Board Policy 3900 Speech: Time, Place, and Manner

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AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: PRESIDENT
October 8, 2012
SUBJECT:
Board Policy 3900 Speech: Time, Place, and Manner
Board Policy 5400 Associated Students Organizations
Board Policy 5410 Associated Students Elections
Board Policy 5420 Associated Students Finance
Student Services, Second Reading
REASON FOR BOARD CONSIDERATION
ACTION
ENCLOSURE(S)
Page 1 of 5
ITEM NUMBER
C.2
BACKGROUND:
The District is in the process of revising Board Policies and Administrative Regulations utilizing
the California Community College League’s model policies as applicable.
Attached are three new additions to the Board Policies in the Student Services component
presented as a second reading for Governing Board.
FISCAL IMPACT:
None.
RECOMMENDATION:
It is recommended that the Governing Board adopt the Board Policies.
Administrator Initiating Item:
Dennis Bailey-Fougnier
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
3900 - Not Approved
5400, 5410, 5420 - Approved
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BP 3900 Speech: Time, Place, and Manner
(formerly numbered BP 5550 with newly added information in 2/10)
References: Education Code Sections 76120 and 66301
Students, employees, and members of the public shall be free to exercise their
rights of free expression, subject to the requirements of this policy.
The Cabrillo College main campus and its centers, are non-public forums, except
for those areas that are designated public forums available for the exercise of
expression by students, employees, and members of the public.
The
President/Superintendent or designee shall enact such administrative procedures
as are necessary to reasonably regulate the time, place, and manner of the
exercise of free expression in the designated public forums.
The administrative procedures promulgated by the President/Superintendent and
his/her designees shall not prohibit the right of students to exercise free
expression, including but not limited to the use of bulletin boards, the distribution
of printed materials or petitions in those parts of the college designated as areas
generally available to students and the community, and the wearing of buttons,
badges, or other insignia.
Speech shall be prohibited that is defamatory, obscene according to current legal
standards, or which so incites others as to create a clear and present danger of
the commission of unlawful acts on District property or the violation of District
policies or procedures, or the substantial disruption of the orderly operation of the
District.
Nothing in this policy shall prohibit the regulation of hate violence directed at
students in a manner that denies their full participation in the educational process
(Education Code Section 66301(e)), so long as the regulation conforms to the
requirements of the First Amendment to the United States Constitution, and of
Section 2 of Article 1 of the California Constitution. Students may be disciplined
for harassment, threats, or intimidation unless such speech is constitutionally
protected.
See Administrative Procedure 3900.
Revised 6/26/12
Replaces BP 6100
Approved by Student Services Council on August 15, 2012.
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BP 5400 Associated Students Organization
Reference: Education Code Section 76060
The students of the Cabrillo College District are authorized to organize a student
body association. The Board hereby recognizes the Associated Students of
Cabrillo College Student Senate (ASCC Student Senate).
The ASCC Student Senate is recognized as the official voice for the students in
district decision-making processes to meet the requirements of shared
governance as stated by California Education Code 70902 (b) (7) and Title 5,
sections 53200, et seq., 51023.5 and 51023.7.
The ASCC Student Senate may conduct other activities as approved by the
Dean of Student Services. The ASCC Student Senate activities shall not conflict
with the authority or responsibility of the Board or its officers or employees.
The ASCC Student Senate shall conduct itself in accordance with state laws and
regulations and administrative procedures established by the District.
The ASCC Student Senate shall be granted the use of District premises subject
to such administrative procedures as may be established by the Dean of Student
Services. Such use shall not be construed as transferring ownership or control of
the premises.
See Administrative Procedures 5400.
Approved by Student Services Council on August 15, 2012.
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BP 5410 Associated Students Elections
Reference: Education Code Section 76061
The Associated Students of Cabrillo College (ASCC) Student Senate shall
conduct annual elections to elect officers. The elections shall be conducted in
accordance with procedures established by the ASCC Student Senate,
consistent with the requirements of Education Code 76061.
Any student elected as an officer in the Associated Students shall meet both of
the following requirements:
 The student shall be enrolled in the District at the time of election and
throughout his/her term of office, with a minimum of five semester units or
the equivalent.
 The student shall meet and maintain the minimum standards of
scholarship (see BP 4220 titled Standards of Scholarship and related
administrative procedures).
See Administrative Procedures 5410.
Revised 6/26/12
Approved by Student Services Council on August 15, 2012.
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BP 5420 Associated Students Finance
References: Education Code Sections 76063–76065, 76060
Associated Students of Cabrillo College Student Senate (ASCC Student Senate)
funds shall be deposited with and disbursed by the Vice President of
Administrative Services or designee.
These funds shall be deposited, loaned or invested in one or more of the ways
authorized by law.
The funds of the Associated Students shall be subject to an annual audit.
Approved by Student Services Council on August 15, 2012.
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