Student Discipline & Conduct Due Process

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The Board of Trustees of the Long Beach Community College District is authorized to establish campus-wide standards of student conduct and disciplinary procedures Education Code Section 76030-76037. The Director of Student Discipline or Designee is the designee for all Student Conduct (link to Standards of Conduct) violations and is responsible for administering the student discipline system and implementing the following Due Process procedures:

Disciplinary Actions

5012.3 – Immediate Disciplinary Actions

When serious violations of college regulations or procedures occur as a result of inappropriate student conduct, the College shall take immediate action to resolve the problem. This action may occur as follows:

  1. Removal from Class by Instructor (Education Code Section 76032) – Any Instructor is authorized to remove a Student from their class for the class meeting where the infraction occurs as well as the next scheduled class meeting. The Instructor shall immediately report the removal of the Student to the Director or designee, including the reason for removal, for appropriate action.
  2. If the Student removed by an Instructor is a minor, the College president or 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.

    Nothing herein will prevent the Division Dean from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal. Records of removal by the Instructor will be retained by the Office of Student Affairs. Make up assignments/exams are at the discretion of the Instructor.
  3. Removal from Instructional/Student Support Programs or Services by Faculty or Staff – Any faculty or staff working in an instructional or student support services program, such as the library, student success centers, or the Counseling Office, is authorized to remove a Student from the program or service area where the infraction occurs. The faculty or staff shall immediately report the removal of the Student to the Dean of Student Affairs or designee, including the reason for removal, for appropriate action.
  4. Summary Suspension by Administration – A summary suspension is an administrative action for the purpose of removing any immediate tension or threat to the well-being of students and staff in order to assure that an appropriate academic environment exists. It is also for the purposes of further investigation of reported inappropriate conduct and to determine what disciplinary action, if any, is appropriate. The Director or designee may summarily suspend a Student for good cause for a period of up to ten instructional days to ensure that the intended purpose is served.
5012.4 – Disciplinary sanctions

Violations of these regulations and procedures are subject to the following types of disciplinary sanctions to be administered by the appropriate College authorities. The Vice President, Student Services, is responsible for establishing due process procedures that are fair and equitable. Sanctions are listed in degree of severity, but not necessarily in sequential order and may be imposed singly or in combination. A Student has the right to appeal suspensions and expulsions through established due process procedures.

  1. Warning – Notice to the Student that continuation or repetition of specified conduct may be cause for other disciplinary action.
  2. Reprimand – Notice to the Student in writing that officially recognizes a violation of the Student Code of Conduct or campus rules (see college catalog). The reprimand admonishes the Student to avoid future infractions in order to avoid additional formal action.
  3. Probation – An official disciplinary action which returns the Student to the College based on the Student’s promise of appropriate future behavior. Any violation of this promise will mandate further disciplinary action.
  4. Social Suspension – Social suspension limits a Student’s presence on campus to scheduled class attendance. Loss of other privileges can be set forth in the Notice of Social Suspension for a specified period of time. Written notification of social suspension will specify the reason, terms, and conditions of the suspension to the Student(s) or the president of the student organization involved.
  5. Disciplinary Suspension - Disciplinary suspension follows an investigation and determination of responsibility based on due process procedures (see 5012.5). It shall be utilized by the Superintendent- President, appropriate administrator, or other staff members designated by the Superintendent-President, upon Students for violations of the Student Code of Conduct when other corrective measures have failed or the seriousness of the situation warrants such action.
  6. Expulsion – An expulsion is a long term or permanent denial of all campus privileges including class attendance. The Board of Trustees may expel the Student after a hearing by the Dean of Student Affairs or Vice President for Student Services, or upon recommendation of the Superintendent-President. Permanent expulsion and active prosecution shall automatically result for any student found to be in possession of a firearm.
  7. Restitution – Reimbursement for damage or for misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damage.

Due Process Procedures

5012.5 – Due Process
  1. When infractions are reported, the Director or designee shall initiate a meeting. During the meeting, the Student is notified of their rights and provided with a copy of the College’s Student Conduct Procedures, this includes the right to cross-examine the complainant in accordance with procedures outlined by the District.
  2. The Student has the right to timely notification of allegations, as well as the right to be heard. If the Student feels that they have been unfairly accused or mistreated, they have the right to report that behavior during the process.
  3. If the Student fails to schedule or appear at the meeting within seven business days of first notification via the Notification Letter, the Director or designee may proceed with the adjudication process without the Student.

