REDWOODS COMMUNITY COLLEGE DISTRICT College Council January 25, 2016 3:00 p.m. – Board Room AGENDA 1. Minutes Dated 11/16/2015 (Page 4) NEW BUSINESS 1. Review New BP/AP tracking spreadsheet (Page 8) a. Process to complete all outstanding BP/AP 2. AP 5055 Enrollment Priorities (Page 17) a. Review policy and procedure changes 3. AP 7211 Faculty Service Areas, Minimum Qualifications, and Equivalencies (Page 19) a. Review policy and procedure changes 4. BP 7123 Recruitment and Hiring of Contract Faculty (Interim) (Page 22) a. Review policy and procedure changes 5. AP 4025 Philosophy And Criteria For Associate Degree And General Education (Page 32) a. Review policy and procedure changes 6. BP 3050 Institutional Code of Ethics (Page 41) a. Review policy and procedure changes 7. BP 3051 Lowering the Flag to Half Mast (Page 42) a. Sunset recommendation – no league template 8. BP 3052 Controversial Issues (Page 43) a. Sunset recommendation – no league template 9. BP/AP 3200 Accreditation (Page 45) a. Review policy and procedure changes 10. BP/AP 3250 Institutional Planning (Page 47) a. Review policy and procedure changes 11. BP/AP 3260 Participatory Governance (Page 50) a. Review policy and procedure changes 12. BP 3281 Gifts, Grants, Donations (Page 65) a. Review policy and procedure changes 13. AP 3431 Bullying (Page 66) a. Review policy and procedure changes 14. AP 3435 Discrimination and Harassment Complaints and Investigations (Page 68) a. Review policy and procedure changes 15. BP/AP 3503 Campus Visitors (Page 93) a. Sunset recommendation and re-numbering BP/AP 3504 to match league template numbering 16. BP/AP 3508 Domestic Animals (Page 95) a. Sunset recommendation - no league template 17. BP/AP 3570 Smoking (Page 97) a. Review policy and procedure changes 18. BP/AP 3720 Computer and Network Use (Page 99) a. Review policy and procedure changes 19. BP 3810 Claims Against the District (Page 108) a. Review policy and procedure changes OLD BUSINESS: 1. BP 1200 District Mission (Page 109) a. Review feedback from ACCJC 2. BP 7387 Pre-Retirement Reduction of Workload (Page 110) a. Review clarification from Human Resources 3. AP 7387-P & AP 7387-S Pre-Retirement Reduction of Workload (Page 113) a. Review clarification from Human Resources 4. AP 3440 Service Animals (Page 119) a. Review authors revised version 5. AP 3530 Weapons on Campus (Page 124) a. Review constituent feedback 6. AP 7400 – Travel Reimbursement (Page 125) a. Review authors revised version 7. AP 5500 - Standards of Student Conduct (Page 138) a. Review authors revised version 8. BP & AP 6800 – Safety a. Review authors revised version 9. AP 6850 – Hazardous Materials a. Review authors revised version 10. Sunset Recommendations AP 6851 – Eye Protection BP 6850 – Hazardous Materials BP 6801 – Injury and Illness Prevention Program 11. Review Table Below Policy and Procedure Tracking Date Number Title BP/AP Parking 6750 Regulations BP/AP 3515 BP/AP 3720 BP/AP 4100 BP/ AP 6331 BP/AP 3900 BP 4025 BP 4223 10/19/15 SEP Student Rep 10/19/15 BP/AP 4300 10/19/15 BP/AP 3260 Status Tabled – Lee to make revisions re: Fortuna Police Dept. issuing parking tickets. Crime Reporting Tabled - To Burke for revisions re addition of Garberville/Del Norte, duplicate language on pages 2 and 4, and center/instructional site clarifications Computer and Tabled – Lee to make Network Use revisions re licensing, purchasing, and instillations Graduation Council member Requirements for researching the Ethnic Degrees and Studies Requirement – Certificates return with BP 4025 Employee Tabled – waiting for Microcomputer negotiations Purchase Speech: Time, In ASPC que Place, and Manner Philosophy and To Academic Senate for Criteria for review – return with BP Associate degree and AP 4100 and General Education Academic Tabled – can be sent to Recognition ASPC with questions regarding requirements Awaiting SEP Committee Membership Field Trips and Excursions Participatory Governance ASPC for re-write ASPC for re-write Removing, BOT approved 2/3/15 & 1/13/15 Removed BOT approved at 6/2/15 College Council Minutes November 16, 2015 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council Meeting 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday November 16, 2015 MEMBERS PRESENT Mark Winter, Angelina Hill, Connie Wolfsen, Rory Johnson (phone), Pru Ratliff, Debbie Topping, Steve Sandeen, Bob Brown, Pham Minh MEMBERS ABSENT Keith Snow-Flamer CALL TO ORDER Interim Vice President Mark Winter called the meeting to order at 3:10 p.m. MINUTES DATED 10/19/2015 ACTION Council approved the minutes as presented. NEW BUSINESS SPRING 2016 MEETING Dates Proposed 4th Monday 1/25, 2/22, 3/28, 4/25 ACTION A motion was made by Bob Brown and seconded by Steve Sandeen to approve the proposed meeting dates. A vote was taken and Council voted unanimously to approve the proposed meeting dates. AP 5500 STANDARDS A few formatting and word corrections. Long discussion about 10.2 Admission of STUDENT CONDUCT or readmission. The council would like clarification from the lawyer. Mark Winter to work with lawyer on re-write. ACTION A motion was made by Bob Brown and seconded by Debbie Topping to send AP 5500 out for a 30 day constituent review. A vote was taken and Council voted unanimously to send AP 5500 out for a 30 day constituent review. College Council Minutes September 21, 2015 Page 2 BP & AP 6800 SAFETY, BP 6801 INJURY & ILLNESS PREVENTION PROGRAM, BP & AP 6850 HAZARDOUS MATERIALS, AP 6851 EYE PROTECTION These BP’s and AP’s are being consolidated. In the end we should have BP & AP 6800 Safety and AP 6850 Hazardous Materials. Sunsetting BP 6801, BP 6850, AP 6851. By consolidating we will then match the league template system. Concern from the Council is the BP addresses employees and students while the AP only mentions employees the majority of the time. Lee Lindsey will re-write the BP and AP’s. TABLED A motion was made by Debbie Topping and seconded by Steve Sandeen to table BP & AP 6800 Safety and AP 6850 Hazardous Materials. A vote was taken and Council voted unanimously to table BP & AP 6800 Safety and AP 6850 Hazardous Materials. AP 7400 TRAVEL REIMBURSEMENT Pru Ratliff would like the wording under Travel Rules to be changed to “Travel must be authorized” Long discussion about last minute travel and using a strong word as must. Business Office will re-write this section to convey the importance of paperwork being completed prior to travel. TABLED A motion was made by Steve Sandeen and seconded by Debbie Topping to table AP 7400 Travel Reimbursement. A vote was taken and Council voted unanimously to table AP 7400 Travel Reimbursement. OLD BUSINESS BP 1200 DISTRICT MISSION Connie Wolfsen is concerned about the term “service area” when CR is planning on expand distance education classes. Angelina Hill has already send the proposed mission to ACCJC for review and is concerned if we change it now and recommends we wait to see what ACCJC says. TABLED A motion was made by Steve Sandeen and seconded by Bob Brown to table BP 1200 awaiting reply from ACCJC. A vote was taken and Council voted unanimously to table BP 1200 awaiting reply from ACCJC. College Council Minutes September 21, 2015 Page 3 AP 4231 GRADE CHANGES Large discussion about defining “Bad Faith” and does it include mistreatment. The definition was re-worded. “Bad Faith - Assigning a grade that is not based on the grading system found in the course syllabus or changing the grading criteria without prior notification to the students.” ACTION A motion was made by Connie Wolfsen and seconded by Steve Sandeen to send AP 4231 to the Board of Trustees for first read. A vote was taken and Council voted unanimously to send AP 4231 to the Board of Trustees for first read. BP 7387 PRERETIREMENT REDUCTION OF WORKLOAD Tabling BP until clarifications can be made by Human Resources. TABLED A motion was made by Bob Brown and seconded by Steve Sandeen to table BP 7387 awaiting Human Resources clarifications. A vote was taken and Council voted unanimously to table BP 7387 awaiting Human Resources clarifications. AP 7387-P & 7387-S PRE-RETIREMENT REDUCTION OF WORKLOAD Faculty has concerns that items are listed on AP 7387-S but not on AP 7387-P. Under Eligibility Requirements #9 - Sabbaticals and other approved leaves do not constitute a break in service, however, such leaves are not used to compute the five-years full-time service requirement prior to entering the program. Under Employee/Employer Obligations #4 – Participation in the program must be for a full academic year, however, the 50% reduction may take place over the whole academic year or full time in one semester and complete leave in the other semester. TABLED A motion was made by Bob Brown and seconded by Steve Sandeen to table BP 7387 awaiting Human Resources clarifications. A vote was taken and Council voted unanimously to table BP 7387 awaiting Human Resources clarifications. AP 3440 SERVICE ANIMALS Pru Ratliff received feedback asking for clarification on small horse, PTSD animals and cleaning up after the animals. Connie Wolfsen really enjoyed Trish Blair’s weekly newsletter which talked about Service Animals and would like it incorporated into the AP. The council would like Trish to blend the 2 documents and then send the AP out for constituent review. College Council Minutes September 21, 2015 Page 4 ACTION A motion was made by Steve Sandeen and seconded by Debbie Topping to have Trish blend the AP and weekly newsletter then send AP 3440 Service Animals out for 30 day constituent review. A vote was taken and Council voted unanimously to have Trish blend the AP and weekly newsletter then send AP 3440 Service Animals out for 30 day constituent review. AP 3530 WEAPONS ON CAMPUS The council was happy with the re-write and want to send the AP out for 30 day constituent review. ACTION A motion was made by Steve Sandeen and seconded by Pru Ratliff to send AP 3530 out for 30 day constituent review. A vote was taken and Council voted unanimously to send AP 3530 out for 30 day constituent review. ADJOURNMENT Interim Vice President Mark Winter adjourned the meeting at 5:00pm Redwoods Community College District Comprehensive Visit October 2017 Latest Update BP or AP District BP1100 BP1200 BP1201 BP1202 Board of Trustees BP2010 BP2015 BP2100 BP2105 AP2105 BP2110 AP2110 BP2200 BP2210 BP2220 AP2220 BP2305 AP2305 BP2310 BP2315 BP2320 AP2320 BP2325 AP2325 BP2330 BP2340 AP2340 BP2345 AP2345 BP2350 BP2355 BP2360 BP2361 BP2365 BP2410 AP2410 BP2430 BP2431 BP2432 BP2435 AP2435 BP2510 Expiration Date League Template Y/N Status 10/1/2013 7/12/2011 9/2/2012 10/2/2012 10/1/2018 7/12/2016 9/2/2017 10/2/2017 Y Y N N 1/13/2015 7/7/2015 1/13/2015 7/7/2015 7/7/2015 1/14/2014 11/5/2013 9/10/2012 1/13/2015 5/6/2014 5/6/2014 5/6/2014 5/6/2014 9/11/2005 9/11/2005 9/11/2005 9/1/2005 4/7/2015 4/7/2015 9/11/2005 9/10/2012 9/11/2005 9/11/2005 9/11/2005 9/11/2005 9/11/2005 6/6/2006 6/1/1980 9/11/2005 10/2/2012 9/10/2013 10/2/2012 9/11/2005 9/11/2005 6/3/2014 6/3/2014 10/2/2012 1/13/2020 7/7/2020 1/13/2020 7/7/2020 7/7/2020 1/14/2019 11/5/2018 9/10/2017 1/13/2020 5/6/2019 5/6/2019 5/6/2019 5/6/2019 9/11/2010 9/11/2010 9/11/2010 9/1/2010 4/7/2020 4/7/2020 9/11/2010 9/10/2017 9/11/2010 9/11/2010 9/11/2010 9/11/2010 9/11/2010 6/6/2011 Y Y Y Y y Y y Y Y Y N Y N Y Y Y Y N N Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y 9/11/2010 10/2/2017 9/10/2018 10/2/2017 9/11/2010 9/11/2010 6/3/2019 6/3/2019 10/2/2017 Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 sunset 7/7/15 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Latest Update 9/11/2005 AP2510 9/11/2005 AP2512 6/4/2013 BP2520 9/11/2005 BP2610 1/10/2006 AP2610 12/9/2014 BP2710 12/9/2014 AP2710 12/9/2014 AP2712 1/3/2012 BP2714 12/6/2011 AP2714 3/4/2014 BP2715 9/18/2012 AP2715 2/3/2015 BP2716 2/3/2015 BP2717 2/3/2015 BP2720 12/10/2013 BP2725 4/1/2014 BP2730 9/11/2005 BP2735 1/13/2015 BP2740 1/13/2015 AP2740 8/12/2014 BP2745 8/12/2014 AP2745 General Institution 2/7/2012 BP3050 1/3/2012 AP3050 1/5/1981 BP3051 8/15/1977 BP3052 1/14/2014 BP3100 4/4/2011 BP3200 3/1/2011 AP3200 7/12/2011 BP3250 12/4/2012 AP3250 12/6/2011 BP3260 11/1/2011 AP3260 10/3/1994 BP3261 4/1/2014 BP3280 3/4/2014 AP3280 10/3/1994 BP3281 6/2/2015 BP3300 6/2/2015 AP3300 6/2/2015 BP3310 6/2/2015 AP3310 5/5/2015 BP3410 Expiration Date 9/11/2010 9/11/2010 6/4/2018 9/11/2010 1/10/2011 12/9/2019 12/9/2019 12/9/2019 1/3/2017 12/6/2016 3/4/2019 9/18/2017 2/3/2020 2/3/2020 2/3/2020 12/10/2018 4/1/2019 9/11/2010 1/13/2020 1/13/2020 8/12/2019 8/12/2019 2/7/2017 1/3/2017 1/5/1986 8/15/1982 1/14/2019 4/4/2016 3/1/2016 7/12/2016 12/4/2017 12/6/2016 11/1/2016 4/1/2019 3/4/2019 10/3/1999 6/2/2020 6/2/2020 6/2/2020 6/2/2020 5/5/2020 League Template Y/N Status Y N N Y Y Y Y Y N Y Y N Y Y Y Y Y Y Y N Y N N Y N N Y Y Y Y Y N N N Y Y N Y Y Y Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 sunset 12/10/2013 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Latest Update AP3410 BP3420 AP3420 AP3430 BP3431 AP3431 AP3435 BP3440 AP3440 BP3500 BP3501 AP3501 BP3503 AP3503 BP3504 AP3504 BP3505 AP3505 BP3506 AP3506 BP3507 AP3507 BP3508 AP3508 BP3515 AP3515 BP3516 AP3516 BP3520 AP3520 BP3530 AP3530 BP3540 AP3540 BP3550 AP3550 BP3560 AP3560 BP3570 AP3570 BP3600 AP3600 BP3601 5/5/2015 8/6/2013 4/7/2015 4/7/2015 11/7/2013 11/7/2012 2/4/2003 2/4/2014 2/4/2014 6/2/2015 2/3/2015 1/13/2015 5/3/2005 5/3/2005 2/3/2015 1/13/2015 12/10/2013 12/10/2013 2/3/2015 1/13/2015 2/3/2015 4/7/2015 1/1/1965 11/4/1991 2/3/2015 1/13/2015 2/3/2015 1/13/2015 2/3/2015 4/7/2015 6/2/2015 6/2/2015 2/3/2015 4/7/2015 2/3/2015 12/10/2013 5/5/2015 4/7/2015 6/1/2004 6/1/2004 12/6/2011 11/1/2011 5/5/2015 Expiration Date 5/5/2020 8/6/2018 4/7/2020 4/7/2020 11/7/2018 11/7/2017 2/4/2008 2/4/2019 2/4/2019 6/2/2020 2/3/2020 1/13/2020 5/3/2010 5/3/2010 2/3/2020 1/13/2020 12/10/2018 12/10/2018 2/3/2020 1/13/2020 2/3/2020 4/7/2020 1/1/1970 11/4/1996 2/3/2020 1/13/2020 2/3/2020 1/13/2020 2/3/2020 4/7/2020 6/2/2020 6/2/2020 2/3/2020 4/7/2020 2/3/2020 12/10/2018 5/5/2020 4/7/2020 6/1/2009 6/1/2009 12/6/2016 11/1/2016 5/5/2020 League Template Y/N Status Y Y Y Y N N Y Y Y Y Y Y Y Y N N Y Y N N N N N N Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP BP3720 AP3720 BP3750 AP3750 BP3810 BP3820 BP3830 AP3830 AP3835 BP3900 BP3912 Academic Affairs BP4010 AP4010 BP4020 AP4020 AP4021 AP4022 AP4023 BP4025 BP4030 BP4040 AP4040 BP4050 AP4050 AP4102 AP4103 AP4105 BP4220 BP4223 AP4225 BP4231 AP4231 BP4235 AP4235 BP4240 AP4240 BP4250 AP4250 BP4260 AP4260 BP4300 AP4300 Latest Update Expiration Date 4/6/1998 6/3/2003 6/2/2015 6/2/2015 11/4/2003 6/2/2015 10/7/2014 10/7/2014 10/7/2014 10/3/1994 6/2/2015 4/6/2003 6/3/2008 6/2/2020 6/2/2020 11/4/2008 6/2/2020 10/7/2019 10/7/2019 10/7/2019 10/3/1999 6/2/2020 12/5/2006 12/5/2006 12/8/2015 11/3/2015 11/3/2015 4/4/2011 1/3/2012 6/2/2015 6/2/2015 6/2/2015 6/2/2015 4/7/2015 4/7/2015 6/4/2013 12/6/2011 6/3/2014 12/9/2014 12/9/2003 1/4/2005 8/2/2011 12/8/2015 8/7/2012 3/9/2015 5/3/2011 4/4/2011 6/2/2015 6/2/2015 9/10/2013 9/10/2013 8/15/1977 6/1/1983 12/5/2011 12/5/2011 12/8/2020 11/3/2020 11/3/2020 4/4/2016 1/3/2017 6/2/2020 6/2/2020 6/2/2020 6/2/2020 4/7/2020 4/7/2020 6/4/2018 12/6/2016 6/3/2019 12/9/2019 12/9/2008 1/4/2010 8/2/2016 12/8/2020 8/7/2017 3/9/2020 5/3/2016 4/4/2016 6/2/2020 6/2/2020 9/10/2018 9/10/2018 8/15/1982 6/1/1988 League Template Y/N Status Y Y N Y Y Y N N N Y N Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Student Services BP5001 AP5001 BP5010 AP5010 AP5011 AP5012 BP5013 AP5013 AP5014 BP5015 AP5015 BP5020 AP5020 BP5030 AP5030 AP5031 BP5035 AP5035 BP5040 AP5040 AP5045 BP5050 AP5050 BP5052 AP5052 BP5055 AP5055 AP5070 AP5075 BP5110 AP5110 BP5120 AP5120 BP5130 BP5140 AP5140 BP5200 AP5200 BP5205 AP5205 BP5210 AP5210 Latest Update 11/7/1994 11/7/1994 12/6/2011 11/1/2011 11/1/2011 11/1/2011 12/4/2012 12/4/2012 6/3/2003 11/3/2015 10/6/2015 6/2/2015 1/3/2012 8/6/2013 8/6/2013 1/3/2012 5/6/2008 5/6/2008 4/7/2015 4/7/2015 7/12/2011 10/7/2014 10/7/2014 5/6/2008 5/6/2008 12/10/2014 10/7/2014 1/3/2012 5/1/2012 10/3/1994 10/3/1994 12/9/2014 11/5/2013 2/3/2015 6/7/2011 5/3/2011 12/10/2013 11/5/2013 1/3/2012 12/6/2011 1/3/2012 12/6/2011 Expiration Date 12/6/2016 11/1/2016 11/1/2016 11/1/2016 12/4/2017 12/4/2017 11/3/2020 10/6/2020 6/2/2020 1/3/2017 8/6/2018 8/6/2018 1/3/2017 5/6/2013 5/6/2013 4/7/2020 4/7/2020 7/12/2016 10/7/2019 10/7/2019 5/6/2013 5/6/2013 12/10/2019 10/7/2019 1/3/2017 5/1/2017 10/3/1999 10/3/1999 12/9/2019 11/5/2018 2/3/2020 6/7/2016 5/3/2016 12/10/2018 11/5/2018 1/3/2017 12/6/2016 1/3/2017 12/6/2016 League Template Y/N Status N N Y Y Y Y N Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 sunset 12/10/2013 sunset 12/10/2013 sunset 5/5/2015 12/10/2013 - look into BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Latest Update 4/7/2015 BP5300 4/7/2015 AP5300 8/2/2011 BP5400 10/3/2011 AP5400 8/2/2011 BP5410 7/12/2011 AP5410 8/2/2011 BP5420 7/12/2011 AP5420 2/3/2015 BP5500 5/5/2015 AP5500 6/2/2015 BP5501 6/2/2015 AP5501 4/7/2015 AP5502 4/7/2015 BP5530 3/7/2012 AP5530 6/2/2015 AP5570 1/3/2012 AP5610 2/7/2012 BP5700 1/3/2012 AP5700 Business and Fiscal Affairs 10/3/2006 BP6100 10/3/2006 AP6100 7/9/2013 BP6150 7/9/2013 AP6150 1/14/2014 BP6200 1/14/2014 AP6200 5/7/2013 BP6250 5/7/2013 AP6250 5/7/2013 BP6300 7/9/2013 BP6320 5/7/2013 AP6320 10/3/2006 BP6330 7/9/2013 AP6330 11/6/1995 BP6331 11/6/1995 AP6331 6/4/2013 BP6340 6/4/2013 AP6340 6/4/2013 AP6345 6/4/2013 AP6350 6/4/2013 AP6360 6/4/2013 AP6365 8/6/2013 AP6370 10/3/2006 BP6400 Expiration Date 4/7/2020 4/7/2020 8/2/2016 10/3/2016 8/2/2016 7/12/2016 8/2/2016 7/12/2016 2/3/2020 5/5/2020 6/2/2020 6/2/2020 4/7/2020 4/7/2020 3/7/2017 6/2/2020 1/3/2017 2/7/2017 1/3/2017 10/3/2011 10/3/2011 7/9/2018 7/9/2018 1/14/2019 1/14/2019 5/7/2018 5/7/2018 5/7/2018 7/9/2018 5/7/2018 10/3/2011 7/9/2018 11/6/2000 11/6/2000 6/4/2018 6/4/2018 6/4/2018 6/4/2018 6/4/2018 6/4/2018 8/6/2018 10/3/2011 League Template Y/N Status Y Y Y Y Y Y Y Y Y Y N N N N Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y N N Y Y Y Y Y Y Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Latest Update 10/3/2006 AP6400 2/5/2002 AP6450 2/5/2005 AP6451 10/3/2006 BP6500 10/3/2006 AP6500 9/10/2013 BP6510 9/10/2013 BP6515 9/10/2013 BP6516 9/10/2013 BP6520 9/10/2013 AP6520 10/3/2006 AP6530 3/4/2014 BP6540 1/14/2014 AP6540 12/5/2006 BP6550 12/5/2006 AP6550 12/5/2006 BP6600 12/5/2006 AP6600 5/2/2006 BP6620 2/3/2014 BP6700 2/3/2014 AP6700 5/6/1996 BP6710 3/4/2014 BP6740 3/4/2014 AP6740 4/5/2004 BP6750 4/5/2004 AP6750 9/9/1991 BP6801 8/6/1990 BP6850 8/6/1990 AP6850 5/10/1996 AP6851 11/4/1996 BP6950 11/4/1996 AP6950 Human Resources 8/6/2013 BP7100 8/6/2013 AP7100 12/10/2013 BP7110 11/5/2013 AP7110 3/6/1978 BP7113 2/4/2003 BP7121 2/4/2003 BP7122 4/7/1997 BP7123 9/9/2002 AP7123 6/3/2008 AP7125 6/3/2008 AP7126 Expiration Date 10/3/2011 2/5/2007 2/5/2010 10/3/2011 10/3/2011 9/10/2018 9/10/2018 9/10/2018 10/3/2011 3/4/2019 1/14/2019 12/5/2011 12/5/2011 12/5/2011 12/5/2011 5/2/2011 2/3/2019 2/3/2019 5/6/2001 3/4/2019 3/4/2019 4/5/2009 4/5/2009 9/9/1996 8/6/1995 8/6/1995 5/10/2001 11/4/2001 11/4/2001 8/6/2018 8/6/2018 12/10/2018 11/5/2018 3/6/1983 2/4/2008 2/4/2008 4/7/2002 9/9/2007 6/3/2013 6/3/2013 League Template Y/N Status Y Y N Y Y N N sunset 9/10/2013 N sunset 9/10/2013 Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y N N Y N N Y Y Y Y Y N N N N N Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP Latest Update BP7130 BP7132 BP7160 AP7160 BP7161 AP7161 BP7163 AP7211 AP7217 BP7219 BP7230 BP7238 BP7239 AP7240 BP7242 BP7251 BP7261 BP7262 AP7262 BP7270 BP7310 AP7310 BP7340 AP7340 BP7343 BP7345 AP7345 BP7346 BP7348 BP7349 BP7350 BP7351 BP7365 BP7366 BP7367 BP7370 AP7370 AP7373 AP7374 AP7375 AP7376 AP7377 BP7381 9/19/1977 8/15/1977 12/10/2013 4/7/2015 9/19/1977 3/4/1994 8/1/1988 6/3/2014 10/6/2015 1/9/2001 12/10/2013 2/4/2003 2/4/1980 4/7/2015 11/1/2005 7/9/1990 1/11/1993 5/5/2015 4/7/2015 6/1/1992 7/10/2012 7/10/2012 5/5/2015 4/7/2015 8/15/1977 8/3/2004 8/3/2004 9/19/1977 9/19/1977 12/7/1992 12/1/1980 6/1/1980 4/7/1997 7/11/2000 2/5/1996 2/1/2013 4/5/2005 6/1/1980 6/1/1980 6/1/1980 1/1/1965 1/1/1965 9/19/1977 Expiration Date 9/19/1982 8/15/1982 12/10/2018 4/7/2020 3/4/1999 8/1/1993 6/3/2019 10/6/2020 1/9/2006 12/10/2018 2/4/2008 2/4/1985 4/7/2020 11/1/2010 1/11/1998 5/5/2020 4/7/2020 6/1/1997 7/10/2017 7/10/2017 5/5/2020 4/7/2020 8/15/1982 8/3/2009 8/3/2009 9/19/1982 9/19/1982 12/7/1997 12/1/1985 6/1/1985 4/7/2002 7/11/2005 2/5/2001 2/1/2018 4/5/2010 6/1/1985 9/19/1982 League Template Y/N Status Y N Y Y N sunset 5/6/2014 N N Y N N Y N N Y N N sunset 6/3/2014 N N Y N Y Y Y Y N Y Y N N 1st review 5/6/2014 N 1st review 5/6/2014 Y N Y N N Y Y N sunset 5/6/2014 N N sunset 5/6/2014 N sunset 5/6/2014 N sunset 5/6/2014 N Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 Redwoods Community College District Comprehensive Visit October 2017 BP or AP AP7381 BP7384 AP7384 BP7386 BP7387 BP7400 AP7400 BP7600 BP7700 AP7700 Latest Update 4/6/2009 10/7/2014 10/7/2014 8/5/1985 8/5/1985 6/3/2014 6/1/2014 10/6/2015 4/7/2008 4/7/2008 Expiration Date 4/6/2014 10/7/2019 10/7/2019 8/5/1990 8/5/1990 6/3/2019 6/1/2019 10/6/2020 4/7/2013 4/7/2013 League Template Y/N Status Y N N N N Y Y Y Y Y Red Cell = Over 5 years old Yellow Cell = Due by end of 2017 Red: complete January 2016 and by August 2016 Yellow: complete September 2016 and by May 2017 BP and AP Tracking 1/20/2016 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5055 ENROLLMENT PRIORITIES Enrollment in courses and programs may be limited to students meeting properly established prerequisites and co-requisites. Enrollment may be limited due to the following: health and safety considerations facility limitations faculty workload availability of qualified instructors funding limitations regional planning legal requirements contractual requirements Priority Registration days and times for any semester will be assigned as follows for students who have completed orientation, assessment, developed student education plans, are in good academic standing and have completed fewer than 100 units: 1. Documented member or former member of the Armed Forces of the United States within fifteen years of leaving active duty, foster youth/former foster youth and students participating in the CalWORKS program, documented eligible students actively participating in Disabled Student Programs and Services (DSPS), and students participating in Extended Opportunity Programs and Services (EOPS) or students actively participating in a TRIO Student Support Services grant program for underrepresented students. "Foster youth" means a person who is currently in foster care, and "former foster youth" means a person who is an emancipated foster youth and who is up to 24 years of age. Foster youth are exempt from the requirements of having good academic standing and completion of fewer than 100 units. 2. In descending order, continuing students who have attempted or completed fewer than 100 units but at least 0.5 units. 3. New and returning students. 4. Continuing students and returning students who have exceeded 100 units (not including units in basic English, math or English as a Second Language); 5. All other students who do not meet the above criteria. 6. Concurrently enrolled high school students. A student may appeal the loss of priority enrollment status due to extenuating circumstances, or where a student with a disability applied for, but did not receive reasonable accommodation in a timely manner. Extenuating circumstances are verified cases of accidents, illnesses or other circumstances beyond the control of the student. A written appeal may be submitted to the Registrar and must have documentation of the extenuating circumstances. References: Title 5 Sections 56232, 56026, 58106, 58108; Education Code Sections 66025.8, 66025.9, 66025.91, 66025.92, 76001 Approved: August 7, 2007 Amended: October 7, 2014 Former Policy #500, “Priority Registration,” Adopted by the Board of Trustees: 6/3/91 Amended: 6/5/95; 8/7/07 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7211 FACULTY SERVICE AREAS, MINIMUM QUALIFICATIONS, AND EQUIVALENCIES 1.0 Faculty Service Areas Faculty service areas shall be established after negotiation and consultation as required by law with the appropriate faculty representatives. 2.0 Minimum Qualifications Faculty shall meet minimum qualifications established by the Board of Governors, or shall possess qualifications that are at least equivalent to the minimum qualifications set out in the regulations of the Board of Governors. 3.0 Equivalencies The Academic Senate’s Faculty Qualifications Committee is responsible for fulfilling the requirement of Education Code Section 87359, which states that the equivalency process “shall include reasonable procedures to ensure that the Board of Trustees relies primarily upon the advice and judgment of the Academic Senate to determine that each individual employed under the authority granted by the regulations possesses qualifications that are at least equivalent to the applicable minimum qualification…” In order to ensure that the Board of Trustees relies primarily on the advice and judgment of the Academic Senate, the Academic Senate Faculty Qualifications Committee shall: 3.1 3.2 3.3 3.4 3.5 3.6 Be availableServe as a resource regarding equivalency determinations. Recommend all equivalency determinations. Further clarify the criteria to be used for determining equivalency. Ensure that careful records are kept of all equivalency determinations. Periodically review this procedure and recommend necessary changes to the Academic Senate and Board of Trusteesthe President/Superintendent. In general, ensure that the equivalency process works well and meets the requirements of the law. 4.0 Determination of Equivalencies The following procedure is to be used to determine when an applicant for a faculty position, although lacking the exact degree or experience specified in the Disciplines List of the Board of Governors that establishes the minimum qualifications for hire, nonetheless does possess qualifications that are at least equivalent to those required by the Disciplines List. The procedure is intended to ensure a fair and objective process for determining when an applicant has the equivalent qualifications. It is not intended to grant waivers for lack of the required qualifications. All faculty position announcements will state the required qualifications as specified by the Disciplines List, including the possibility of meeting the equivalent of the required degree or experience. District applications for faculty positions will ask applicants to state whether they meet the minimum qualifications of the Disciplines List or whether they believe they meet the equivalent. Those claiming equivalency will then be asked to state their reasons and to present evidence. It will be the responsibility of the applicant to supply all evidence and documentation for the claim of equivalency at the time of application. Supporting documentation might include but not be limited to: • A transcript showing that appropriate courses in general education and the discipline were successfully completed at a regionally accredited college or through an appropriate foreign institution; and • A review of the application and recommendation by the subject matter expert. • Other evidence of sufficient mastery and currency of the discipline, such as publications, portfolios, and appropriate professional experience; or • Eminence in the field. Human Resources will initially screen all applicants. Those applicants who require an equivalency determination will be forwarded to the Academic Senate’s Faculty Qualifications Committee. The Academic Senate Faculty Qualifications Committee shall submit its recommendation and evaluation concerning equivalency and non-equivalency to Human Resources. Only applicants who are found to meet equivalency may be selected for an interview. 