next meeting which is at least five college days from the date of
   presentation. That proposed decision may include the options stated in section 14.

17. Governing Board Decision - (Table of Contents)
The governing board shall act on the proposed decision submitted by the attorney. The boards options shall, be as follows:

1. Accept the Findings and Determination of Issues as proposed.
2. Accept the Findings and make its own Determination of Issues, Including any stay of the penalty subject to the limitations of section 14.c.
3. Reject the proposed Findings, review a transcript of the entire hearing and all exhibits, receive argument from both parties and reach Its own Findings and Determination of Issues.

18. Recognition of Penalty - (Table of Contents)

1. A student who Is suspended or expelled shall not be allowed on any district campus for the period of such discipline.
2. This prohibition does not apply to:
   1. a resident student In respect to a suspension of nine calendar days or less but only as to residence facilities; or
   2. a student whose sentence Is stayed pursuant to section 14.

19. Recovery for Non-Accidental Damage to District Property - (Table of Contents)
Any student who has caused non-accidental damage to district property may be required to reimburse the district for the loss. The procedure stated In section 13, above shall be followed R the student denies responsibility.- A court judgment may be required to effect collection.

20. Readmission After Expulsion - (Table of Contents)
Once a student has been expelled from the college, to be considered for readmission, the petition must show evidence of
rehabilitation. When considering a petitioner for readmission to the college and for evaluating rehabilitation of the applicant and his or her present eligibility for readmission, the college will consider the following criteria:

1. The recommendations, If any, made by the governing board at the time of the student's expulsion;
2. The nature and severity of the act(s) or crime(s);
3. Evidence of any act(s) committee subsequent to the act(s) under consideration;
4. The time that has elapsed since commission of the act(s);
5. The extent to which a petitioner has complied with any terms of readmission imposed by the governing board during the expulsion hearing; and
6. Evidence, If any, of rehabilitation submitted by the petitioner.

21. Confidentiality of Hearing - (Table of Contents)

1. Whether it is conducted by the disciplinary authority or the governing board, the hearing shall be closed and confidential unless the student requests, In writing, at least five (5) college days prior to the date of the hearing, that the hearing be public.
   However, if any discussion at such hearing might be in conflict with the right of privacy of any student other than the student requesting the public hearing, then that portion of the hearing shall be in closed session.
2. Notwithstanding the provisions of the first sentence of subsection a., above, when the charge is sexual harassment, sexual assault or sexual battery, the alleged victim shall have an equal right with the student charged to determine whether the hearing shall be open or closed. If there is disagreement, the hearing authority shall determine the issue consistent with the due process rights of the accused and any applicable provisions of state and federal law.
3. When disciplinary action is taken against a student for sexual assault, sexual battery, sexual harassment or physical abuse, the victim of the action alleged shall be notified within three days of the results of any disciplinary action or results of any appeal. (Educ. C. §76234.)

22. Student Identification - (Table of Contents)
When requested by college authority, a student will state his or her name and whether he or she lives in one of the residence halls.

23. Definition - (Table of Contents)
The following definitions control the meaning of these words when used in this Student Code of Conduct:

1. "College Authority" means a member of the campus police force, the Vice President-Student Services, the Associate Dean of Students and anyone else specifically designated as such by the College President.
2. "College Day" means a weekday when the college's regular instructional program, including summer school, is offered.
3. "Minor" means a person under ft age of 18 years. (Civil 0. §25.) A student enrolled at the college shall have the rights of a parent in respect to that student's records whether or not the student has attained the age of 18. (20 USCA 1232g(d).)