Student Options

Procedure I
  1. Conduct Violation Resolution Procedures
    1. Procedure I – A mutually agreed upon meeting with the Director or designee to discuss the allegations of violations of the Student Code of Conduct as stated in the Notification Letter.
      1. If the Student fails to schedule or appear at the meeting within seven business days of first notification via the Notification Letter, the Director or designee may proceed with the adjudication process without the Student.
      2. The Director or designee will discuss the allegations with the Student, make a determination of responsibility, and sanction when warranted, and inform the Student of their right to appeal.
      3. If, after adequate notification, the Student fails to appear at a meeting called by the Director or designee, the Director or designee may proceed as if the conference had been held.
      4. If the Student decides to appeal, the Director or designee must schedule appeal meeting at the earliest possible time and provide the Student with a written statement of violations and the proposed sanction(s).
      5. If the Student files a written appeal it may be filed through the Office of Student Conduct. Appeals will be heard by the Vice President for Student Services or designee. Appeal decisions are final. The sanction from the adjudication process will remain in effect until an appeal decision is made.
Procedure II
  1. Conduct Violation Resolution Procedures (Cont.)
    1. Procedure II – Appeals
      1. The Director or designee shall arrange an appeal meeting with the Vice President for Student Services or designee at the earliest possible time.
      2. The Director or designee shall provide the Student and the Vice President for Student Services or designee with a written statement of the claims of Student Code of Conduct violation and finding of responsibility.
      3. The Director or designee shall arrange to have the appeal meeting audio or video recorded, and the digital recording shall be maintained by the Director or designee until the matter is resolved.
      4. Appeals shall be conducted in a manner consistent with the orderly conduct of business of the College that is most conducive to the determination of the truth. It is not contemplated that the appeal hearing will be conducted with the procedural formality of a court.
      5. The Student may select another student, staff member or family member to assist them at the Appeal. The Student has the right to speak and testify on their own behalf, to present written statements of witnesses and to question and hear the testimony and question of those who testify against them.
      6. After hearing all complete submission of evidence, the Dean of Student Affairs or designee shall immediately review all information, based on the evidence presented, determine the truth or falsity of the charges and what sanction, if any, should be imposed.
      7. When the Dean of Student Affairs or designee has completed their deliberations, they shall give the Director or designee written notice of their decision to uphold or reject the recommended sanction from the adjudication process. The Director or designee will be responsible for communicating this decision in writing to the Student.
      8. If the final recommended sanction involves expulsion, the Dean of Student Affairs or designee shall forward their recommendation to the Superintendent-President.

College Review Board

  1. College Review Board
    1. Responsibility

      As an agency of the College, the College Review Board shall be responsible for reviewing and making recommendations to the Office of Student Conduct and, to the Superintendent-President relative to matters brought before it at the discretion of the Dean of Student Affairs.
    2. Membership
      1. Faculty: Two Instructors appointed by the Academic Senate.
      2. Students: Two Students appointed by the Associated Student Body Cabinet of the College.
      3. Administration: Two members of the administrative staff of the College appointed by the Administrators’ Association.
      4. The Associated Student Body President or designee shall serve as the co-chairperson. If the Associated Student Body President is the subject of the due process action, the Dean of Student Affairs shall appoint an impartial member of the Associated Student Body Cabinet to serve as co-chairperson.

Mental Health Clearance

5012.6

A mental health clearance may be required before the Student is readmitted to a particular class or allowed to come onto District if the Student was removed from campus through a disciplinary sanction that involved mental health concerns or due to the Student’s presence on campus being a threat to themselves or others. The Director or designee must receive a letter from a licensed mental health professional stating that in their professional opinion either that:

  1. The Student is no longer continuing the behavior which gave rise to the disciplinary action taken against the Student or,
  2. The Student’s presence on campus is not a threat to themselves, or others if the Student’s removal was due to the potentiality of the Student harming self or others.

The mental health professional must be licensed by the State of California as a licensed clinical social worker, licensed marriage and family therapist, licensed psychologist, or a licensed psychiatrist, and the Director must verify that the mental health professional is credentialed to render such a professional opinion. The Student shall bear the cost and expense of obtaining a mental health clearance.

Sources/References:

Education Code Sections 66300, 66301, 76020, 70632, 76033, 78907