5.0 Process for Granting Associate Faculty an Emergency Equivalency The Academic Senate Faculty Qualifications Committee shall employ the following procedures in emergencies or special circumstances: • For the purposes of this procedure, an emergency or special circumstance is defined as a situation in which the full hiring process cannot be carried • • out in a timely manner. Such situations may include, but are not limited to the following: Vacancies that occur shortly before the beginning of a session in which there is not sufficient time for the full equivalency process to take place. Additional sections of a class added shortly before the beginning of a session or after the session begins. An emergency equivalency is valid for one appointment contract. The Faculty Qualifications Committee’s first agenda item at each meeting is to review emergency equivalencies granted since the Committee’s previous meeting. Once the Academic Senate has approved or denied If the Academic Senate denies the Faculty Qualifications Committee’s recommendation on equivalency for a faculty member, an emergency equivalency for the same faculty member for the same discipline cannot be granted. 6.0 Graduate Students as Faculty Interns and Eminence in the Field In the case of graduate students as faculty interns and qualification by eminence in the field, refer to the Minimum Qualifications Handbook. References: Education Code Section 87001, 87003, 87359, and 87743.2 Title 5 Sections 53400 et seq. Approved: July 9, 1990 Revised: November 19, 2012 (approved by Senate) ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Policy Senate Draft AP 7123 Red – ASPC 12/11/15 Blue – Mark W12/15/15 w/input from Mark R and Connie RECRUITMENT AND HIRING OF CONTRACT FACULTY CONTRACT FACULTY APPOINTMENT PROCEDURES This procedure shall apply to the selection of faculty members (tenure track, full-time temporary replacement, and full-time grant funded non-tenure track) within the Redwoods Community College District. Faculty members are those employees who are employed by the District in academic positions which are not designated administrative or management. Faculty employees include, but are not limited to, instructors, librarians, counselors, and professionals in health services, DSPS, and EOPS IDENTIFICATION OF POSITIONS The need for hiring of faculty positions shall be determined by the President/Superintendent in consultation with the executive officers (Cabinet), taking into consideration recommendations of the FPC (Faculty Prioritization Committee) through the Faculty Prioritization Process as outlined in AP 7217. EQUAL EMPLOYMENT OPPORTUNITY GUIDELINES The Director of Human Resources/Equal Employment Opportunity (EEO) Officer or his/her designee (EEO consultant) serves throughout the faculty selection process as a consultant on equal employment opportunity guidelines and is responsible for monitoring all phases of the screening and selection process to ensure compliance with equal employment opportunity policies and procedures. SCREENING COMMITTEE MEMBERSHIP AND SELECTION The composition of the screening committee membership is the responsibility of the Academic Senate Co-Presidents following consultation with the Vice President of Instruction, the area Dean or Director, and a good-faith effort* to consult* with all full-time discipline faculty. The composition of the screening committee is as follows: 1. The dean or director, who shall serve as a chair of the committee; 2. Two (2) to three (3) faculty representatives from the discipline or academic area*, selected by the Academic Senate, based on their knowledge of the position and expertise in recommending a qualified candidate. Non-tenured faculty will not be asked to serve on screening committees unless there are no tenured faculty available in the discipline or academic area ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 3. One (1) faculty representative selected by the Academic Senate for a discipline outside of the area of recruitment with the expertise in recommending a qualified candidate. Nontenured faculty will not be asked to serve on screening committees unless there are no tenured faculty available; 4. At the option of the screening committee chair, additional members of the committee may be appointed, in consultation with CSEA for a classified member, and ASCR for a student member, based on their knowledge of the position and expertise in recommending a qualified candidate; and 5. One (1) EEO consultant (a non-voting member) appointed by the Director of Human Resources). Before the review of applications begins, the composition of the screening committee is approved by the Director of Human Resources/EEO Officer to ensure that there is appropriate diversity among the committee membership. Additional members may be added to the committee, in consultation with the Academic Senate and committee chair, to achieve the appropriate diversity. ROLES AND RESPONSIBILITIES OF SCREENING COMMITTEE MEMBERS The role of the screening committee is advisory to the President/Superintendent. Committee members shall participate in all aspects of the process, including but not limited to the following: 1. Training in the faculty hiring procedures and equal employment opportunity efforts of the District; 2. Development of rating criteria and interview questions; 3. Establishing timelines for screening and interviewing; 4. Developing the teaching demonstration or other performance testing methods; 5. Evaluation and rating of applicant materials; 6. Interviewing of candidates; and 7. Recommendation of finalists. Committee members shall maintain strict confidentiality throughout the entire process and after the process is completed. RESPONSIBILITIES OF THE COMMITTEE CHAIR With support from the Office of Human Resources, the committee chair shall be responsible for: 1. 2. 3. 4. Ensuring compliance with District hiring policies and procedures; Convening and conducting committee meetings; Coordinating candidate interviews; and Conducting or coordinating reference checks. The Committee chair shall serve as the liaison to the District Director of Human Resources/EEO Officer, with respect to reporting noncompliance to help ensure that no candidate is discriminated against on the basis of race, color, gender, sexual orientation, religion, national origin, age, disability, veteran status, or military status. ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 POSITION ANNOUNCEMENT The DOHR is responsible for developing a job announcement in collaboration with the dean or director in consultation with discipline faculty. of the discipline. The position description and desired qualifications are based on the position request as put forth in the discipline Program Review and used in the prioritization process. The position announcement shall include the following information: 1. Job Title; 2. Description of the position and job duties; 3. Required minimum qualifications: a. The most current minimum qualifications listed in the publication “Minimum Qualifications for Faculty and Administrators in California Community Colleges”; b. Any applicable valid credential(s); and c. A sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students. 4. Desired qualifications: A list of additional qualifications suggested by the division/discipline faculty in consultation with the dean or director or his/her designee in consultation with the discipline/division faculty. a. The EEO consultant will monitor the job related desirable qualifications for adverse impact. b. If they appear to be too restrictive, he/she will meet with the dean or director or his/her designee to review/revise qualifications; 5. Starting date; 6. Salary range and benefits; 7. Statement that the position may be required to work on Saturdays and/or Sundays; and 8. Required application material. The Human Resources Office shall review the job description for accuracy, clarity, and consistency with legal requirements and District policy. A final version of the job announcement will be distributed to the Dean and divisional faculty, normally no later than the last week of Fall term for immediate comment and revision, after which Human Resources shall revise and post the finalized announcement (brochure). RECRUITMENT Candidates will be recruited locally and regionally as well as at the state and national levels. Positions will be advertised for up to four calendar weeks. Positions may be advertised for a minimum of two calendar weeks as business necessity dictates, provided an adequate diverse pool of applicants is received. SCREENING OF APPLICATIONS The Human Resources Office will examine each applicant’s materials for completeness and evidence of compliance with the required qualifications as advertised in the job announcement. Incomplete applications will not be forwarded to the committee for consideration. ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 SCREENING COMMITTEE OPERATING PROCEDURES The EEO consultant meets with the screening committee to discuss the appropriateness of the applicant pool, the applicant file screening process, the guidelines for issues and questions to be addressed to the applicants, and the procedures for conducting interviews of candidates and their references. The screening committee initially independently reviews each qualified applicant file and identifies a pool of candidates who best meet the professional and personal qualifications listed in the recruitment announcement (brochure). The ranking of applicants and selection of interviewees will be reviewed by the committee’s EEO consultant to ensure compliance with District policies, equal employment opportunities, and legal requirements. The screening committee conducts preliminary interviews of these candidates by teleconference or video conference or video conference. If the committee deems the pool inadequate, the committee chair shall discuss the matter with the Director of Human Resources who will recommend a course of action to the CIO/CSSO and President/Superintendent. INTERVIEWS The screening committee identifies candidates for on-campus interviews. The interviews are scheduled to allow the candidates to meet, whenever possible, with each of the following individuals and/or groups: 1. Dean or Director or his/her designee 2. Screening committee 3. CIO/CSSO and/or President/Superintendent The candidates may also be asked to make a presentation or to conduct a class as part of the interview process. The circumstances of each interview and teaching demonstration/presentation must be as similar as practicable. Committee members shall avoid any discussion of ratings, rankings, or recommendations of the candidates until all interviews and performance tests have been completed and independent evaluations have been completed by each committee member. FINAL SELECTION Following the interviews, the committee shall engage in a discussion focused on the strengths and weaknesses of the candidates to determine the candidates to be recommended for hire and their ranked order. The committee chair shall coordinate and conduct reference checks, and if necessary, the committee shall reconvene to reevaluate the ranking. The committee’s final recommendation and ranking shall be forwarded to the CIO/CSSO’s office; normally three candidates are ranked if the committee finds fewer candidates satisfactory they it must submit an explanatory report. After review by the committee, the chair forwards the report to the CIO/CSSO. The chair may will discuss the strengths and weaknesses with the CIO/CSSO, if ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 necessary. All discussions are strictly confidential. The President/Superintendent, in consultation with the CIO/CSSO, shall select a successful candidate from the ranked list of finalists. If the President/Superintendent selects a candidate other than the highest ranked candidate, the President/Superintendent explains to the chair screening committee the rationale for the selection. When a candidate is selected, the CIO/CSSO offers the position to the candidate with provisional salary information, subject to approval by the Board of Trustees. When the candidate accepts the offer, the vice president CIO/CSSO, in consultation with Human Resources, verifies the candidate's appropriate position on the faculty salary schedule. Human Resources explains the benefits to the candidate. When the candidate accepts the offer, the President recommends the candidate to the Board of Trustees. If no candidate is selected, the President and/or the CIO/CSSO meets with the screening committee to discuss options for continuing or reopening the search process. FAILED SEARCHES In the event that the recruitment for an approved faculty position results in a “failed search”, the funding for that position remains in the budget and the search process will normally continue until filled. However, during this period, exigent circumstances may cause the President/Superintendent, in mutual agreement with the Academic Senate, to eliminate the position. (AP 7217) POSITION FILLED BY INTERNAL SEARCH In the event that the position is filled in an internal search, the decision of whether or not to fill the newly vacant position will be made by not normally be filled. However, during this period, exigent circumstances may cause the President/Superintendent, in mutual agreement with the Academic Senate. , to open a search to fill the newly vacant position. Definition of Terms* • Consultation: A discussion soliciting solicitation for input. Not to be confused with mutual agreement or consent. • Academic Areas: Closely-related disciplines as determined by faculty service area or discipline minimum qualifications. • Good-Faith Effort: Three or more emails to faculty over five business (contractual or non contractual) days. The first email will solicit input; the second email will be a reminder that reiterates the first email; the third (at the end of five business days) will close the window for input and will thank also announce the faculty for their input. members who have been selected to serve on the screening committee. References: BP 7120, AP 7120, BP 7218, Education Code Sections 87602, 87605, 87608 et. seq., 87608.5 et. seq., and 87609. ASPC Meeting January 22, 2016 AGENDA ITEM 3.3 INTERIM AP 7123 Former Administrative Regulation No. 305.01, number change only on August 7, 2012 Approved: July 9, 1990 Revised: April 5, 1999; November 1, 2001; September 9, 2002 pril 5, 1999; November 1, 2001; September 9, 2002 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7123 Number Update only from Administrative Regulation No. 305.01 CONTRACT FACULTY APPOINTMENT PROCEDURES For teaching faculty and librarian positions at the Eureka campus, the responsibilities of the vice president are performed by the Vice President for Academic Affairs. For positions at the Del Norte or Mendocino Coast Education Centers, the responsibilities of the division dean and the vice president are performed by the Campus Vice President. For Library positions at the Eureka campus, the responsibilities of the division dean are performed by the Associate Vice President for Student Learning Support Services. For positions in Student Learning Support Services at the Eureka campus, the responsibilities of the division dean and the vice president are performed by the Associate Vice President for Student Learning Support Services. EQUAL EMPLOYMENT OPPORTUNITY GUIDELINES The Equal Employment Opportunity Officer or his/her designee serves throughout the faculty selection process as a consultant on equal employment opportunity guidelines and is responsible for monitoring all phases of the screening and selection process to ensure compliance with equal employment opportunity policies and procedures. SCREENING COMMITTEE MEMBERSHIP AND SELECTION The composition of the screening committee is as follows: 1. The division dean, or his/her designee; 2. Two to three faculty members from the discipline or academic area where the appointment is to occur, appointed by the Academic Senate in consultation with the division dean, the department chair, and department faculty; 3. One faculty member from outside the discipline or academic area where the appointment is to occur, appointed by the Academic Senate; 4. An optional off-campus representative, who is appointed in consultation with the division dean, the department chair, and department faculty; and 5. An Equal Employment Opportunity consultant (a nonvoting member appointed by the Director of Human Resources). Nontenured faculty will not be asked to serve on screening committees unless there are no tenured faculty available in their discipline. The screening committee will select one of its members (either faculty or administration) to serve as chair. Classified staff and students will be notified when a screening committee is being formed and will be given the opportunity to request representation on the committee. At the option of the screening committee, up to two additional members may be added to the committee, one from the CR classified staff (including classified managers and confidential staff) and one from the CR students. Before the review of applications begins, the composition of the screening committee is approved by the Equal Employment Opportunity Officer to ensure that there is appropriate diversity among the committee membership. Additional members may be added to the committee, in consultation with the Academic Senate, to achieve the appropriate diversity. POSITION ANNOUNCEMENT The division dean, in consultation with the appropriate division faculty and the Human Resources Office, is responsible for developing the position announcement. The announcement is reviewed by the Equal Employment Opportunity Officer, an Academic Senate Copresident, and the vice president prior to distribution. RECRUITMENT Candidates will be recruited locally and regionally as well as at the state and national levels. Positions will be advertised for a minimum of four weeks. SCREENING OF APPLICATIONS The Equal Employment Opportunity Officer meets with the screening committee to discuss the appropriateness of the applicant pool, the applicant file screening process, the guidelines for issues and questions to be addressed to the applicants, and the procedures for conducting interviews of candidates and their references. The screening committee reviews the applicant files and identifies a pool of the best candidates. The screening committee conducts preliminary interviews of these candidates by speakerphone or teleconference. The screening committee reduces the applicant pool, and the chair or designee conducts reference checks on the top five to ten candidates. The vice president verifies that each candidate meets the minimum qualifications or has the appropriate equivalency for the position, consulting with the Faculty Qualifications Committee if necessary. INTERVIEWS The screening committee identifies candidates for on-campus interviews. The interviews are scheduled to allow the candidates to meet, whenever possible, with each of the following individuals and/or groups: 1. Department chair 2. Appropriate faculty and staff 3. Division dean or other appropriate administrator 4. Screening committee 5. Representative from the Human Resources Office 6. Vice president and/or President The candidates may also be asked to make a presentation or to conduct a class as part of the interview process. FINAL SELECTION The screening committee normally identifies at least three final candidates. The final candidates will be ranked in absolutely confidential order. The screening committee then discusses the strengths and weaknesses of the ranked candidates with the division dean and the vice president. The President may also participate in this phase of the committee's discussions. All discussions are strictly confidential. The chair prepares the committee report and, after review by committee members, forwards it and the application files of each of the final candidates to the Human Resources Office. The report addresses the strengths and weaknesses of each candidate and presents the candidates in ranked order. The vice president makes the final selection and discusses the selection process and the final candidates with the President. If the vice president selects a candidate other than the highestranked candidate, the vice president explains to the committee the rationale for the selection. The Human Resources Office prepares a report analyzing the screening process and its relation to the district staff diversity plan. This report is sent to the screening committee, the vice president, and the President. When a candidate is selected, the Vice President for Academic Affairs offers the position to the candidate with provisional salary information, subject to approval by the Board of Trustees. When the candidate accepts the offer, the vice president, in consultation with Human Resources, verifies the candidate's appropriate position on the faculty salary schedule. Human Resources explains the benefits to the candidate. When the candidate accepts the offer, the President recommends the candidate to the Board of Trustees. If no candidate is selected, the President and/or the vice president meets with the screening committee to discuss options for continuing or reopening the search process. Former Administrative Regulation No. 305.01, number change only on August 7, 2012 Approved: July 9, 1990 Revised: April 5, 1999; November 1, 2001; September 9, 2002 AGENDA ITEM 4.4proc REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4025 PHILOSOPHY AND CRITERIA FOR ASSOCIATE DEGREE AND GENERAL EDUCATION District procedures regarding Associate Degrees and General Education follow the philosophy and criteria expressed in BP 4025, as well as criteria mandated in Title 5, Section 55601, and relevant accreditation standards. The Redwoods Community College District (District) mission is central to the philosophy and criteria for Associate Degrees and General Education. District programs and Associate Degrees offered are consistent with this mission and include developmental, career technical, and transfer education. Program vitality and student success are assured through a continual cycle of assessment and improvement. New programs may be initiated in response to both internal and external factors that include, but are not limited to, the following: • • • • • • • 1.0 Alignment with the Chancellor’s Office priorities, the College mission, and accreditation standards Alignment with state and federal requirements Requirements from transfer institutions Availability of fulltime and associate faculty Budget concerns and sufficient funding Demand in the workforce Adequate facilities and equipment The Associate Degree Associate Degrees (AD) at College of the Redwoods are developed and awarded in accordance with the philosophy expressed in BP 4025. The AD must contain a minimum of 60 units that includes both General Education (GE) and Discipline-Specific requirements. 1.1 General Education Requirements GE courses by their nature are expected to be introductory, broad, and general in scope, not advanced or specialized. Furthermore, every GE course must satisfy the requirements of one of the GE Areas defined below. The Curriculum Committee is responsible for determining that each GE course is both broad and general and meets at least one of the area descriptions below. AGENDA ITEM 4.4proc 1.1. a. General Education Area Descriptions and Outcomes Students are required to take a minimum total of eighteen (18) units from the five GE areas described in detail below. This total must include at least three (3) units in GE areas A, B, C, D1, D2, and D3 and at least three of these units must satisfy GE Area E. Alternatively, students earning ADs at College of the Redwoods may satisfy CSU or UC GE requirements. A. NATURAL SCIENCE Courses in the natural sciences are those that examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be designed to help a student develop an appreciation and understanding of the scientific method and to encourage an understanding of the relationships between science and other human activities. This category may include introductory or integrative courses in astronomy, biology, chemistry, environmental science, general physical science, geology, meteorology, oceanography, physical geography, physics, and other scientific disciplines. Students who are successful in a Natural Science course learn to: • Communicate scientific ideas; • Apply scientific concepts to analyze natural relationships. B. SOCIAL SCIENCE Courses in the social and behavioral sciences are those that focus on people, group relations, and society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and shall promote appreciation of how societies and social subgroups operate. This category may include introductory or integrative survey courses in anthropology, cultural geography, economics, history, political science, psychology, sociology, and related disciplines. Students who are successful in a Social Science course learn to: • Communicate intellectual ideas related to the social sciences; • Apply social science concepts to analyze social, historical, political, anthropological or psychological relationships. C. HUMANITIES Courses in the humanities are those that study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people historically and culturally have responded to themselves and the world around them; in addition, this awareness should extend into artistic AGENDA ITEM 4.4proc and cultural creation and help the student develop aesthetic and analytical understanding. Such courses may include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion. Students who are successful in a Humanities course learn to: • Communicate aesthetic and/or cultural ideas; • Analyze ideas or practices specific to the influence of culture on human expression. D. LANGUAGE, COMMUNICATION, AND RATIONALITY Courses in language, communication, and rationality are those that assist the student in developing the principles and applications of language toward logical thought, clear and precise expression, and critical evaluation of communication in whatever symbol system the student uses. D1. WRITING Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing. Students who are successful in a Language, Communication, and Rationality: Writing course learn to: • Generate, compose, revise, and communicate ideas clearly in writing; • Analyze ideas presented in writing, media, speech, or artistic representations. D2. ORAL COMMUNICATION Courses fulfilling the communication requirement include oral communication and courses in other disciplines that have oral communication as their primary focus. Students who are successful in a Language, Communication, and Rationality: Oral Communication course learn to: • Generate, compose, and revise ideas, and clearly communicate them orally; • Analyze ideas presented in writing, media, speech, or artistic representations. D3. ANALYTICAL THINKING Courses fulfilling the analytical thinking requirement include mathematics, logic, statistics, computer languages and programming, and related disciplines. Students who are successful in a Language, Communication, and Rationality: Analytical Thinking course learn to: • Communicate analytical and/or computational ideas; AGENDA ITEM 4.4proc • Apply analytical and/or computational concepts to analyze relationships. E. MULTICULTURAL UNDERSTANDING A course meeting the multicultural understanding requirement shall be designed to provide a student with the ability to analyze the complexity of diversity through the perspective of differential power and privilege, identity politics, and/or multicultural studies. Courses that meet the Area E requirement may be from any discipline, must satisfy one of the GE areas A-D, and must incorporate an underlying theme or themes that address at least one of the following: 1. 2. 3. Intracultural as well as intercultural differences and commonalities The study of at least one marker of social or identity difference, such as sexual orientation, gender, language, ability, socio-economic class, and the material conditions which produce such differences. Include theoretical perspectives and non-western, non-traditional approaches for studying gender, ethnicity, class, and/or forms of expression. Students who are successful in a course that fulfills the Area E requirement will demonstrate the ability to: • • 1.2 Communicate an awareness of cultures in a diverse global community. Analyze issues from multiple perspectives specifically as they relate to gender, self-identity, ethnicity, race, socio economic status, sexuality, world view, collective behavior and/or values. Discipline-Specific Requirements In addition to the GE units, Associate Degrees must contain at least 18 units in the major or discipline of emphasis, and electives. The College may award either an Associate of Arts (A.A) or an Associate of Science (A.S.) degree. Associate Degrees are created by faculty with Curriculum Committee, Academic Senate, Board of Trustees, and Chancellor’s Office oversight. In addition, outside professional accrediting organizations may have specific degree requirements that must be incorporated. The most current listing of available degrees and their specific requirements is in the course catalog. References: Title 5 Section 55805 Accreditation Standard II.A.3 Academic Standards & Policies Committee of the Academic Senate; November 6, 2015 AGENDA ITEM 4.4proc NEW Administrative Procedure REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4025 PHILOSOPHY AND CRITERIA FOR ASSOCIATE DEGREE AND GENERAL EDUCATION District procedures regarding Associate Degrees and General Education follow the philosophy and criteria expressed in BP 4025, as well as criteria mandated in Title 5, Section 55601, and relevant accreditation standards. The Redwoods Community College District (District) mission is central to the philosophy and criteria for Associate Degrees and General Education. District programs and Associate Degrees offered are consistent with this mission and include developmental, career technical, and transfer education. Program vitality and student success are assured through a continual cycle of assessment and improvement. New programs may be initiated in response to both internal and external factors that include, but are not limited to, the following: • Alignment with the Chancellor’s Office priorities, the College mission, and accreditation standards • Alignment with state and federal requirements • Requirements from transfer institutions • Availability of fulltime and associate faculty • Budget concerns and sufficient funding • Demand in the workforce • Adequate facilities and equipment 1.0 The Associate Degree Associate Degrees (AD) at College of the Redwoods are developed and awarded in accordance with the philosophy expressed in BP 4025. The AD must contain a minimum of 60 units that includes both General Education (GE) and Discipline-Specific requirements. 1.1 General Education Requirements GE courses by their nature are expected to be introductory, broad, and general in scope, not advanced or specialized. Furthermore, every GE course must satisfy the requirements of one of the GE Areas defined below. The Curriculum Committee is responsible for determining that each GE course is both broad and general and meets at least one of the area descriptions below. 1.1. a. General Education Area Descriptions and Outcomes AGENDA ITEM 4.4proc NEW Administrative Procedure The five GE Areas at College of the Redwoods are Natural Science; Social Science; Humanities; Language, Communication, and Rationality; and Multicultural Understanding. Students are required to take 3 units from each of the Areas described below. Alternatively, students earning ADs at College of the Redwoods may satisfy CSU or UC GE requirements. 1.1.a = saying a student must take 3 units from each of the areas (there are 5) doesn’t quite describe the requirement. Because it isn’t 5 areas x 3 units. Area E overlaps the other 4. Therefore taking only 12 units is required if one selects courses with this in mind. I’m not sure how to clarify this language - the catalog does a good job but it’s got a table and the visual helps. A. NATURAL SCIENCE Courses in the natural sciences are those that examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be designed to help a student develop an appreciation and understanding of the scientific method and to encourage an understanding of the relationships between science and other human activities. This category may include introductory or integrative courses in astronomy, biology, chemistry, environmental science, general physical science, geology, meteorology, oceanography, physical geography, physics, and other scientific disciplines. Students who are successful in a Natural Science course learn to: • Communicate scientific ideas; • Apply scientific concepts to analyze natural relationships. B. SOCIAL SCIENCE Courses in the social and behavioral sciences are those that focus on people, group relations, and society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and shall promote appreciation of how societies and social subgroups operate. This category may include introductory or integrative survey courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology, and related disciplines. Students who are successful in a Social Science course learn to: • Communicate intellectual ideas related to the social sciences; • Apply social science concepts to analyze social, historical, political, anthropological or psychological relationships. C. HUMANITIES AGENDA ITEM 4.4proc Courses in the humanities are those that study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people historically and culturally have responded to themselves and the world around them; in addition, this awareness should extend into artistic and cultural creation and help the student develop aesthetic and analytical understanding. Such courses may include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion. Students who are successful in a Humanities course learn to: • Communicate aesthetic and/or cultural ideas; • Analyze ideas or practices specific to the influence of culture on human expression. D. LANGUAGE, COMMUNICATION, AND RATIONALITY Courses in language, communication, and rationality are those that assist the student in developing the principles and applications of language toward logical thought, clear and precise expression, and critical evaluation of communication in whatever symbol system the student uses. D1. WRITING Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing. Students who are successful in a Language, Communication, and Rationality: Writing course learn to: • Generate, compose, revise, and communicate ideas clearly in writing; • Analyze ideas presented in writing, media, speech, or artistic representations. D2. ORAL COMMUNICATION Courses fulfilling the communication requirement include oral communication and courses in other disciplines that have oral communication as their primary focus. Students who are successful in a Language, Communication, and Rationality: Oral Communication course learn to: • Generate, compose, revise, and communicate ideas clearly orally; • Analyze ideas presented in writing, media, speech, or artistic representations. D3. ANALYTICAL THINKING Courses fulfilling the analytical thinking requirement include mathematics, logic, statistics, computer languages and programming, and related disciplines. AGENDA ITEM 4.4proc NEW Administrative Procedure Students who are successful in a Language, Communication, and Rationality: Analytical Thinking course learn to: • Communicate analytical and/or computational ideas; • Apply analytical and/or computational concepts to analyze relationships. E. MULTICULTURAL UNDERSTANDING A course meeting the Area E requirement shall be designed to provide a student with the ability to analyze the complexity of diversity through the perspective of differential power and privilege, identity politics, and/or multicultural studies. Courses that meet the Area E requirement may be from any discipline, must satisfy one of the GE areas A-E (or A-D?), and must incorporate an underlying theme or themes that address at least one of the following: 1. Intra-cultural Intracultural as well as intercultural differences and commonalities 2. The study of at least one marker of social or identity difference, such as including sexual orientation, gender, language, ability, socio-economic class, and or material resources conditions and the material conditions which produce such differences. 3. Include theoretical perspectives and non-western, non-traditional approaches for studying gender, ethnicity, class, and/or forms of expression. Students who are successful in a course that fulfills the Area E requirement will demonstrate the ability to: *Communicate an awareness of cultures in a diverse global community. *Analyze issues from multiple perspectives specifically as they relate to gender, self-identity, ethnicity, race, socio economic status, sexuality, world view, collective behavior and/or values. address at least one of the following: 1. Intra-cultural as well as intercultural differences and commonalities 2. The study of at least one marker of social or identity difference including sexual orientation, gender, language, ability, and/or socio-economic class 3.1.Include theoretical perspectives and non-western, non-traditional approaches for studying gender, ethnicity, and/or class 4. Visual and material culture. Students who are successful in a Multicultural Understanding course learn to: Communicate an awareness of cultures in a diverse global community; NEW Administrative Procedure AGENDA ITEM 4.4proc NEW Administrative Procedure Analyze issues from multiple perspectives, specifically as they relate to gender, self-identity, ethnicity, race, socioeconomic status, sexuality, worldview, collective behavior, and/or values. 1.2 Discipline-Specific Requirements In addition to the GE units, Associate Degrees must contain at least 18 units in the major or discipline of emphasis, and electives. Colleges The College may award either an Associate of Arts (A.A) or an Associate of Science (A.S.) degree. Associate Degrees are created by faculty with Curriculum Committee, Academic Senate, Board of Trustees, and Chancellor’s Office oversight. In addition, outside professional accrediting organizations may have specific degree requirements that must be incorporated. The most current listing of available degrees and their specific requirements is in the course catalog. References: Title 5 Section 55805 Accreditation Standard II.A.3 Academic Standards & Policies Committee of the Academic Senate; October 9, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy DRAFT BP 3050 INSTITUTIONAL CODE OF ETHICS The Redwoods Community College District upholds an institutional supports a written code of professional ethics for all of its personnel. The President/Superintendent shall ensure that an institutional code of ethics specifying the responsibilities of all employees and students is established. The institutional code of ethics shall be reviewed annually and published in consultation with faculty members, classified staff and managers, administrators, students, and the Board of Trustees. This policy is intended to work with, and shall not supersede, existing standards and codes of conduct, as well as relevant provisions in applicable employee handbooks and collective bargaining agreements. Reference: Accreditation Standard III.A.1.d, ACCCA Statement of Ethics Adopted by Board of Trustees: 02/07/2012 Recommend Sunsetting---No league template REDWOODS COMMUNITY COLLEGE DISTRICT BP 3051 Board Policy Number Update only from Board of Trustees Policy No. 808 LOWERING THE FLAG TO HALF MAST The College President will direct that the flags be lowered to half-mast on the following conditions: 1 A proclamation to that effect has been issued by the President of the United States. 2 A proclamation to that effect has been issued by the Office of the Governor of the State of California. 3 As a sign of mourning upon the death of any currently enrolled student, faculty member, staff member, or Board of Trustee member upon official request. Former Board of Trustees Policy No. 808, number change only on June 5, 2012 Adopted by Board of Trustees: January 5, 1981 Recommend Sunsetting—No league template COLLEGE OF THE REDWOODS BP 3052 Board Policy Number Update only from Board of Trustees Policy No. 509 CONTROVERSIAL ISSUES The Board of Trustees of the Redwoods Community College District holds the following assumptions basic to district policy: That free discussion is a right extended to thoughtful citizens but that no one has the right to abuse this freedom by advocating the overthrow of the government by force. That a free society functions efficiently only if its citizens have the right to discuss, to debate, and to disagree constructively. That the Constitutional guarantee of freedom of speech is meaningful only to the extent that the majority is willing to hear honest expressions of unpopular ideas by minority groups. That an educated citizenry, fully aware of all the evidence, is best able to preserve the valuable heritage of American democratic institutions. That the College of the Redwoods has an obligation to its community to promote healthy discussion as an educative force. That the truth will prevail in the market place of ideas. In the light of these assumptions, the Board of Trustees of the Redwoods Community College District declares these official statements of policy: Within the framework of the orderly processes of our democratic constitutional society, the faculty of the College of the Redwoods will have freedom to consider all issues which will contribute to the development of its students. Pursuant to this adopted policy, presentation in open forum of speakers with varying points of view on current issues may be undertaken by the Board and administration of the Redwoods Community College District in fulfilling its obligation as an educative force in its community. The Board of Trustees directs the President of the College to develop procedures which implement this policy in an orderly manner pursuant to the goals and objectives of the College. Former Board of Trustees Policy No. 509, number change only on July 10, 2012 Adopted by Board of Trustees: August 15, 1977 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy DRAFT BP 3200 ACCREDITATION The President/Superintendent Chief Executive Officer shall ensure the District complies with the accreditation process and standards of the Accrediting Commission of Community and Junior Colleges and of other District programs that seek special accreditation with the standards of other appropriate agencies that accredit special programs offered by the District. The President/Superintendent CEO shall keep the Board of Trustees informed of approved organizations that accredit the District and/or its programs and the status of accreditations reports for the District and its programs. The President/Superintendent CEO shall ensure that the Board of Trustees is involved in any accreditation process in which Board participation is required. The President/Superintendent CEO shall provide make available to the Board a copy of any District accreditation report, with a summary of any program accreditation report and any actions taken or to be taken in response to recommendations in an accreditation report. Reference: Accreditation Eligibility Requirement 20, Standard IV.B.1.i ACCJC Accreditation Eligibility Requirement 21;ACCJC Accreditation Standards I.C.12 and 13 (formerly IV.B.1.i); Title 5 Section 51016 Adopted by Board of Trustees: 04/04/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3200 ACCREDITATION FOR PROGRAMS WITHIN THE DISTRICT The District maintains regional accreditation at all times. The District district also recognizes the need for maintaining accreditation from external agencies in support of career, technical and professional programs. In accordance with the standards of the external accrediting bodies for Programs within the District (e.g., Board of Registered Nursing, Automotive Technician, Construction Technology, et.al.), the District shall support the completion of required accrediting agency documents including accreditation team visits. Each accredited program will submit notice of accreditation requirements and dates to the administration and Board of Trustees. Self-study reports will be made available to the Board and to the public. Results of the accreditation visits will be announced to the Board of Trustees. When a Self-Study is completed, it must undergo review through established institutional processes. Final approval resides with the president or his/ her designee before submission to the accrediting body. References: Accreditation Eligibility Requirement 20; Accreditation Standard IV.B.1.i ACCJC Accreditation Eligibility Requirement 21; ACCJC Accreditation Standards I.C.12 and 13 (formerly IV.B.1.i); Title 5 Section 51016 Approved: 03/01/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy DRAFT BP 3250 INSTITUTIONAL PLANNING The Chief Executive Officer shall ensure that the District has and implements a broad-based comprehensive, systematic, and integrated system of planning that involves appropriate segments of the college community and is supported by institutional effectiveness research. The planning system shall include plans required by law, including, but not limited to: • Long Range Educational or Academic Master Plan, which shall be updated periodically as deemed necessary by the Governing Board • Facilities Plan • Equal Employment Opportunity Plan • Student Equity Plan • Student Success and Support Program Plan; • Transfer Center Plan • Cooperative Work Experience Plan • EOPS Plan The President/Superintendent shall ensure that the College has a comprehensive, broad-based ongoing planning and evaluation cycle that is driven by the College’s Mission and Goals, and supported by institutional effectiveness research. This institutional planning process involves appropriate segments of the College and is inclusive of all constituent groups. The planning and budgeting systems shall be linked, and planning priorities shall be established annually. The institution assures the effectiveness of its ongoing planning processes by systematically reviewing, evaluating and modifying, as appropriate, all parts of the planning processes, including institutional and other research efforts. The planning system shall include plans required by law, including, but not limited to the long range educational master plan, facilities master plan, technology master plan, and strategic plans which shall be updated periodically as deemed necessary by the Board of Trustees. The President/Superintendent CEO shall submit to the Board those plans for which Board approval is required by Title 5. The President/Superintendent CEO shall inform the Board about the status of planning and various plans, and seek Board input during their development as appropriate. Reference: Accreditation Standard 1.B, ACCJC Accreditation Standards I.B.9, III.B.4, III.C.2, III.D.2, IV.B.3, and IV.D.5 (formerly I.B);Title 5 Sections 51008, 51010, 51027, 53003, 54220, 55080, 55190, 55250, 55510, 56270 et seq. Adopted by Board of Trustees: 07/12/11 REDWOODS COMMUNITY COLLEGE DISTRICT AP 3250 Administrative Procedure INSTITUTIONAL PLANNING Established committees, with representation from faculty, administration, classified staff, and students, will review and recommend planning decisions related to human, facilities, technology, and budget resources. Applying the criteria of accreditation standards, the planning process will be guided by adopted vision, mission and core values statements and will facilitate development of specific goals, objectives and strategies, which will have measurable outcomes and specific accountability. Action plans will be reviewed and revised annually and approved by the respective planning bodies. Academic Senate will be the representative body for faculty in all academic and professional matters, as defined by Title 5, Section 53200. Institutional effectiveness research, program reviews and individual unit plans are utilized in the planning process, which is intended to complement and inform the resource allocation and decision making processes. The Board may assist in developing the general institutional mission and goals for the comprehensive plans through various means, including, but not limited to, the President’s evaluation process, the Board retreat, and any time the Board reviews curriculum items. Planning documents will be submitted to the California Community College (CCC) System Office in a timely manner when required. The initial recommendation for integrating institutional planning rests with the Institutional Effectiveness Committee (IEC). Processes for developing, reviewing, updating, approving, and implementing plans include: A. Mission, Vision and Core Values 1. Reviewed and updated at least every five years by Expanded Cabinet. The updated Mission, vision, and core values will be approved by appropriate governance council(s) and a recommendation sent to the Board of Trustees. B. Strategic Plan 1. Reviewed annual and updated at least every five years by the Institutional Effectiveness Committee. The updated Strategic Plan will be approved by Expanded Cabinet as a recommendation to the President/Superintendent. C. CR District’s Educational Master Plan (EMP), the Facilities Master Plan, and the Technology Master Plan. 1. Reviewed annually and updated at least every five years by the Institutional Effectiveness Committee. The updated EMP will be approved by appropriate governance council(s) and a recommendation sent to the President/Superintendent. D. Program Review Process 1 Reviewed and updated annually by the Institutional Effectiveness Committee and recommended to the President/Superintendent. 2 Implemented annually by all programs and services. E. Program Review/Budget Development Linkage Process 1 Reviewed annually and updated as needed by the Institutional Effectiveness Committee and Budget Planning Committee and recommended to the President/Superintendent. 2 Implemented annually by all programs and services and supervised by the Budget Planning Committee. F. Integrated Planning Process 1. Reviewed annually and updated as needed by the Institutional Effectiveness Committee and Integrated Planning Committees and recommended to the President/Superintendent College Council. G. Budget Planning Calendar 1. Reviewed and implemented on an annual cycle and updated and approved as needed by the Budget Planning Committee. Reference: Accreditation Standard I.B; ACCJC Accreditation Standards I.B.9, III.B.4, III.C.2, III.D.2, IV.B.3, and IV.D.5 (formerly I.B);Title 5 Sections 51008, 51010, 51027, 53003, 54220, 55080, 55190, 55510, 56270 et seq. Approved: 06/07/2011 Amended: 12/4/2012 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy DRAFT BP 3260 PARTICIPATORY GOVERNANCE Introduction Governance at College of the Redwoods (CR) is a deliberate process which seeks out creative and constructive ideas and perspectives of this community of learners. It enables active, responsible participation of affected parties (which could be functional units and/or employee groups) in the decision-making process by providing meaningful opportunities to introduce, analyze, discuss and provide input or recommend courses of action before a final decision is made. Governance at CR is a process of participatory governance where decisions are made at the broadest possible level of the organizational structure. Principles Embodied in Governance 1 Board/Administration Authority. Participatory governance recognizes that the college mission should drive governance and accepts the authority vested in the Board and the Administration. It also recognizes that such authority will be exercised after due consideration of the recommendations resulting from the participatory governance process. 2 Freedom of Expression. Participatory governance is most effective when individuals and groups can express their opinions and engage in discourse freely and without fear of retaliation. Thus, it is the responsibility of all parties to conduct themselves and act in a manner that is consistent with this principle. 3 Respect and Implementation of Final Decision. Participatory governance is a process that allows for many divergent views, opinions and perspectives to be brought forward and discussed. However, participatory governance will be effective only if all parties agree to accept the final decision and do their part in implementing it, though they may disagree with the decision itself. 4 Constituent Participation and Influence. Participatory governance recognizes that the participation of affected constituent groups should be real and meaningful and that this participation should be based on the principle that each group should have the largest influence in matters that concern it most. As an example, according to this principle, faculty will have the largest influence when it is a matter of the areas mandated by AB 1725, such as curriculum, while student services staff will have the largest influence when it is a matter of matriculation. 5 Communication. Participatory governance recognizes that in addition to the involvement of members of affected groups or functional units, the need for establishing regular communication between and among the representative bodies and seeking their participation as appropriate. 6 Formal and Informal Processes. Participatory governance recognizes that governance involves implementation of an organized system of policies, procedures, guidelines and practices. It is recognized that the deliberate and formal process of participatory governance is appropriate for the first two while informal and collegial consultation is appropriate for the latter two. 7 Hiring and Evaluation of Administrators. Participatory governance recognizes the necessity and importance of participation of involved parties in the initial selection of supervisors and administrators and subsequently in providing feedback in the evaluation process of supervisors and administrators. 8 Decision Making. Participatory governance is most effective when decision-making is distributed throughout the organization so that decisions can be made at the broadest level of the organizational structure and when roles, responsibilities and decision-making authority of functional units and committees are clearly delineated. 9 Exceptions to Collegial Consultation Shared Governance. Participatory governance recognizes that while there is the presumption that the administration will abide by the advice and recommendation of the constituents there will be instances where it may choose to disregard such advice or recommendation. In such cases it is incumbent upon the administration, upon written request, to provide a written rationale for the decision within ten working days. It also recognizes that, in exceptional circumstances, it may become necessary to take action affecting institutional constituencies without the full benefit from the shared governance collegial consultative process. In such cases, the representative bodies will be informed as soon as possible and will have opportunities to provide feedback. 10 Self-Assessment/Feedback. Participatory governance requires periodic assessment of the process itself. It is expected that the process will be evaluated at least once a year with the express objective of making it better. 11 Decisions Not Requiring Participatory Governance. Participatory governance recognizes that there are many administrative decisions made in CR that do not fall under the purview of this process—for example, developing the facilities master plan is a matter of participatory governance while implementing the plan is not. 12 Timelines. Effective participatory governance requires that constituents and functional units adopt processes and practices that allow for decision-making in a timely manner. Reference: Education Code Section 70902(b)(7); Title 5, Sections 53200 et seq., (Academic Senate), 51023.5 (staff), 51023.7 (students); Accreditation Standard IV.A Adopted by Board of Trustees: 12/06/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3260 PARTICIPATORY GOVERNANCE College of the Redwoods hereby establishes a model for participatory governance to facilitate broad participation and involvement in college decision-making by all members of the college community, including students, faculty, classified staff and administrators. A major role of governance for the college must rest with the President Chief Executive Officer, directly accountable and responsible to the Board of Trustees for the educational leadership and effective management of the college's human, physical and fiscal resources. In keeping with the spirit of the Education Code of the State of California, the success of participatory governance at College of the Redwoods depends upon the levels of cooperation and trust attained, the values shared, and the consensus achieved among all college constituencies. The goal of the participatory governance process is to bring together all constituent groups in order to facilitate the development of college-wide recommendations. Participatory governance at College of the Redwoods (CR) must also function harmoniously with, but separate from, collective bargaining laws and the negotiated agreements between the respective employee bargaining units and the Redwoods Community College District. The California School Employees Association (CSEA) and the College of the Redwoods Faculty Organization (CRFO) represent the college classified staff and the faculty, respectively, in all matters pertaining to hours, wages, and working conditions. The Academic Senate also has rights and responsibilities that are defined by AB1725 (commonly referred to as the 10 + 1) and reflected in District Board Policy 203. The participatory governance model should be one that functions within: • the mandates of AB 1725, the Education Code, and Title V of the Code of Regulations • the Collective Bargaining Agreement(s), and • the policies of the Board of Trustees of the Redwoods Community College District. Vision/Mission/Values Vision College of the Redwoods is a learning community where lives are transformed. Mission College of the Redwoods puts student success first by providing outstanding developmental, career technical, and transfer education. The College partners with the community to contribute to the economic vitality and lifelong learning needs of its service area. We continually assess student learning, institutional performance and practices to improve upon the programs and services we offer. Values Student Success and Access: We put students first, ensuring that student learning, advancement, and access are pivotal to all we do. Educational Excellence and Innovation: We value ongoing and systematic planning and evaluating methods that move us towards excellence. Honoring Diversity: We value all members of our community and strive to create a nurturing, honest, open environment that allows diversity to thrive. Participatory Governance: We value ethical behavior and strive to create a culture where all students, staff, faculty and administrators engage in an inclusive, ongoing and self-reflective decision making. Environmental Awareness: We value the environment and recognize the need to minimize our impacts upon it. Community Development: We value the economic and intellectual development of the communities we serve. Supportive Culture: We strive to create a supportive, problem-solving culture, and we recognize the proven usefulness of an interest-based approach (IBA) for achieving trust, cooperation and effective problem solving. Accreditation Standards Redwoods Community College District is accredited by the Accrediting Commission for Community and Junior Colleges (ACCJC), the two-year higher education division of the Western Association of Schools and Colleges. Governance, as defined in these accreditation standards, supports institutional effectiveness by requiring processes in which ethical and broad-based leadership: guide the accomplishment of the mission, and promote ongoing dialogue focused on continuous improvement. Governance is addressed in two components of the accreditation standards. Standard IV includes these statements most relevant to this document: governance roles are designed to facilitate decisions that support student learning programs and services and improve institutional effectiveness, while acknowledging the designated responsibilities of the governing board and chief administrator. the institution establishes and implements a written policy providing for faculty, staff, administrator, and student participation in decision-making processes. The policy specifies the manner in which individuals bring forward ideas from their constituencies and work together on appropriate policy, planning, and special-purpose bodies. These accreditation standards provide a mandate for collaborative decision making and ongoing cooperation in decision making among the components of the District. Value of Participatory Governance Participatory governance is a process and structure designed to enable those who work and study in an academic institution to share the responsibility for planning and guiding the direction of the institution and for the implementation of recommendations and decisions. While decisions are not always based on majority rule, participatory governance shares the democratic belief in the inherent equality and dignity of persons, and the goal of promoting mutual benefit and individual liberty through an open deliberative process. It is this process when embraced by participants that can lead to effective governance and can result in an environment of innovation, respect, collaboration, and collegiality. Active service in participatory governance requires a significant expenditure of time and effort, both during, and in addition to, regularly assigned working hours. Substantial Ffaculty and staff involvement is critical to the success of this endeavor. Each member of the college community belongs to one or more of the college constituent groups and has the responsibility to actively participate in the participatory governance process. This responsibility may be a leadership role or a representative role, in which one may be required to attend meetings, report information and collect input, or as a general college member it may be to communicate questions, concerns and opinions to one’s representatives. Regardless of a member’s role, they may be asked to serve on committees or task forces and they have the responsibility to keep informed about the issues facing their constituent group. Whatever the member’s role, it is through active involvement by all members in the participatory government process that effective governance will occur. Implementation of Participatory Governance at CR The College and its governance groups strive to put into practice the spirit and principles of participatory governance. Effective participatory governance is a partnership between and among those who are charged with making recommendations and those who are held accountable for outcomes. An inclusive governance structure enables members of the college community to participate in developing recommendations for consideration by the Board of Trustees. Through mechanisms of participatory governance, the knowledge and experience of committed individuals and organizations will be molded into better decisions than any individual could make alone. In addition, there is a greater likelihood that participants will understand, embrace, and faithfully execute these jointly-developed decisions. Toward this end, it is appropriate that each individual and each constituent group within the Redwoods Community College District make a commitment to the success of our students, our mission, and the governance process by subscribing to a common set of standards within the participatory governance process. The participatory governance process at College of the Redwoods shall be guided by our commitments to the following standards: 1. We hold as our first priority in each decision the best interests of students and the provision of the highest quality programs and services. 2. We recognize that we are mutually dependent upon one another to perform our respective roles. The Board of Trustees, administration, faculty, support staff, and students all play critical roles; none of us can be successful without the support of others. 3. We affirm that each of us who fulfills a role also has value because of the knowledge and experience we contribute to making enlightened decisions. Our primary objective will be to make the best decision. 4. We strive to be honest, open, candid, and tolerant; to expect and cultivate the same behavior from all others in the process; and to refrain from words or behavior that either personally demean another participant, or discount his or her contribution or legitimate role. 5. We refrain from making decisions in a unilateral and authoritarian manner. 6. We respect the ultimate legal authority of another person or body to make the decision, with the expectation that there will be an attempt to understand and incorporate the reasoning and perspectives of the various parties of interest, and with the expectation that there will be a good-faith attempt to gain consensus about the decision. 7. We guard against tendencies of institutional, group, and personal self-interest that can divert the focus from making the best decision. 8. We make our positions known to others as clearly and explicitly as possible, and to make every effort to resolve conflict within the shared governance framework. 9. We consider commitments of time and resources as a cost of governance that should not detract from our fundamental role of providing direct instruction and services to students. 10. We accept personal and group responsibility for the development of trust and communication. The intent of AB 1725 and the accreditation standards is actualized in such a spirit of collaboration. Functionally, the process includes a system of committee meetings and activities designed to solve challenges at levels closest to the staff and work units affected and to provide the President with assistance in preparing plans, processes, and policies. These processes work because members of the College governance, advisory, and operational groups and administrative staff agree that shared responsibilities are important and are to be protected through adherence to the following mutual agreements: All members agree to: • Working for the greater good of our students. • Using analytical skills, creativity, and expertise to further District long-range goals, effective day-to-day functioning, and students’ well-being. Fulfill group member responsibilities through: • Attendance at meetings • Clear articulation of constituent needs • Function as a team member with other members of the group • Follow-through on tasks • Report meeting outcomes back to constituent groups W • Work toward common understanding and consensus in an atmosphere of respect. • Support the implementation of recommendations once group consensus is reached. • Welcome change and innovation. In turn, the President agrees to support the work of District groups by making the commitment that members will have: • Flexibility and resources needed to accomplish assigned tasks • Shared responsibility for outcomes • Praise and recognition for their work • Support for change and innovation • Access to leadership opportunities Relationship of College Constituency Groups: Roles of Board, President, Faculty, Staff, Administrators, and Students The College has developed individualized processes to generate, review, and implement recommendations on the academic and professional matters defined in law and regulation. However, when the implementations of recommendations impact the College as a whole, these recommendations are presented at the College Council. After being reviewed and considered by this group, recommendations flow to the President and Board of Trustees or return to the originating group for clarification. All groups retain the right to communicate directly with the Board of Trustees. Critical to the integrity of the College governance structure is that each member of the community understands the roles, responsibilities, and accountability of each constituent group in the governance process. Members of the College have the authority and responsibility to make recommendations in matters appropriate in scope. The scope for each constituent group outlined below is derived from several sources: the Government Code of California, California Code of Regulations Board Policy, and College practices and procedures. Role of the Board of Trustees Trustees are guardians of the public’s trust and are accountable to all citizens of the District. As described in the previous section of this document, Tthe Board’s primary responsibility is to establish District policies that align with the minimum standards set by the Board of Governors of the California Community Colleges. The Board of Trustees, as elected representatives of the community, is the final voice in the District subject to the laws and appropriate regulations of the State Legislature and State Chancellor’s Office. The Board ensures that this mission and vision will be accomplished by assigning responsibilities to the President CEO. In this way, the Board remains outside the operations of the District. As a legislative body, the Board of Trustees conducts deliberations and actions openly within the realm of public scrutiny consistent with Government Code Section 54953, also known as the Ralph M. Brown Act. Minutes are prepared for all actions taken by the Board of Trustees to serve as the District’s public record. Every regular Board meeting provides an opportunity for the public to address the Trustees on any item of interest to citizens within the jurisdiction of the Board. No action, however, can be taken on an issue unless it has first been noticed on the Board agenda. In response to unagendized public comments, therefore, Board members may: Request clarification from those making public comments; Request staff to provide factual information on the comments being presented; Request staff to report back to the Board on the subject of comment at a later meeting; or Direct staff to place the matter on a future agenda. Exceptions to the requirement for open meetings occur when the Board confers in private for consideration of or to confer with: the appointment, employment, evaluation, discipline or dismissal of an employee; charges brought against an employee by another; national or public security; legal counsel regarding litigation; student disciplinary actions; realproperty transactions; District representatives within the scope of collective bargaining; honorary degrees or gifts from anonymous donors; or any time as current law allows. Items to be discussed in such a closed session are disclosed in open session through the printed and public Board agenda. Following a closed session, the Board reconvenes in open session and announces any action taken in closed session and the vote or abstentions of its members. Trustees do not disclose personnel, collective bargaining, or other discussions prohibited by law. Role of District President/Superintendent CEO The President CEO is the administrative agent of the Board of Trustees and, as such, is the only employee responsible directly to the Board. The President is accountable for the operation of the District and for providing policy recommendations to the Board. The President has the right to accept, reject, or modify recommendations from the College Council. When the President rejects or modifies a recommendation from the College Council, he/she informs that group of the objections to their recommendation. The Academic Senate, CRFO, CSEA, Managers Council and ASCR retain the right to present their comments on the President’s recommendation directly to the Board of Trustees. Role of Faculty Faculty members perform duties as instructors, librarians, or counselors in areas for which they possess appropriate qualifications; implement activities based on applicable recommendations and District/College goals; perform contractually identified professional responsibilities; and provide advice and recommendations regarding relevant policies and procedures through active participation on committees, councils, and task forces. Full-time and part-time faculty members at the College are represented in governance by an Academic Senate. As per Board Policy 203 “Responsibilities of the Academic Senate,” in the following areas the Board delegates authority and responsibility to the Academic Senate for making recommendations to the Board. In making decisions in these areas, the Board will rely primarily upon the advice and judgment of the Academic Senate: 1 Curriculum, including establishing prerequisites and placing courses within disciplines 2 Degree and certificate requirements 3 Grading policies 4 Standards or policies regarding student preparation or success 5 Faculty qualifications, including equivalencies, internships, and the placement of courses in disciplines for the purpose of establishing minimum qualifications 6 Decisions to offer tenure 7 Policies for faculty professional development activities In these areas the recommendations of the Senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted. If a recommendation is not accepted, the Board or its representative, upon written request of the Academic Senate, will communicate its reasons in writing within ten working days. In the following areas the Board or its representatives will reach mutual agreement with the Academic Senate, and such agreement will be expressed either by written resolution, administrative regulation, board policy, or other board action: 1 2 3 4 5 6 Senate Educational program development, including both the initiation and elimination of programs College governance structures as related to faculty roles Faculty roles and involvement in accreditation processes including self-study and annual reports Processes for program review Processes for institutional planning and budget development Other academic and professional matters as mutually agreed upon between the Board and the Academic In these areas, when agreement cannot be reached between the Board and the Academic Senate, existing policy shall remain in effect unless continuing with such policy exposes the district to legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or in cases where the exposure to legal liability or substantial fiscal hardship requires existing policy to be changed, the Board will act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons. In those cases, upon written request of the Academic Senate, the Board will provide a written rationale to the Academic Senate within ten working days. In addition to the specific responsibilities noted above, the Academic Senate is responsible, after consultation with the President or his or her designee, for making faculty appointments to all committees, task forces, or other groups dealing with academic and professional matters. Full-time and part-time faculty members within the District are represented in collective bargaining by CRFO, which operates under a contract negotiated and approved by its members. The two bodies that represent faculty are compatible; the Academic Senate is responsible for professional and academic matters, while the CRFO responds to negotiable matters such as salary, benefits, and working conditions. Role of Classified Staff Classified staff members include College employees in a wide range of positions including administrative assistants, clerks, custodians, and grounds workers. Classified staff members are provided with opportunities to participate in the formulation and development of recommendations as well as in the processes for developing recommendations that have or will have a significant effect on their work. Classified staff members are represented by the CSEA. This collective bargaining unit conducts elections to appoint classified staff to College governing councils in the areas that have or will have a significant effect on staff and that are outside the scope of collective bargaining. Prior to the Board of Trustees taking action on such matters, classified staff are provided with the opportunity to participate in the formulation of recommendations through committee participation in areas that affect them. The Board gives every reasonable consideration to recommendations and opinions of staff. Role of Students Students are the reason the College exists: Students learn through participation in and completion of approved courses and involvement in college life activities. Students are represented by an Associated Student College of the Redwoods (ASCR) organization composed of an elected Student Senate. The student government organization operates in accordance with its own constitution and bylaws and is responsible for appointing student representatives to serve on College councils and committees. In their role representing all students, they offer opinions and make recommendations to the administration of the College and to the Board of Trustees with regard to policies and procedures that have or will have a significant effect on students. Those areas are specifically defined as: • Grading policies • Codes of student conduct • Academic disciplinary policies • • • • • • • Curriculum development Courses or programs which should be initiated or discontinued Processes for institutional planning and budget development Standards and policies regarding student preparation and success Student services planning and development Students fees within the authority of the District to adopt Any other District and College policy, procedure, or related matter that the District Board of Trustees determines will have a significant effect on students Generally, the Board of Trustees shall not take action on a matter having a significant effect on students unless they have been provided with an opportunity to participate in the recommendation process. The Board of Trustees ensures that recommendations and positions developed by students are given every reasonable consideration. Similarly, the Academic Senate will consult with their counterpart ASCR prior to making recommendations that impact students’ interests. Role of Administrators and Management Staff The constituency body of administrators and management staff are held accountable to provide effective leadership for and support of faculty and staff in the planning, implementation, and monitoring of College activities while maintaining compliance with state regulations, laws, and College policies. Structure of Participatory Governance Participatory governance at College of the Redwoods relies on advisory committees, each concerned with functions critical to the well-being of the college community. The President chairs College Council. College Council is assisted by information gathered by many segments of the college. Other governance and representative groups at the college include: Academic Senate (Full-time and Part-time Faculty) Administrative Cabinet (Management Team) Managers Council California State Employees Association (CSEA) (Permanent Full-time & Part-time Classified) College of the Redwoods Faculty Organization (CRFO) (Full-time & Part-time Faculty) Student Senate/Associated Students of CR (ASCR) (Students) Operating Agreements for Groups Operating agreements outline the rules of conduct, desired behaviors, delegation of authority, and the roles and responsibilities of committee members. Some groups may develop specific operating agreements. Following are overall operating agreements for all CR groups. 1. All members of District groups understand that they attend meetings to represent constituent groups at a College. In this role, members are responsible to serve as a conduit for information and the catalyst for discussion on topics raised and within the constituent group. These topics include, but are not limited to, the specific areas outlined in state law and regulation. 2. Team members are committed to their group’s charge and to agreed-upon norms for operating in District groups. In the first fall meeting, each governance group will: • Distribute and discuss the group’s charge and reporting structure to ensure the group • members understand of their relationship in the Colleges’ governance structure • Develop norms for working as a team • Develop operating agreements for determining recommendations • Review or establish task-specific operating agreements, if needed 3. Team members are committed to regular attendance in accordance with their contractual obligations and understand that matters will be acted upon irrespective of absent members. 4. A record of each meeting is distributed and posted on the District website. 5. Recommendations from all groups are forwarded to the President. The chairs are responsible for tracking the progress of those recommendations and providing feedback to the group on the approval, rejection, or modification of the recommendations. All College consultative bodies are expected to conduct their work efficiently and provide recommendations to the President on a timely basis. Failure to provide recommendations in a reasonable period of time will result in the President exercising his delegated authority to act independently for the good of the District. 6. It is everyone’s responsibility to work toward achieving the Mission, Vision, and Strategic Goals of the College. Additionally, the members and chairs of committees are responsible for ensuring a continuous flow of communication regarding decision making from the College President, the College Council, committees, constituency groups, and the campus at large. 7. A self-assessment of group effectiveness will be conducted annually. Reference: Education Code Section 70902(b)(7); Title 5, Sections 53200 et seq; 51023.5; 51023.7; Accreditation Standard IV.A.2, IV.A.5 Approved: 11/01/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 3281 Number Update only from Board of Trustees Policy No. 702 GIFTS, GRANTS, DONATIONS The Board will be informed about all grant applications made and grants and gifts received by the District. The CEO shall establish procedures to assure timely application and processing of grant applications and funds, and that the grants that are applied for directly support the purposes of the District. Individuals and organizations periodically wish to contribute supplies, equipment, or real property to enhance college programs. The District may accept gifts by official Board action. The District reserves the right to not accept gifts which do not contribute toward the achievement of College goals or if ownership would deplete the resources of the College or be of only limited use by the College. Any gift accepted by the Board shall become the property of the District and is subject to the same controls and regulations as are other District real or personal property. ln no case shall acceptance of a gift be considered an endorsement by the Board of a commercial product or business enterprise or institution of learning. Neither the District, nor its employees or agents, shall establish, for tax purpose, the value of any gift or donation. (Education Code 1834) Former Board of Trustees Policy No. 702, number change only on June 5, 2012 August 15, 1977 Amended October 3, 1994 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3431 BULLYING College of the The Redwoods Community College District is committed to protecting its students and employees from bullying, harassment or discrimination for any reason and of any type. All students and employees are entitled to a safe, equitable and harassment-free educational and work-place environment. Bullying is the inflicting of physical hurt or psychological distress on one or more students or employees. It is further defined as unwanted purposeful written, verbal, nonverbal, physical behavior, or any severe or pervasive physical or verbal act, including communications made in writing or by means of an (cyber) electronic act. Including but not limited to any threatening, insulting or dehumanizing gesture, by an employee or student, that has the potential to create an intimidating, hostile, or offensive educational/work-place environment or cause long term damage, discomfort or humiliation; or unreasonably interfere with the individual’s academic or work performance or participation, is carried out repeatedly and is characterized by an imbalance of power. DEFINITIONS: “Harassment, hazing, or bullying” is any gesture or written, verbal, graphic, psychological, or physical act (including electronically transmitted acts – i.e. internet, cell phone) that meets one of the definitions below. “Harassment” is intentional conduct that adversely affects the ability of another person to participate in or benefit from educational programs or activities because the conduct, as reasonably perceived by the person, is so severe, pervasive, and objectively offensive as to have this effect. “Hazing” is any conduct which subjects another person, whether physically, mentally, emotionally, or psychologically, to anything that may endanger, abuse, degrade, or intimidate the person as a condition of association with a group or organization, regardless of the person’s consent or lack of consent. “Bullying” is any action and/or threatening behavior that adversely affects the ability of a person to participate in or benefit from the educational programs or activities by placing the person in reasonable fear of physical harm, loss of property, injury to friends or family, or by causing emotional distress. “Electronic act” means the transmission of a communication via a text, sound or image, or a post on a social network by means of an electronic device including a telephone, computer or pager, according to the new law. RESPONSIBILITIES Administrators and Managers • Be familiar with and behave according to this policy • • • • • Ensure that all employees are aware of the anti-bullying policy and procedure Ensure that any alleged incident of bullying is investigated regardless of whether a complaint of bullying has been received Provide leadership and role-modeling in appropriate professional behavior Respond promptly, sensitively and confidentially to all situations where bullying behavior is observed or alleged to have occurred If you are a witness to bullying, report incidents to the Chief Instructional/Chief Student Services Officer, Chief Business Officer or Chief Human Resources Officer Vice-President of Student Development, or Human Resources Director as appropriate Employees • • • Be familiar with and behave according to this policy If you are a witness to bullying, report incidents to your supervisor, Vice-President of Student Development, or Human Resources Director as appropriate Where appropriate, speak to the alleged bully(ies) to object to the behavior College of the Redwoods Centers • Be familiar with and behave according to this policy • If you are a witness to bullying, report incidents to your Center Dean who will then follow up with the Vice President of Student Development, or Human Resource Director as appropriate. No form of bullying, harassment or discrimination will be tolerated and shall be just cause for disciplinary action. This policy shall be interpreted and applied consistently with all applicable state and federal laws and the collective bargaining agreements. See Board of Trustee Policy 3431. References: Education Code Section 32260-32262; 32265; 32270; 35294.10-35294.15; 48900-48927; Adopted by Board of Trustees: November 7, 2012 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3435 Number Update only from Administrative Regulation No. 809.03 PROCEDURES FOR COMPLAINTS OF UNLAWFUL DISCRIMINATION DISCRIMINATION AND HARASSMENT COMPLAINTS AND INVESTIGATIONS (Including Title IX Complaints) Introduction and Scope These are the written policies and procedures for filing and processing complaints of unlawful discrimination at Redwoods Community College District. These policies and procedures incorporate the legal principles contained in nondiscrimination provisions of the California Code of Regulations, Title 5, sections 59300 et seq. as well as other state and federal substantive and procedural requirements. A copy of these written policies on unlawful discrimination will be displayed in a prominent location in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted. Authority: 20 U.S.C. § 1681 et seq.; Ed. Code, §§ 66270, 66271.1, 66281.5; Gov. Code, § 11135-11139.5; Cal. Code Regs., tit. 5, § 59326. Reference: Cal. Code Regs., tit. 5, § 59300 et seq.; 34 C.F.R. § 106.8(b). Definitions Definitions applicable to nondiscrimination policies are as follows: • "Appeal" means a request by a complainant made in writing to the Redwoods Community College District governing board pursuant to Title 5, section 59338, and/or to the State Chancellor’s Office pursuant to Title 5, section 59339, to review the administrative determination of the District regarding a complaint of discrimination. • "Complaint" means a written and signed statement meeting the requirements of Title 5, section 59328 that alleges unlawful discrimination in violation of the nondiscrimination regulations adopted by the Board of Governors of the California Community Colleges, as set forth at Title 5, section 59300 et seq. • "Days" means calendar days. • "Mental disability" includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: A. "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. B. A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. C. "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires specialized supportive services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the District. (4) Being regarded or treated by the District as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). "Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.[1] "Physical disability" includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: A. Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. B. Limits a major life activity. For purposes of this section: i. "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. ii. A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. iii. "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires specialized supportive services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the District. (4) Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.[2] “District” means the Redwoods Community College District or any District program or activity that is funded directly by the state or receives financial assistance from the state. This includes the District Personnel Commission and any other organization associated with the District or its college(s) that receives state funding or financial assistance through the District. “ Responsible District Officer”means the officer identified by the District to the State Chancellor's Office as the person responsible for receiving complaints filed pursuant to Title 5, section 59328, and coordinating their investigation. “ Sexual harassment”is unlawful discrimination in the form of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, and includes but is not limited to: (1) Making unsolicited written, verbal, physical, and/or visual contacts with sexual overtones. (Examples of possible sexual harassment that appear in a written form include, but are not limited to: suggestive or obscene letters, notes, invitations. Examples of possible verbal sexual harassment include, but are not limited to: leering, gestures, display of sexually aggressive objects or pictures, cartoons, or posters.) (2) Continuing to express sexual interest after being informed that the interest is unwelcomed. (3) Making reprisals, threats of reprisal, or implied threats of reprisal following a rebuff of harassing behavior. The following are examples of conduct in an academic environment that might be found to be sexual harassment: implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied. (4) Engaging in explicit or implicit coercive sexual behavior within the work environment which is used to control, influence, or affect the employee’s career, salary, and/or work environment. (5) Engaging in explicit or implicit coercive sexual behavior within the educational environment that is used to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student. (6) Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. “ Unlawful discrimination”means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation. Authority: Gov. Code, § 12926; Cal. Code Regs., tit. 5, § 59311; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001. Students and Employees Notice, Training, and Education The Redwoods Community College District’s responsible officer shall make arrangements for or provide training to employees and students on the District’s unlawful discrimination policy and procedures. Faculty members, members of the administrative staff, and members of the support staff will be provided with a copy of the District’s written policy on unlawful discrimination at the beginning of the first quarter or semester of the college year after the policy is adopted. All District employees will receive this training and a copy of the unlawful discrimination policies and procedures during the first year of their employment. Because of their special responsibilities under the law, supervisors will undergo mandatory annual training. In years in which a substantive policy or procedural change has occurred all District employees will attend a training update and/or receive a copy of the revised policies and procedures. A training program or informational services will be made available to all students in the college catalog. The student training or informational services should include an explanation of the policy, how it works, and how to file a complaint. In addition, a copy of the District’s written policy on unlawful discrimination, as it pertains to students, will be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. Authority: Ed. Code, § 66281.5; Cal. Code Regs., tit. 5, §§ 59324 and 59326. Reference: Cal. Code Regs., tit. 5, § 59300 et seq.; 34 C.F.R. § 106.8(b). Unlawful Discrimination Policy The policy of the Redwoods Community College District is to provide an educational and employment environment in which no person shall be unlawfully denied full and equal access to, the benefits of, or be unlawfully subjected to discrimination on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability in any program or activity that is administered by, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges. The policy of the Redwoods Community College District is to provide an educational and employment environment free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment. Employees, students, or other persons acting on behalf of the District who engage in unlawful discrimination as defined in this policy or by state or federal law may be subject to discipline, up to and including discharge, expulsion, or termination of contract. In so providing, the Redwoods Community College District hereby implements the provisions of California Government Code sections 11135 through 11139.5, the Sex Equity in Education Act (Ed. Code, § 66250 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12100 et seq.) and the Age Discrimination Act (42 U.S.C. § 6101)[3]. Authority: Cal. Code Regs., tit. 5, § 59300; Gov. Code, §§ 11135-11139.5; Ed. Code, § 66250 et seq.; 42 U.S.C. § 2000d; 20 U.S.C. § 1681; 29 U.S.C. § 794; 42 U.S.C. § 12100 et seq.; 42 U.S.C. § 6101. Retaliation It is unlawful for anyone to retaliate against someone who files an unlawful discrimination complaint, who refers a matter for investigation or complaint, who participates in an investigation of a complaint, who represents or serves as an advocate for an alleged victim or alleged offender, or who otherwise furthers the principles of this unlawful discrimination policy. Authority: 20 U.S.C. § 1681 et seq.; 34 C.F.R. § 106; Cal. Code Regs., tit. 5, § 59300 et seq.; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001. Academic Freedom The Redwoods Community College District Governing Board of Trustees reaffirms its commitment to academic freedom, but recognizes that academic freedom does not allow any form of unlawful discrimination. It is recognized that an essential function of education is a probing of opinions and an exploration of ideas that may cause some students discomfort. It is further recognized that academic freedom insures the faculty’s right to teach and the student’s right to learn. Finally, nothing in these policies and procedures shall be interpreted to prohibit bona fide academic requirements for a specific community college program, course or activity. Reference: Cohen v. San Bernardino Valley College (1995) 883 F.Supp. 1407, 1412-1414, affd. in part and revd. in part on other grounds, (1996) 92 F.3d 968; Cal. Code Regs., tit. 5, § 59302. Responsible District Officer The Redwoods Community College District has identified Ibrahim “Abe” Ali, Human Resources Director/EEO to the State Chancellor’s Office and to the public as the single District officer responsible for receiving all unlawful discrimination complaints filed pursuant to Title 5, section 59328, and for coordinating their investigation. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract with the District. Such delegation procedures will be used whenever the officer designated to receive complaints is named in the complaint or is implicated by the allegations in the complaint.[4] Administrators, faculty members, other District employees, and students shall direct all complaints of unlawful discrimination to the responsible District officer. Authority: Cal. Code Regs., tit. 5, § 59324; 34 C.F.R. § 106.8. Informal/Formal Complaint Procedure[5] When a person brings charges of unlawful discrimination to the attention of the District’s responsible officer, that officer will: (1) Undertake efforts to informally resolve the charges; (2) Advise the complainant that he or she need not participate in informal resolution; (3) Notify the person bringing the charges of his or her right to file a formal complaint and explain the procedure for doing so; (4) Assure the complainant that he or she will not be required to confront or work out problems with the person accused of unlawful discrimination; (5) Advise the complainant that he or she may file a nonemployment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within that agency’s jurisdiction. (6) If the complaint is employment-related, the complainant should also be advised that he or she may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where such a complaint is within that agency’s jurisdiction. Efforts at informal resolution need not include any investigation unless the responsible District officer determines that an investigation is warranted by the seriousness of the charges. Selecting an informal resolution does not extend the time limitations for filing a formal complaint. Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to Title 5, section 59334, and will be completed unless the matter is informally resolved and the complainant dismisses the complaint. Any efforts at informal resolution after the filing of a written complaint will not exceed the 90-day period for rendering the administrative determination pursuant to Title 5, section 59336. In employment-related cases, if the complainant files with the Department of Fair Employment and Housing, a copy of that filing will be sent to the State Chancellor's Office requesting a determination of whether a further investigation under Title 5 is required. Unless the State Chancellor's Office determines that a separate investigation is required, the District will discontinue its investigation under Title 5 and the matter will be resolved through the Department of Fair Employment and Housing. The District will provide for representation where required by law and may allow for representation for the accused and complainant in other circumstances on a case by case basis. Authority: Cal. Code Regs., tit. 5, §§ 59327, 59328, 59334, 59336, and 59339; NLRB v. Weingarten, Inc. (1975) 420 U.S. 251. Filing of Formal Written Complaint If a complainant decides to file a formal written unlawful discrimination complaint against the District, he or she must file the complaint on a form prescribed by the State Chancellor. These approved forms are available from the District and also at the State Chancellor’s website, as follows: http://www.cccco.edu/divisions/legal/Discrimination/discrimination.htm The completed form must be filed with the District representative or mailed directly to the State Chancellor’s Office of the California Community Colleges. Once a complaint is filed, the individual(s) accused of engaging in prohibited discriminatory conduct should be advised of that filing and the general nature of the complaint. This should occur as soon as possible and appropriate under the circumstances. The District will also advise the accused that an assessment of the accuracy of the allegations has not yet been made, that the complaint will be investigated, that the accused will be provided an opportunity to present his/her side of the matter, and that any conduct that could be viewed as retaliatory against the complainant or any witnesses must be avoided. Authority: Cal. Code Regs., tit. 5, §§ 59311 and 59328. Threshold Requirements Prior to Investigation of a Formal Written Complaint When a formal written complaint is filed it will be reviewed to determine if the complaint meets the following requirements: The complaint must be filed on a form prescribed by the State Chancellor's Office. The complaint must allege unlawful discrimination prohibited under Title 5, section 59300. The complaint must be filed by one who alleges that he or she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his or her official capacity as a faculty member or administrator. In any complaint not involving employment, the complaint must be filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known of the facts underlying the specific incident or incidents of alleged unlawful discrimination In any complaint alleging discrimination in employment, the complaint shall be filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period will be extended by no more than 90 days following the expiration of that 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of 180 days. If the complaint is defective it will be immediately returned to the complainant with a complete explanation of why an investigation could not be initiated under Title 5, California Code of Regulations, section 59300 et seq. Additional information about this initial review of complaints can be found in the Guidelines for Processing Formal Title 5 Unlawful Discrimination Complaints prepared by the State Chancellor's Office.[6] Authority: Cal. Code Regs., tit. 5, § 59328. Notice to State Chancellor or District A copy of all complaints filed in accordance with the Title 5 regulations will be forwarded to the State Chancellor's Office immediately upon receipt. Similarly, when the State Chancellor's Office receives a complaint a copy will be forwarded to the District. Authority: Cal. Code Regs., tit. 5, § 59330. Confidentiality of the Process Investigative processes can best be conducted within a confidential climate, and the District does not reveal information about such matters except as necessary to fulfill its legal obligations. However, potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. The inability to reveal the name of a complainant or facts that are likely to reveal the identity of the complainant can severely limit the ability of the District to respond. Complainants must also recognize that persons who are accused of wrongdoing have a right to present their side of the matter, and this right may be jeopardized if the District is prohibited from revealing the name of the complainant or facts that are likely to disclose the identity of the complainant. If a complainant insists that his or her name not be revealed, the responsible officer should take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request as long as doing so does not jeopardize the rights of other students or employees. It is also important that complainants and witnesses understand the possibility that they may be charged with allegations of defamation if they circulate the charges outside of the District’s process. In general, persons who are participating in a District investigative or disciplinary process that is related to a charge of discrimination are protected from tort claims such as defamation. However, persons who make allegations outside of these processes or who discuss their claims with persons outside of the process may expose themselves to tort charges. Complainants, witnesses, and those accused of discrimination will all be asked to sign a confidentiality acknowledgement statement. Where an investigation reveals the need for disciplinary action, the complainant may wish to have information about what disciplinary actions the District took. However, the privacy rights of the persons involved often prevent the District from providing such information. In student disciplinary actions for sexual assault/physical abuse charges, Education Code, section 76234 provides that the victim shall be informed of the disciplinary action, but that the victim must keep the information confidential. Disciplinary actions taken against employees are generally considered confidential.[7] Authority: Cal. Const. Art. I, § 1; Civil Code § 47; Ed. Code, §§ 76234 and 87740; Silberg v. Anderson (1990) 50 Cal.3d. 205; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001. Administrative Determination Within 90 days of receiving an unlawful discrimination complaint filed under Title 5, sections 59300 et seq., the responsible District officer will complete the investigation and forward a copy of the investigative report to the State Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all the following to both the complainant and the State Chancellor: (a) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; (b) a description of actions taken, if any, to prevent similar problems from occurring in the future;[8] (c) the proposed resolution of the complaint; and (d) the complainant's right to appeal to the District governing board and the State Chancellor. Authority: Cal. Code Regs., tit. 5, § 59336. Complainant’s Appeal Rights Complainants have appeal rights that they may exercise if they are not satisfied with the results of the District’s administrative determination. At the time the administrative determination and summary is mailed to the complainant, the responsible District officer or his/her designee shall notify the complainant of his or her appeal rights as follows: First level of appeal: The complainant has the right to file an appeal to the District’s governing board within 15 days from the date of the administrative determination. The District’s governing board will review the original complaint, the investigative report, the administrative determination, and the appeal. The District’ s governing board will issue a final District decision in the matter within 45 days after receiving the appeal. Alternatively, the District’s governing board may elect to take no action within 45 days, in which case the original decision in the administrative determination will be deemed to be affirmed and shall become the final District decision in the matter. A copy of the final decision rendered by the District’s governing board will be forwarded to the complainant and to the State Chancellor's Office. Second level of appeal: The complainant has the right to file an appeal with the California Community College Chancellor’s Office in any case not involving employment-related discrimination within 30 days from the date that the governing board issues the final District decision or permits the administrative determination to become final by taking no action within 45 days.[9] The appeal must be accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board, and a statement under penalty of perjury that no response was received from the governing board within 45 days from that date. Complainants must submit all appeals in writing. Authority: Cal. Code Regs., tit. 5, §§ 59338 and 59339. Forward to State Chancellor Within 150 days of receiving a complaint, the responsible District officer will forward the following to the State Chancellor: A copy of the final District decision rendered by the governing board or a statement indicating the date on which the administrative determination became final as a result of taking no action on the appeal within 45 days. A copy of the notice of appeal rights the District sent the complainant. Any other information the State Chancellor may require. Authority: Cal. Code Regs., tit. 5, §§ 59338 and 59340. Extensions If for reasons beyond its control, the District is unable to comply with the 90-day or 150-day deadlines specified above for submission of materials to the complainant and the State Chancellor's Office, the responsible District officer will file a written request that the State Chancellor grant an extension of the deadline. The request will be submitted no later than 10 days prior to the expiration of the deadlines established by Title 5 in sections 59336 and/or 59340 and will set forth the reasons for the request and the date by which the District expects to be able to submit the required materials. A copy of the request for an extension will be sent to the complainant, who may file written objections with the State Chancellor within 5 days of receipt. The State Chancellor may grant the request unless delay would be prejudicial to the complainant. If an extension of the 90-day deadline is granted by the State Chancellor the 150-day deadline is automatically extended by an equal amount. Authority: Cal. Code Regs., tit. 5, § 59342. College Employees in Unions Nothing in this Unlawful Discrimination Complaint procedure supersedes or amends grievance procedures set forth by valid contractual agreement. Record Retention Unlawful discrimination records that are part of an employee’s employment records may be classified as Class-1 Permanent records and retained indefinitely or microfilmed in accordance with Title 5, California Code of Regulations, section 59022. Unlawful discrimination records of a student that are deemed worthy of preservation but not classified as Class-1 Permanent may be classified as Class-2 Optional records or as Class-3 Disposable records, to be retained for a period of three years. Authority: Cal. Code Regs., tit. 5, § 59020. Former Administrative Regulation No. 809.03, number change only on June 5, 2012 Adopted by Board of Trustees: 6/83 Revised: 7/86, 3/15/87, 11/4/91, 12/9/91, 2/4/03 [1] If the Americans with Disabilities Act of 1990 definitions would result in broader protection of the civil rights of individuals with a mental or physical disability, or would include any medical condition not included within these definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of the definitions in Government Code section 12926 and should be included in district policy. (Gov. Code, § 12926(l).) [2] Ibid. [3] If the federal statutes cited above would result in broader protection of the civil rights of individuals then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of Title 5, section 59300, as cited in the Model Policy. [4] The Office for Civil Rights (OCR) advises educational institutions to give one official responsibility for oversight and coordination of all sexual harassment complaints to insure consistent practices and standards in handling complaints as well as coordination of record keeping. This will help ensure that the educational institution can and will resolve recurring problems and identify students or employees who have multiple complaints filed against them. The State Chancellor's Office advises that having the responsible district officer, named pursuant to Title 5, section 59324, coordinate both sexual harassment and other unlawful discrimination complaints satisfies OCR’s instruction on this subject. [5] The purpose of the informal resolution process is to allow an individual who believes she/he has been unlawfully discriminated against or sexually harassed to resolve the issue through a mediation process rather than the formal complaint process. Typically, the informal process will be invoked when there is a simple misunderstanding or the complainant does not wish to file a formal complaint. Resolution of an informal complaint may require nothing more than a clarification of the misunderstanding or an apology from the respondent and an assurance that the offending behavior will cease. However, the district is responsible for maintaining a safe and discrimination free educational environment and serious allegations may need to be investigated even if the complaining party considers the matter resolved. In an informal process the district officer shall advise the complainant of his or her rights and responsibilities under both the formal and informal processes. If the complainant declares his or her preference for the informal process, the responsible district officer shall present the complainant with a document that describes the informal/formal process that contains the basics of complainant’s allegations of unlawful discrimination. This document will clearly indicate that the complainant opted for the informal resolution process and should be signed and dated by the complainant. The informal resolution process will not be made a predicate to the process and investigation of a formal complaint. If a formal complaint is filed, an investigation must be completed within the time required unless it is voluntarily rescinded by a complainant as a result of a successful informal resolution. [6] The Guidelines for Processing Formal Title 5 Unlawful Discrimination Complaints is a procedural aid for processing formal unlawful discrimination complaints. [7] Complainants must trust the District to take appropriate action and must understand that the District is generally not at liberty to discuss personnel or student matters, particularly disciplinary matters. In some disciplinary cases, the complainant may be required to testify at a hearing, and would therefore be aware of the proposed disciplinary action. [8] If it is determined that discrimination did occur, possible remedies to prevent similar problems from occurring in the future include all the standard District disciplinary actions for students and employees, ranging from undocumented reprimand to termination or expulsion. If formal disciplinary action is inappropriate, other possible remedies include training in the pertinent area(s) of unlawful discrimination, apology, and restricting or forbidding contact between the perpetrator and victim. [9] The Department of Fair Employment and Housing (DFEH) has final jurisdiction over employment-related cases. Therefore, the State Chancellor's Office has agreed to accept DFEH decisions and generally will not accept appeals in employment discrimination cases. However, in limited circumstances the State Chancellor's Office will intervene, such as when intervention might bring about a resolution at the informal level or when some unique aspect of community college governance is at issue and the expertise of the State Chancellor's Office is needed. Complaints Any person who has suffered harassment, discrimination, or retaliation may file a formal or informal complaint of harassment, discrimination, or retaliation. A formal complaint is a written and signed statement filed with the District or the State Chancellor’s office that alleges harassment, discrimination, or retaliation in violation of the District’s Board Policies, Administrative Procedures or in violation of state or federal law. An informal complaint is any of the following: (1) An unwritten allegation of harassment, discrimination, or retaliation; (2) a written allegation of harassment, discrimination, or retaliation that falls outside the timelines for a formal complaint; or (3) a written complaint alleging harassment, discrimination, or retaliation filed by an individual who expressly indicates that he/she does not want to file a formal complaint. Informal Complaints Any person may submit an informal complaint to the [designate position] or any other District or college administrator. Administrators receiving an informal complaint shall immediately notify the Chief Human Resources Officer (CHRO) in writing of all pertinent information and facts alleged in the informal complaint. Upon receipt of an informal complaint, the CHRO will notify the person bringing the informal complaint of his/her right to file a formal complaint, if the incident falls within the timeline for a formal complaint, and explain the procedure for doing so. The complainant may later decide to file a formal complaint, if within the timelines to do so. If the individual chooses not to file a formal complaint, or if the alleged conduct falls outside the timeline to file a formal complaint, the CHRO shall consider the allegations contained in the informal complaint and determine the appropriate course of action. This may include efforts to informally resolve the matter, or a fact-finding investigation. Investigation of an informal complaint will be appropriate if the CHRO determines that the allegation(s), if proven true, would constitute a violation of the District policy prohibiting harassment, discrimination, or retaliation. The CHRO will explain to any individual bringing an informal complaint that the CHRO may decide to initiate an investigation, even if the individual does not wish the [designate position] to do so. The CHRO shall not disregard any allegations of harassment, discrimination, or retaliation solely on the basis that the alleged conduct falls outside the deadline to file a formal complaint. Formal Complaints Formal Complaints must be filed with the State Chancellor or the CHRO unless the party submitting the Formal Complaint alleges discrimination, harassment, or retaliation against the responsible district officer, in which case it should be submitted directly to the Chief Executive Officer (CEO) or the State Chancellor. Formal Complaints should be submitted on the form prescribed by the State Chancellor. A copy of the form will be available at the District human resources department office and on district’s web site. If any party submits a written allegation of harassment, discrimination, or retaliation not on the form described above, the District will seek to have the individual complete and submit the form. However, if the individual chooses not to do so, the District will attach the written allegation(s) to the form and treat it as a Formal Complaint. In no instance will the District reject a written allegation of harassment, discrimination, or retaliation on the basis that it was not submitted on the proper form. A Formal Complaint must meet each of the following criteria: • It must allege facts with enough specificity to show that the allegations, if true, would constitute a violation of District policies or procedures prohibiting discrimination, harassment, or retaliation; • The complainant must sign and date the Formal Complaint; • The complainant must file any Formal Complaint not involving employment within one year of the date of the alleged discriminatory, harassing, or retaliatory conduct or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation(s) of discrimination, harassment, or retaliation. • The complainant must file any Formal Complaint alleging discrimination, harassment, or retaliation in employment within 180 days of the date of the alleged discriminatory, harassing, or retaliatory conduct, except that this period shall extended by no more than 90 days following the expiration of the 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days. If the Formal Complaint does not meet the requirements set forth above, the CHRO will promptly return it to the complainant and specify the defect. If the sole defect is that the Formal Complaint was filed outside the applicable proscribed timeline, the CHRO will handle the matter as an informal complaint. Oversight of Complaint Procedure: The CHRO is the "responsible District officer" charged with receiving complaints of discrimination or harassment, and coordinating their investigation. The actual investigation of complaints may be assigned by Keith Snow-Flamer to other staff or to outside persons or organizations under contract with the District. This shall occur whenever the CHRO is named in the complaint or implicated by the allegations in the complaint. Who May File a Complaint: Any student, employee, or third party who believes he/she has been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy. Where to File a Complaint: A student, employee, or third party who believes he/she has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing. If a complainant decides to file a formal written unlawful discrimination or harassment complaint against the District, he/she must file the complaint on a form prescribed by the State Chancellor’s Office. These approved forms are available from the CHRO and at the State Chancellor’s website. The completed form must be filed with any of the following: • Chief Instructional Officer/Chief Student Services Officer, Chief Human Resources Officer and CEO; or • the State Chancellor’s Office. Employment-Related Complaints Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). Complaints filed with the EEOC or the DFEH should be forwarded to the State Chancellor’s Office. Any District employee who receives a harassment or discrimination complaint shall notify the CHRO immediately. Filing a Timely Complaint: Since failure to report harassment and discrimination impedes the District’s ability to stop the behavior, the District strongly encourages anyone who believes they are being harassed or discriminated against, to file a complaint. The District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the District’s ability to investigate and remediate. All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation. The District will investigate complaints involving acts that occur off campus if they are related to an academic or work activity. Communicating that the Conduct is Unwelcome: The District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste or inappropriate. Intake and Processing of the Complaint: Upon receiving notification of a harassment or discrimination complaint, the CHRO shall: • Undertake efforts to informally resolve the charges, including but not limited to mediation, rearrangement of work/academic schedules; obtaining apologies; providing informal counseling, training, etc. • Advise the complainant that he/she need not participate in an informal resolution of the complaint, as described above, and has the right to end the informal resolution process at any time. Mediation is not appropriate for resolving incidents involving sexual violence. • Advise a student complainant that he/she may file a complaint with the Office of Civil Rights of the U.S. Department of Education and employee complainants may file a complaint with the Department of Fair Employment and Housing. All complainants should be advised that they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. The District must investigate even if the complainant files a complaint with local law enforcement. In addition, the District should ensure that complainants are aware of any available resources, such as counseling, health, and mental health services. The CHRO shall also notify the State Chancellor’s Office of the complaint. • Take interim steps to protect a complainant from coming into contact with an accused individual, especially if the complainant is a victim of sexual violence. The CHRO should notify the complainant of his/her options to avoid contact with the accused individual and allow students to change academic situations as appropriate. For instance, the District may prohibit the accused individual from having any contact with the complainant pending the results of the investigation. When taking steps to separate the complainant and accused individual, the District shall minimize the burden on the complainant. For example, it is not appropriate to remove complainants from classes or housing while allowing accused individuals to remain. Investigation The CHRO shall: • Authorize the investigation of the complaint, and supervise or conduct a thorough, prompt and impartial investigation of the complaint, as set forth below. Where complainants opt for informal resolution, the designated officer will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. In the case of a formal complaint, the investigation will include interviews with the complainant, the accused, and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct. • Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred. Investigation of the Complaint: The District shall promptly investigate every complaint of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities, on a District bus, or at a class or training program sponsored by the District at another location. As set forth above, where the complainant opts for an informal resolution, the CHRO] may limit the scope of the investigation, as appropriate. The District will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the District may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant’s age; whether there have been other harassment complaints about the same individual; and the accused individual’s rights to receive information about the allegations if the information is maintained by the District as an “education record” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S. Code Section 1232g; 34 Code Federal Regulations Part 99.15. The District will inform the complainant if it cannot maintain confidentiality. Investigation Steps: The District will fairly and objectively investigate harassment and discrimination complaints. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the District’s grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially. Investigators will use the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the District’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion. When the District evaluates the complaint, it shall do so using a preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the District will decide whether it is more likely than not that discrimination or harassment has occurred. Timeline for Completion: The District will undertake its investigation promptly and swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report within 90 days of the District receiving the complaint. Cooperation Encouraged: All employees are expected to cooperate with a District investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the District to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the District of its obligation to investigate. The District will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. Written Report The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information: • A description of the circumstances giving rise to the Formal Complaint; • A summary of the testimony provided by each witness interviewed by the investigator; • An analysis of relevant evidence collected during the course of the investigation; • A specific finding as to whether there is probable cause to believe that discrimination, harassment, or retaliation occurred with respect to each allegation in the complaint; and • Any other information deemed appropriate by the District. Confidentiality of the Process Investigations are best conducted within a confidential climate. Therefore, the District does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The District will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation and to protect the rights of Accused students and employees during the investigation process and any ensuing discipline. Administrative Determination • In any case not involving employment discrimination, within 90 days of receiving a complaint, the district shall complete its investigation and forward a copy of the investigative report to the State Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor: o The determination of the CEO or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; o A description of actions taken, if any, to prevent similar problems from occurring in the future; o The proposed resolution of the complaint; and o The complainant's right to appeal to the district governing board and the Chancellor. • In any case involving employment discrimination, within 90 days of receiving a complaint, the district shall complete its investigation and forward a copy or summary of the report to the complainant, and written notice setting forth all the following to the complainant: o The determination of the CEO or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; o A description of actions taken, if any, to prevent similar problems from occurring in the future; o The proposed resolution of the complaint; and o The complainant's right to appeal to the district governing board and to file a complaint with Department of Fair Employment and Housing or the U.S Equal Employment Opportunity Commission. Discipline and Corrective Action If harassment, discrimination or retaliation occurred in violation of the policy or procedure, the District shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the complainant might include, but are not limited to: • providing an escort to ensure that the complainant can move safely between classes and activities; • ensuring that the complainant and alleged perpetrator do not attend the same classes or work in the same work area; • preventing offending third parties from entering campus; • providing counseling services or a referral to counseling services; • providing medical services or a referral to medical services; • providing academic support services, such as tutoring; • arranging for a student-complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic record; and • reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined. If the District imposes discipline, the nature of the discipline will not be communicated to the complainant. However, the District may disclose information about the sanction imposed on an individual who was found to have engaged in harassment when the sanction directly relates to the complainant; for example, the District may inform the complainant that the harasser must stay away from the complainant. Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement. The District shall also take reasonable steps to protect the complainant from further harassment, or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation. The District will ensure that complainants and witnesses know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. The District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the District’s ability to investigate and respond effectively to the complaint. If the District cannot take disciplinary action against the accused individual because the complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. Appeals If the District imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision. If the complainant is not satisfied with the results of the administrative determination, he/she may, within fifteen days, submit a written appeal to the Board of Trustees. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the complainant and to the State Chancellor’s Office. The complainant shall also be notified of his/her right to appeal this decision. If the Board does not act within 45 days the administrative determination shall be deemed approved and shall become the final decision of the District in the matter. In any case not involving workplace discrimination, harassment, or retaliation, the complainant shall have the right to file a written appeal with the State Chancellor’s Office within thirty days after the Board issued the final District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Title 5 Section 59350. In any case involving employment discrimination, including workplace harassment, the complainant may, at any time before or after the issuance of the final decision of the District, file a complaint with the Department of Fair Employment and Housing. Extension of Time Within 150 days of receiving a formal complaint, the District shall forward to the State Chancellor’s Office the original complaint, the investigative report, a copy of the written notice to the complainant setting forth the results of the investigation, a copy of the final administrative decision rendered by the Board or indicating the date upon which the decision became final, and a copy of the notification to the complainant of his/her appeal rights. If, due to circumstances beyond its control, the District is unable to comply with the 150-day deadline for submission of materials, it may file a written request for an extension of time no later than ten days prior to the expiration of the deadline. File Retention The District will retain on file for a period of at least three years after closing the case copies of: • the original complaint; • the investigatory report; • the summary of the report if one is prepared; • the notice provided to the complainant, of the District’s administrative determination and his/her right to appeal; • any appeal; and • the District’s final decision. The District will make such documents available to the State Chancellor upon request. Dissemination of Policy and Procedures District Policy and Procedures related to harassment will include information that specifically addresses sexual violence. District policy and procedures will be provided to all students, faculty members, members of the administrative staff and members of the support staff, and will be posted on campus and on the District’s website. When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee’s personnel file. In addition, these policies and procedures are incorporated into the District's course catalogs and orientation materials for new students. Training By January 1, 2006, the District shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005. All new supervisory employees must be provided with the training and education within six months of their assumption of a supervisory position. After January 1, 2006, the District shall provide sexual harassment training and education to each supervisory employee once every two years. The training and education required by this procedure shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Training of all staff will be conducted. This includes counselors, faculty, health personnel, law enforcement officers, coaches, and all staff who regularly interact with students. Training for academic staff should emphasize environmental harassment in the classroom. The District will also provide training to students who lead student organizations. The District should provide copies of the sexual harassment policies and training to all District law enforcement unit employees regarding the grievance procedures and any other procedures used for investigating reports of sexual violence. In years in which a substantive policy or procedural change has occurred, all District employees will attend a training update or receive a copy of the revised policies and procedures. Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and the District’s potential liability, or that they did not understand the policy and desire further training. Education and Prevention for Students In order to take proactive measures to prevent sexual harassment and violence toward students, the District will provide preventive education programs and make victim resources, including comprehensive victim services, available. The District will include such programs in their orientation programs for new students, and in training for student athletes and coaches. These programs will include discussion of what constitutes sexual harassment and sexual violence, the District’s policies and disciplinary procedures, and the consequences of violating these policies. A training program or informational services will be made available to all students at least once annually. The education programs will also include information aimed at encouraging students to report incidents of sexual violence to the appropriate District and law enforcement authorities. Since victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of District or campus rules were involved, the District will inform students that the primary concern is for student safety and that use of alcohol or drugs never makes the victim at fault for sexual violence. If other rules are violated, the District will address such violations separately from an allegation of sexual violence. References: Education Code Section 66281.5; Government Code Section 12950.1; Title 5 Sections 59320, 59324, 59326, 59328, and 59300 et seq.; 34 Code of Federal Regulations Section 106.8(b) Recommend Sunsetting REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3503 CAMPUS VISITORS The Board desires to inform members of the general public about behavioral standards that apply to visitors when they are on District property. Therefore, the Board directs the Administration to develop regulations and guidelines for campus visitors in accordance with applicable legal requirements. The Administrative Regulation will apply to persons on District property who are not students or employees of the District. See Administrative Regulation #826.01 Reference: Penal Code Sections 626.6, 626.7, 626.8. Adopted by Board of Trustees: 5/3/05 Recommend Sunsetting REDWOODS COMMUNITY COLLEGE DISTRICT Procedure AP 3503 Administrative CAMPUS VISITORS Campus Visitor Defined Any individual who is not currently a registered student in the District or who is not required by his/her status as an employee of the Redwoods Community College District to be on the campus or in any other facility owned, operated, or controlled by the Board of Trustees shall be considered in this and other sections of the Board policies/procedures to be a campus visitor. Activities of Campus Visitors 1 Any visitor may attend a college event or activity which is defined as open to the public. 2 No visitor to any campus or instructional site within the District shall attend a college activity limited to enrolled students or college personnel without prior approval of the District President/Superintendent or his/her representative(s). 3 Campus visitors wishing to access the materials or services of the Learning Resource Center or the libraries at any of the Districts other instructional locations, will be required to obtain a picture identification card, which is issued at each site that has library facilities or services. 4 Campus visitors who are visiting students living in the College Residence Halls are subject to the stipulations for guests that are defined in the Residence Halls “Community Guidelines.” 5 All rules of conduct set forth in the District’s Student Code of Conduct and Discipline, are applicable to the conduct of any visitor, and violation of said rules of conduct will constitute grounds for the President/Superintendent of the District to order the visitor to leave the campus pursuant to this policy. Visitors who Disrupt Whenever a campus visitor enters a campus of facility of the District and it reasonably appears to the President/Superintendent of his/her designated representative(s) that such person is committing an act likely to interfere with the peaceful conduct of the activities of the campus or facility or has entered the campus or facility for the purpose of committing such an act, the President/Superintendent or his/her designated representative(s) may direct such person to leave such campus or facility. If the person fails to do so, or if the person willfully and knowingly reenters the campus or facility within 72 hours after being directed to leave, he/she is guilty of a misdemeanor. For purposes of this procedure, the Campus Vice President at the Del Norte and Mendocino Coast campuses will be considered the President/Superintendent’s representative at those sites. Reference: Penal code sections 626.6, 626.7, 626.8 Approved by the Board of Trustees May 3, 2005 Recommend Sunsetting REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 3508 DOMESTIC ANIMALS In the interest of public health and safety, no domestic animals or livestock (including dogs and cats) shall be permitted on school grounds, in classrooms, or in buildings. Exceptions animals used in an instructional program of the college or certified for services to assist the disabled, and under the control of the owner. References: Education Code Section 70902, California Penal Code Section 365.5, California Vehicle Code Section 21113(a) Recommend Sunsetting REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3508 DOMESTIC ANIMALS It is a misdemeanor to allow any animal to trespass upon public property without consent. Further, lost and stray animals, and animals left unattended in vehicles will be referred to Humboldt County Animal Control for removal. First offenders will be warned and directed to remove the animals from the college grounds. Those who commit subsequent offenses will be charged with a misdemeanor, fined, and referred to the appropriate college official for disciplinary action. Adopted by the Board of Trustees: November 4, 1991 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 3570 Number Update only from Board of Trustees Policy No. 804/510 SMOKING To enforce smoking and tobacco control regulations and procedures, the Chief Executive Officer is authorized to: • • • • Set enforcement standards for all District sites and campuses/sites; Impose a fine for a first, second, and third offense and for each subsequent offense. The amount of fines is to be determined by the Board, cannot exceed one hundred dollars ($100). Direct that the District post signs stating its tobacco use policy on campus, as follows: o the locations at which smoking or tobacco use is prohibited on campus o the locations at which smoking or tobacco use is permitted on campus Inform employees and students of the tobacco use policy and enforcement measures For the purposes of this policy, smoking shall mean all uses of tobacco, including but not limited to cigar smoking, cigarette smoking, pipe smoking, and chewing tobacco. In order to protect students and staff who choose not to smoke from an unhealthy environment, the Board prohibits smoking within buildings or facilities owned or leased by the District. Smoking is not allowed except in designated smoking areas and campus parking lots which are at least twenty-five feet from buildings. These designated areas will be clearly marked as “Smoking Areas” and are noted on campus maps. All other smoking and tobacco use in and on College of the Redwoods is expressly prohibited. Furthermore, smoking is not allowed in college owned or leased vehicles. Violators will be subject to appropriate disciplinary action. Tobacco and related products will not be sold or promoted on any other campus of the District. Former Board of Trustees Policy No. 804/510, number change only on June 5, 2012 Adopted by Board of Trustees: December 19, 1977 Amended: June 1, 1987 ; May 2, 1994 ; October 9, 1995 , June 1, 2004 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3570 Number Update only from Administrative Regulation No. 804.01/510.01 SMOKING ON CAMPUS The Board prohibits smoking and other tobacco use by individuals except in designated areas. Smoking is permitted in designated smoking areas and in campus parking lots. Faculty enforcements of the “No Smoking” regulation in classrooms is required. Smoking is not allowed except in designated smoking areas and campus parking lots which are at least twenty-five feet from buildings. Smoking is prohibited inside any indoor area of any campus building, except for designated smoking areas lots and residential space. These designated areas will be clearly marked as “Smoking Areas” and are noted on campus maps. All other smoking and tobacco use in and on College of the Redwoods is expressly prohibited. Furthermore, smoking is not allowed in college owned or leased vehicles. “Residential space” means a private living area, but does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multi-complex building such as a dormitory. Smoking is prohibited in any enclosed place of employment on campus, including lobbies, lounges, waiting areas, stairwells, and restrooms that are a structural part of any building that is a place of employment. Former Administrative Regulation No. 804.01/510.01, number change only on June 5, 2012 Approved by Board of Trustees June 1, 1987 Revised: May 2, 1994 , June 1, 2004 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 3720 Number Update only from Board of Trustees Policy No. 824 USE OF INFORMATION RESOURCES COMPUTER AND NETWORK USE The Administration will establish regulations that define acceptable uses of College information resources. These regulations shall address such uses as copyrights and licenses, integrity of information resources, unauthorized access, privacy, and political, personal, Internet, and commercial use. Among the information resources to be included are microcomputers, computer systems, networks, message systems, facsimile machines, copy machines, telephones, Web Pages, and the Internet. The primary users of these resources are students, faculty, and staff. Unacceptable use is prohibited and may be grounds for loss of computing privileges, as well as discipline and/or legal sanctions under federal, state, and local law. Employees and students who use District computers and networks and the information they contain, and related resources have a responsibility not to abuse those resources and to respect the rights of others. The Chief Executive Officer shall establish procedures that provide guidelines to students and staff for the appropriate use of information technologies. The procedures shall include that users must respect software copyrights and licenses, respect the integrity of computer-based information resources, refrain from seeking to gain unauthorized access, and respect the rights of other computer users. References: Education Code Section 70902; Government Code Section 3543.1(b); Penal Code Section 502; Cal. Const., Art. 1 Section 1; 17 U.S. Code Sections 101 et seq. Former Board of Trustees Policy No. 824, number update only on June 5, 2012 Adopted, Board of Trustees: April 6, 1998 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3720 Number Update only from Administrative Regulation No. 824.01 USE OF INFORMATION RESOURCES COMPUTER AND NETWORK USE The District Computer and Network systems are the sole property of Redwoods Community College District. They may not be used by any person without the proper authorization of the District. The Computer and Network systems are for District instructional and work related purposes only. This procedure applies to all District students, faculty, and staff and to others granted use of District information resources. This procedure refers to all District information resources whether individually controlled or shared, stand-alone or networked. It applies to all computer and computer communication facilities owned, leased, operated, or contracted by the District. This includes personal computers, workstations, mainframes, minicomputers, and associated peripherals, software and information resources, regardless of whether used for administration, research, teaching, or other purposes. Conditions of Use Individual units within the District may define additional conditions of use for information resources under their control. These statements must be consistent with this overall procedure but may provide additional detail, guidelines, or restrictions. Legal Process This procedure exists within the framework of the District Board Policy and state and federal laws. A user of District information resources who is found to have violated any of these policies will be subject to disciplinary action up to and including but not limited to loss of information resources privileges; disciplinary suspension or termination from employment or expulsion; or civil or criminal legal action. The following regulations are established to define acceptable uses of district records and information resources, which include microcomputers, computer systems, networks, message systems, facsimile machines, copy machines, telephones, Web pages, and the Internet. The primary users of these resources are students, faculty, and staff, although some resources are available to the general public at the district's Learning Resource Center (LRC) or in the form of publicly accessible district Web pages. A. Copyrights and Licenses. Computer users must respect the legal protection of copyright and license agreements for software, data, and other online information. 1 Copying. Software protected by copyright must not be copied except as specifically stipulated by the owner of the copyright or as otherwise permitted by copyright law. Protected software may not be copied into, from, or by any district facility or system, except pursuant to a valid license or as otherwise permitted by copyright law. 2 Number of Concurrent Users. Software license agreements must be respected and strictly followed in every case. If a software license is based on concurrent use, then the number and distribution of copies must be handled in such a way that the number of concurrent users does not exceed the number licensed by the district. 3 Copyrights. In addition to software, all other copyrighted information (text, images, icons, programs, etc.) retrieved from computer or network resources must be used in conformance with applicable copyright and other law. Copied material must be properly attributed. Plagiarism of computer information is subject to the same sanctions that apply to plagiarism in any other media. B. Integrity of Information Resources. Users must respect the integrity of information resources; for example, users shall not intentionally use computer resources in a wasteful or inappropriate manner or develop computer programs that harass other users or infiltrate a computer or system and/or damage or alter the software components of a computer or system. 1. Modification or Removal of Equipment. Computer users must not attempt to modify or remove district computer equipment, software, or peripherals without proper authorization. 2. Installation of Equipment. In order to ensure proper configuration and safeguard network security and performance, no computers or printers may be attached to the district's network or telephone lines except by means of a Work Request submitted to the Information Technology Technical Support Services group (or appropriate system administrator at a particular site). The only exceptions to the foregoing are the following: a. Day-use placement of personal laptop computers within specifically posted areas in the district's libraries, LRC, or other designated sites (in which case local dial-tone service, for access to existing local ISP accounts, shall be offered rather than direct connection to the district's network); and b. Temporary connection of specific sets of district-owned and controlled computers to specific district wireless network access points intended to support those computers. Any unauthorized installation of general network access devices, such as routers, hubs, sniffers, or wireless access points is strictly prohibited and constitutes a serious breach of student or employee conduct. 3. Encroaching on Others' Access and Use. Computer users must not encroach on others' access and use of the district's computers. This includes, but is not limited to: the sending of excessive messages or chain letters, either locally or off-campus; printing excess copies of documents, files, data, or programs; unauthorized modification of system facilities, operating systems, programs, or data; attempting to crash or otherwise make unavailable a district computer or network; and damaging or vandalizing district computing facilities, equipment, cabling, software, or computer files. 4. Unauthorized, Destructive, or Resource-sharing Programs. Computer users must not intentionally develop or use programs that disrupt other computer users or that attempt to access private or restricted portions of the system and/or damage the software or hardware components of the system. Computer users must take all reasonable precautions to ensure that they do not acquire or propagate "malware" agents, including viruses, trojans, or worms, which interfere with other computer users or which compromise the integrity or operation of the district's computing network in part or in whole. Also, unless explicitly authorized by a district official, the use of any district network or computers for resource-sharing, in conjunction with or on behalf of outside parties, is forbidden. Some examples of such disallowed resource-sharing include peer-topeer file sharing (e.g., Kazaa or Napster), CPU sharing (e.g., "SETI @ home"), or other externally accessible services (e.g., unauthorized deployment of Web servers, mail servers, or streaming-media servers). Unauthorized services or protocols may be blocked at network gateways or firewalls at the district's discretion. The use of any unauthorized or destructive program, service, or outside connection may result in legal civil action for damages or other punitive action by any injured party, including the district, as well as criminal action. 5. computers for any use other than that permitted by the lab instructor's directives or by lab, library, or LRC policies. In particular, actions that are disruptive of instruction-such as the use of external e-mail services or accounts, Instant Messaging or similar chat mechanisms, and non-instruction-related Web browsing--are not permitted in labs during class sessions unless explicitly authorized by the lab instructor. C. Unauthorized Access. Computer users must refrain from seeking to gain unauthorized access to information resources or enabling unauthorized access. 1 Abuse of Computing Privileges. Users of district information resources must not deploy any programs or techniques intended to gain for themselves or others access to or control over system resources for which they have not been officially authorized. Computer users must not use a computer account that they are not authorized to use, must not mask the identity of any login account or machine that they use, and must not engage in any action intended to cause a disruption or "denial of service" to any computer or system belonging either to the district or to outside parties. Unauthorized access or destructive actions directed at outside networks or computer systems using district resources will be treated as an abuse of district computing privileges. Use of a district computer resource in an attempt to misrepresent oneself as another party or as an agent of the district is forbidden. 2 Reporting Problems. Any malfunctioning computer work station must be reported to the appropriate authority at that location, such as a lab instructor, lab monitor, or library assistant. Users must not attempt to repair malfunctioning equipment except as part of a class lesson under the supervision of an instructor or instructional assistant. Any defects discovered in system accounting or system security must be reported to the appropriate system administrator so that steps can be taken to investigate and solve the problem. Users who suspect that their district-provided computers or network accounts have been accessed without their permission are expected to change their passwords and must report the suspected activity to a district official. 3 Password Protection. Responsible use includes choosing passwords that are not identical to the user's logon ID or otherwise easily deduced by others. A computer user who has been authorized to use a password-protected account may be subject to civil and criminal liability, and/or employee discipline, if the user discloses the password or otherwise makes the account available to others without permission of the administrator who made the authorization. Users should be aware that outsiders may attempt to impersonate administrators and technicians in an attempt to obtain users' passwords. Users must, therefore, require appropriate, verifiable identification from anyone asking them to divulge their password. D. Privacy. Computer users must respect the privacy of other computer users. An attempt to circumvent mechanisms and systems to gain unauthorized access to any system or to private information is a violation of district policy and may violate applicable laws. Although the district will attempt to protect the privacy of individual user's data and files, authorized system administrators may obtain access to computer users' files, including electronic mail, as necessary to service or troubleshoot network issues, as part of monitoring network traffic flows, or to investigate suspected violations of this policy, including unlawful activity. System administrators will report suspected unlawful or improper activities to the proper district administrator or legal officials. 1 Unlawful Messages. Electronic communication facilities (such as mail, voice, or systems with similar functions) are intended for legitimate district-related activities only. System users are prohibited from sending fraudulent, harassing, obscene, threatening, or abusive messages and are cautioned that such messages may violate applicable federal, state, or local laws as well as the district's Student Code of Conduct (Administrative Regulation 505.01). All message systems are available for review by authorized institutional representatives in the event that violations of this policy are suspected. 2 E-mail Lists. Users must respect the purpose and charters of computer mailing lists. The user of an electronic mailing list is responsible for determining the purpose of the list before sending messages to or receiving messages from the list. Subscribers to an electronic mailing list will be viewed as having solicited any material delivered by the list as long as that material is consistent with the purpose of the list. Persons sending to a mailing list any materials that are not consistent with the purpose of the list will be viewed as having sent unsolicited material. 3 Advertisements. In general, the district's electronic communication facilities should not be used to transmit commercial or personal advertisements, solicitations, or promotions (See Section E.5, Commercial Use, below). 4 Information Belonging to Others. Users must not intentionally seek or provide information on, obtain copies of, or modify data files, programs, or passwords belonging to other users without the permission of those other users. 5 Confidentiality. The district does not exist in isolation from other communities and jurisdictions and their laws. Under some circumstances, as a result of investigations, subpoena, or lawsuits, the district may be required by law to provide electronic or other records or information relating to use of information resources. 6 Electronic Communications Privacy. While reasonable attempts are made to ensure the privacy of electronic communication, including electronic mail, there is no guarantee that these communications are private. Messages sent over the Internet may be intercepted or divulged by various means, including actions of external senders or recipients. In addition, as noted at the beginning of this section (Section D, Privacy), routine system operations as well as the investigation of policy violations or crimes may result in the divulging of e-mail messages. E. Political, Personal, Internet, Web-page, and Commercial Use. The district is subject to specific federal, state and local laws regarding sources of income, use of real estate, and similar matters. It also is a contractor with government and other entities and thus must assure proper use of property under its control and allocation of overhead and similar costs. 1 Political Use. The district information resources must not be used for partisan political activities where prohibited by federal, state, or other applicable laws, and may be used for other political activities only when in compliance with federal, state, and other laws and in compliance with applicable district policies. 2 Personal Use. The district information resources should not be used for personal or private activities not related to appropriate district functions, except in an incidental manner. Any such incidental use must not violate any other portion of this policy. In the case of limited resources, such as a limited number of computers in a library where students are waiting, educational purposes must always be given precedence over personal use. 3 Internet Use. The use of district resources to access the Internet is a privilege and not a right. The Internet and its resources are provided to support educational activities, including skills acquisition, research, and academic inquiry. Use of computer resources to access the Internet must comply with all aspects of this policy. 4 Web-page Use. The district may provide resources to students and faculty for the development of Internet Web content in connection with specific instructional activities. All student-, faculty-, or staff-developed Web pages must conform to copyright laws, relevant local, state, and federal laws, and these and other district guidelines and policies. 5 Commercial Use. The district information resources must not be used for commercial purposes except as permitted under other written policies of the district or with the written approval of a district officer having the authority to give such approval. Any such commercial use must be properly related to district activities, take into account proper cost allocations for government and other overhead determinations, and provide for appropriate reimbursement to the district for taxes and other costs the district may incur by reason of the commercial use. Users also are reminded that the district's ".edu" domain on the Internet has rules restricting or prohibiting commercial use. F. Prohibition Against Creation of a Hostile Work or Learning Environment. In conjunction with the values of free speech and academic freedom, the district is committed to inclusiveness and diversity, reflecting respect for the wide-ranging diversity of its population as well as for a diversity of good-faith opinions and views. In light of that commitment, district information resources must not be intentionally used to transmit, receive, store, or print material that is explicitly threatening, obscene, disruptive, or otherwise belittling or intolerant of others, to the degree that it could thereby be construed as contributing to the creation of a hostile work or learning environment. G. Employee Responsibilities Related to Student Records, Including Electronic Records. Employees of the district who have access to electronic student records must be aware of and comply with the district regulations regarding the privacy of student records (specifically including AR 506.01, Student Records). Compliance with these regulations includes, but is not limited to: 1. 2. 3. 4. Maintaining security of records and information. Maintaining appropriate privacy of records. Avoiding inappropriate discussion of student records. Destroying and/or deleting records when appropriate. H. Violations. Violation of regulations regarding the use of information resources and/or regulations related to student records is grounds for imposing disciplinary action up to and including expulsion, dismissal from employment, and/or legal action. Former Administrative Regulation No. 824.01, number change only on June 5, 2012 Approved: April 6, 1998 Revised: 11/5/02; 6/3/03 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy DRAFT BP 3810 Number change only from Board of Trustees Policy No.825 CLAIMS AGAINST THE DISTRICT Any claims against the District for money or damages, which are not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title I, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code. Claims must be presented according to this policy and related procedures as a prerequisite to filing suit against the District. Claims that are subject to the requirements of this policy include, but are not limited to, the following: • Claims by public entities: claims by the state or by a state department or agency or by another public entity. • Claims for fees, wages, and allowances: claims for fees, salaries or wages, mileage, or other expenses and allowances. The designated place for service of claims, lawsuits, or other types of legal process upon the District is: Redwoods Community College District 7351 Tompkins Hill Road Eureka , CA 95501-9300 Attention: President/Superintendent References: Education Code Section 72502 and Government Code Sections 900 et seq.; 910 Former Board of Trustees Policy No. 825, number change only on June 5, 2012 Adopted by the Board of Trustees: 11/4/03 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy Proposed BP 1200 District Mission College of the Redwoods puts student success first by providing accessible and relevant outstanding developmental, career technical, and transfer education enhanced by targeted instructional support strategies. The College partners with the community to contribute to the economic vitality and lifelong learning needs of its service area. We The College continually assesses student learning and institutional performance and practices to embrace diversity, healthy community environment and improve upon the programs and services we offer, all to promote student learning. Reference: ACCJC Standard I.A Adopted: August 15, 1977 Amended: July 12, 2011 Amended: REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7387 PRE-RETIREMENT REDUCTION OF WORKLOAD A reduced workload leave of absence may be granted to regular employees who wish to reduce their workload from full-time to part-time duties in accordance with Education Code and Government Code. The President/Superintendent shall establish procedures for employees who wish to participate in a reduced workload as authorized by law, PERS, STRS, and any collective bargaining agreements entered into by the District. Reference: Education Code Sections 22713; 44922; 45139; 87483; 88038; 89516; and Government Code Sections 20815; 20900; 20905; and 53201. Approved: NEW REDUCED WORKLOAD PROGRAM Initiation of Request: The option of reduced-load employment must be exercised at the timely request of the employee and by the mutual consent of the District. Eligibility Requirements: A. The member must have reached the age of 55 prior to reduction in workload. The member's last year of eligibility is the year of his/her 70th birthday. B. The member must have been employed in a full-time position requiring certification for at least ten years, of which the immediately preceding five years were full-time employment. For purposes of the Reduced Workload Program, a member of the State Teacher's Retirement System is considered to have been employed full-time if there was as agreement between the member and the employer to perform service equal to that required by the governing board of other full-time employees in similar grades and positions to receive a full-time compensation for each day the schools of the district were maintained during the school year. On-the-job performance is not required. As long as there was an agreement to perform full-time service at the beginning of the school year, the employee will still be considered as being employed full-time if he or she is unavoidably absent due to illness, bereavement, etc., during the school year. Sabbaticals and other approved leaves do not constitute a break in service. Such leave, however, is 1 not used to compute the five years' full-time service requirement prior to entering the program. C. The certificated member in community colleges who is a participant in good standing in the State Teachers' Retirement System may hold any position. Participation Requirements: A. The minimum Reduced Workload employment shall be the equivalent of at least half Of the number of days of service required by the contract of employment during the last year served in a full-time certificated position. This requirement can be met in many different ways. The employee can work at least 1/2 time for the complete year; full-time for at least 1/2 year, etc. The measurement of full and half workload will be by Teacher Load Units (TLU). B. The member shall be paid a salary that is the pro rata share of the salary that would have been earned had the member not elected to enter the Reduced Workload Program. The salary received must be at least half the salary the member would have earned on a fulltime basis. If the member is paid less than half of the full-time salary, the minimum participation requirement will not have been met. It is mandatory that both the minimum salary and minimum employment requirements are met. If the member has a contract requiring more or actually serves more than half time, but is not paid at least half fulltime salary, the participation requirements will not have been met and the member will not be entitled to a full year of service credit. All contracts will be written to provide for more work than half time so that the member who takes an unanticipated leave for bereavement, illness, etc., and is docked, will still meet the minimum equivalent of half the number of days and be paid at least half salary. If this cannot be done, the member must make up any days docked in the same school year if the participation requirements are to be met. C. The employer and employee must contribute to the STRS 12.50% and 8%, respectively, of the full-time compensation the employee would have earned if employed on a fulltime basis. D. The employee cannot participate in the plan for more than five years or beyond the year in which the 70th birthday falls, whichever comes first. During the period of participation, the employee is entitled to all other rights and benefits for which payments are made that would be required if employed full-time, including health benefits as provided in Section 53201 of the Government Code. The employee failing to meet any of the above requirements will receive only that service credit based on the ratio of earnings to earnable salary, and will not receive the service credit that would have been received if employed on a full-time basis. Administrative Requirements: 2 A. The agreement or contract must be executed by the employer and member, in writing, and submitted to the State Teachers' Retirement System through the County Superintendent of Schools to arrive at STRS at least 15 days prior to the participation in the Reduced Workload Program at the beginning of the school year or before the beginning of the second half of the school year, if only the second half is to be considered Reduced Workload service. B. The participant must be identified and reported to STRS in accordance with the County/District Procedures Manual instructions. C. Contributions for the participant and employer must be submitted to STRS based on the amount the participant would have earned if employed on a full-time basis regardless of the schedule of employment. Former Board of Trustees Policy No. 336, number change only on August 7, 2012 Adopted by Board of Trustees: February 2, 1982 Revised: August 5, 1985 3 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7387-P PRE-RETIREMENT REDUCTION OF WORKLOAD FOR PERS MEMBERS ELIGIBILITY REQUIREMENTS: 1. The employee must be a member of the Public Employees Retirement System (PERS. 2. The employee must have reached the age of 55 prior to the reduction in workload and may not participate beyond the age of 70. 3. The employee must have 10 years of full-time service and the immediately preceding five years must be without a break in service. 4. Transfer to the reduced work time is optional to the employee and termination from the program requires the employee and employer consent. 5. Salary shall be a pro-rata share of the active salary that would have been earned had the employee not elected to enter the pre-retirement reduction of workload program. 6. During the reduced workload period, no benefit entitlements shall be lost, including health, survivor benefits, disability benefits, and retirement. 7. The minimum part-time employment level must be 50% of the employee’s previous fulltime employment. 8. Participation in this pre-retirement reduction of workload program shall not exceed five years, nor extend beyond the end of the school year during which the employee reaches the age of 70. EMPLOYEE/EMPLOYER OBLIGATIONS: 1. Notification dates: An employee requesting participation in the pre-retirement reduction of workload program must apply at least 120 days in advance of the period of reduced load or at a later time based on mutual consent of the District, Employee, and any representative bargaining unit, if applicable. a. The request must be initiated by the employee and forwarded through the supervisor to the appropriate senior administrator. b. Final approval of employee participation shall be obtained by the Board of Trustees through the monthly board personnel action report. 2. The employee shall pay member contributions based on the full-time earnings reported by Payroll. This will result in full service credit and benefits based on full salary levels. 3. The payroll office shall: a. Verify eligibility of the employee and maintain the necessary records to identify the employees involved in the program. b. Report to PERS employees under the reduced worktime program as if they had worked full time (i.e., report the pay rate and earnings the employee would receive if he/she works full time). 4. Unless otherwise provided through a collective bargaining agreement, the District reserves the right to deny granting a pre-retirement reduction of workload if doing so 1 would create unusual or difficult staffing problems. A denial of participation in the program shall only be temporary and the employee may reapply for the program within the request timelines for a later date. Reference: Education Code Sections 22713; 44922; 45139; 87483; 88038; 89516; and Government Code Sections 20815; 20900; 20905; and 53201. Approved: 2 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7387-S PRE-RETIREMENT REDUCTION OF WORKLOAD FOR STRS MEMBERS ELIGIBILITY REQUIREMENTS: 1. The employee must be a member of the State Teachers Retirement System (STRS). 2. The employee must have reached the age of 55 prior to the reduction in workload and may not participate beyond the age of 70. 3. The employee must have 10 years of full-time service and the immediately preceding five years must be without a break in service. 4. Transfer to the reduced work time is optional to the employee and termination from the program requires the employee and employer consent. 5. Salary shall be a pro-rata share of the active salary that would have been earned had the employee not elected to enter the pre-retirement reduction of workload program. 6. During the reduced workload period, no benefit entitlements shall be lost, including health, survivor benefits, disability benefits, and retirement. 7. The minimum part-time employment level must be 50% of the employee’s previous fulltime employment. 8. Participation in this pre-retirement reduction of workload program shall not exceed five years, nor extend beyond the end of the school year during which the employee reaches the age of 70. 9. Sabbaticals and other approved leaves do not constitute a break in service, however, such leaves are not used to compute the five-years full-time service requirement prior to entering the program. EMPLOYEE/EMPLOYER OBLIGATIONS: 1. Notification dates: An employee requesting participation in the pre-retirement reduction of workload program must apply at least 120 days in advance of the period of reduced load or at a later time based on mutual consent of the District, Employee, and any representative bargaining unit, if applicable. a. The request must be initiated by the employee and forwarded through the supervisor to the appropriate senior administrator. b. Final approval of employee participation shall be obtained by the Board of Trustees through the monthly board personnel action report. 2. The employee shall pay member contributions based on the full-time earnings reported by Payroll. This will result in full service credit and benefits based on full salary levels. 1 3. The payroll office shall: a. Verify eligibility of the employee and maintain the necessary records to identify the employees involved in the program. b. Report to STRS employees under the reduced worktime program as if they had worked full time (i.e., report the pay rate and earnings the employee would receive if he/she works full time). 4. Participation in the program must be for a full academic year, however, the 50% reduction may take place over the whole academic year or full time in one semester and complete leave in the other semester. 5. Unless otherwise provided through a collective bargaining agreement, the District reserves the right to deny granting a pre-retirement reduction of workload if doing so would create unusual or difficult staffing problems. A denial of participation in the program shall only be temporary and the employee may reapply for the program within the request timelines for a later date. Reference: Education Code Sections 22713; 44922; 45139; 87483; 88038; 89516; and Government Code Sections 20815; 20900; 20905; and 53201. Approved: REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7387 Number Update only from Board of Trustees Policy No. 336 REDUCED WORKLOAD PROGRAM Initiation of Request: The option of reduced-load employment must be exercised at the timely request of the employee and by the mutual consent of the District. Eligibility Requirements: A. The member must have reached the age of 55 prior to reduction in workload. The member's last year of eligibility is the year of his/her 70th birthday. B. The member must have been employed in a full-time position requiring certification for at least ten years, of which the immediately preceding five years were full-time employment. For purposes of the Reduced Workload Program, a member of the State 2 Teacher's Retirement System is considered to have been employed full-time if there was as agreement between the member and the employer to perform service equal to that required by the governing board of other full-time employees in similar grades and positions to receive a full-time compensation for each day the schools of the district were maintained during the school year. On-the-job performance is not required. As long as there was an agreement to perform full-time service at the beginning of the school year, the employee will still be considered as being employed full-time if he or she is unavoidably absent due to illness, bereavement, etc., during the school year. Sabbaticals and other approved leaves do not constitute a break in service. Such leave, however, is not used to compute the five years' full-time service requirement prior to entering the program. C. The certificated member in community colleges who is a participant in good standing in the State Teachers' Retirement System may hold any position. Participation Requirements: A. The minimum Reduced Workload employment shall be the equivalent of at least half of the number of days of service required by the contract of employment during the last year served in a full-time certificated position. This requirement can be met in many different ways. The employee can work at least 1/2 time for the complete year; full-time for at least 1/2 year, etc. The measurement of full and half workload will be by Teacher Load Units (TLU). B. The member shall be paid a salary that is the pro rata share of the salary that would have been earned had the member not elected to enter the Reduced Workload Program. The salary received must be at least half the salary the member would have earned on a full­ time basis. If the member is paid less than half of the full-time salary, the minimum participation requirement will not have been met. It is mandatory that both the minimum salary and minimum employment requirements are met. If the member has a contract requiring more or actually serves more than half time, but is not paid at least half full-time salary, the participation requirements will not have been met and the member will not be entitled to a full year of service credit. All contracts will be written to provide for more work than half time so that the member who takes an unanticipated leave for bereavement, illness, etc., and is docked, will still meet the minimum equivalent of half the number of days and be paid at least half salary. If this cannot be done, the member must make up any days docked in the same school year if the participation requirements are to be met. C. The employer and employee must contribute to the STRS 12.50% and 8%, respectively, of the full-time compensation the employee would have earned if employed on a full­ time basis. 3 D. The employee cannot participate in the plan for more than five years or beyond the year in which the 70th birthday falls, whichever comes first. During the period of participation, the employee is entitled to all other rights and benefits for which payments are made that would be required if employed full-time, including health benefits as provided in Section 53201 of the Government Code. The employee failing to meet any of the above requirements will receive only that service credit based on the ratio of earnings to earnable salary, and will not receive the service credit that would have been received if employed on a full-time basis. Administrative Requirements: A. The Agreement or contract must be executed by the employer and member, in writing, and submitted to the State Teachers' Retirement System through the County Superintendent of Schools to arrive at STRS at least 15 days prior to the participation in the Reduced Workload Program at the beginning of the school year or before the beginning of the second half of the school year, if only the second half is to be considered Reduced Workload service. B. The participant must be identified and reported to STRS in accordance with the County/District Procedures Manual instructions. C. Contributions for the participant and employer must be submitted to STRS based on the amount the participant would have earned if employed on a full-time basis regardless of the schedule of employment. Former Board of Trustees Policy No. 336, number change only on August 7, 2012 Adopted by Board of Trustees: February 2, 1982 Revised: August 5, 1985 4 Redwoods Community College District Administrative Procedure AP 3440 SERVICE ANIMALS The Redwoods Community College District District Board Policy addresses the colleges’ compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The following procedures implement Board Policy 5640 with regard to the use of service animals in district facilities and on college campuses. The purpose of these guidelines and procedures is to ensure that individuals with disabilities who have service animals can participate in and benefit from district-wide services, programs, and activities, and to ensure compliance with Title II of the ADA (28 C.F.R. § 36.104) and state antidiscrimination laws. I DEFINITIONS Disability - A disability is a physical or mental impairment that substantially limits one or more major life activities of an individual; a record of having such an impairment, or being regarded as having such an impairment (Title I of the ADA Regulations, 29 C.F.R. § 1630.2 (g)). Handler – A person with a service animal. Service Animal - A service animal is any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items (Title III of the ADA applicable to private entities). While service animals have been traditionally identified as dogs, it should be noted that ADA currently considers dogs or miniature horses to be used as service animals. A service animal is sometimes called an assistance animal. A companion animal used for its calming influence or a domestic pet is not considered to be a service animal. Service Animal Tasks – A service animal may be trained to perform a variety of services depending on the nature of the disability. Examples include, but not limited to: • • • For someone with a visual impairment: obstacle avoidance, signaling changes in elevation, and locating objects. For someone with a hearing impairment: alerting to specific sounds and other tasks such as retrieve unheard dropped objects. For someone with mobility or other health impairment: retrieving, carrying, tugging, pulling, bracing, and calling for emergency help. • • For someone with a seizure disorder: tasks supporting an individual before, during, and after a seizure. For someone with autism: tasks may include alerting the individual of distracting repetitive movements. II. GENERAL RULE REGARDING SERVICE ANIMALS Occasional use of a service animal in district facilities and on District college campuses (i.e., attendance at a concert or special event) may not be challenged except if the use of the animal poses a direct threat to the health or safety of other persons, or if the presence of the service animal will result in a fundamental alteration of the service, program or activity involved. (Title II of the ADA Regulations, 28 C.F.R. § 130 [b] [7]) Enrolled students wishing to be accompanied to class by a service dog on a regular basis as an accommodation are strongly recommended to notify the Disabled Students Programs and Services (DSP&S) Office. Staff may ask: (1) Is the dog a service animal required because of a disability? (2) What work or task has the dog been trained to perform? As a general rule, the colleges will modify policies, practices, and procedures to permit the use of a service animal by an individual with a disability. When appropriate, students may be issued documentation verifying that the animal is a service animal to be used at the college. A person with a disability wishing to be accompanied on campus by a miniature horse should contact the DSP&S office for an assessment for a miniature horse, which will include the following four factors: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. (Title II of the ADA Regulations, 28 C.F.R. 35.136 [i]) III. RESTRICTIONS/AREAS OF SAFETY The District imposes some restrictions on service animals for safety reasons. Restrictions may include but are not limited to nursing and health sciences programs, food services programs, rooms with heavy machinery, custodial closets, areas where protective clothing is required, or areas that can pose a safety risk to the animal. Restrictions are considered individually to determine if the animal poses a possible danger or could be in possible danger and to determine if other reasonable accommodations can be provided to assure the student equal access to the activity. Questions about restrictions on service animals should be directed to the college DSP&S Coordinator, Vice President for Student Support Services CIO/CSSO, or District Human Resources Department Director of Human Resources. IV. RESPONSIBILITIES OF FACULTY, STAFF, AND STUDENTS Members of the college community are responsible for the following: • Allowing a service animal to accompany the partner/handler at all times and in public area on district property. • Not petting a service animal; petting a service animal when the animal is working distracts the animal from the task at hand. • Not feeding a service animal. • Not deliberately provoking a service animal. • Not separating or attempting to separate a partner/handler from his or her service animal. V. RESPONSIBILITIES OF SERVICE ANIMAL HANDLERS An individual with a service animal (handler) is responsible for the following: Ensuring that the animal meets any licensing requirements of the state of California. (The animal must be immunized against diseases common to that type of animal. Dogs are required to wear an owner identification tag, a current rabies tag, and a dog license tag at all times.) California Health and Safety Code Section 121690(a); County Ordinance Section 541-32(a) • For the rabies vaccination and licensing requirement • Generally ensuring that the animal is on a leash at all times. • Controlling the animal at all times. The care and supervision of an animal is solely the responsibility of its handler. • Ensuring that all city ordinances or other laws regarding are followed cleaning up after the animal and dispose of waste. defecates are followed. Individuals with disabilities who physically cannot clean up after their own service animals are not be required to pick up and dispose of waste feces. However these individuals should use marked service animal toileting areas where provided. • Ensuring that the animal behaves properly in public settings. • Ensuring that the animal is in good health. If the animal becomes ill, the handler must remove it from the area and college staff may require it to leave. • Complying with the RCCD district Code of Student Conduct. VI. TEMPORARY EXCLUSION OF SERVICE ANIMALS AND ACCESS ANIMALS A college community member may request the exclusion of a service animal or access animal if he or she believes the handler is not complying with the responsibilities listed above. Such a request should be made to the college DSP&S Coordinator, Vice President for Student Support Services CIO/CSSO, or District Human Resources Department Director of Human Resources. In response to a request, the DSP&S Coordinator, Vice President for Student Support Services CIO/CSSO, or District Human Resources Department Director of Human Resources will: • Inform the handler of the reason that the animal is being asked to leave campus or district facility, investigate the appropriateness of the request, and determine whether the animal should be excluded from the campus or district facility. • If the DSP&S Coordinator, Vice President for Student Support Services CIO/CSSO, or District Human Resources Department Director of Human Resources determines the animal should be excluded he or she must: a) Inform the individual that the Vice President for Student Services CIO/CSSO or District Human Resources Department Director of Human Resources must be contacted before the animal may return to campus. b) Report the incident in writing to the Vice President for Student Services CIO/CSSO or the District Human Resources Department Director of Human Resources at the earliest opportunity. c) In the event of an emergency involving a student’s service animal or access animal, the Vice President for Student Support Services CIO/CSSO and DSP&S Coordinator will consult and work together with the student to resolve the situation. d) An individual who does not agree with the resolution may file a complaint or grievance following the district’s student complaint policy and procedures grievance procedures (BP 5530 & AP 5530) (AR 400.5). VII. CONFLICTING DISABILITIES Students or employees with medical issues that are impacted by animals (such as respiratory diseases) should contact the college DSP&S office or District Human Resources Department if they have a concern about exposure to a service animal or access animal. The individual may be asked to identify his/her disability and need for an accommodation, and would need to comply with all RCCD district procedures regarding accommodations. In consultation with the Vice President for Student Support Services CIO/CSSO, the DSP&S Coordinator and District Human Resources Department Director of Human Resources will facilitate a process to resolve the conflict that considers the conflicting needs/accommodations of all persons involved. VIII. CLARIFYING AN ANIMAL’S STATUS In many cases it is easy to discern whether or not an animal is a service animal by observing the animal’s harness, cape, or backpack, or the individual’s disability. However, in other cases, an animal may only have a leash or the partner’s disability is not visible. Therefore, it may be appropriate to ask the student whether or not the dog is a service animal required because of a disability and what tasks the dog has been trained to perform. RCCD district does not consider a legitimate inquiry about whether an animal is or is not a service animal as a violation of policy. As described in Section II, above, individuals may notify the DSP&S Office of their service animal and be issued documentation verifying that the dog is a service animal to be used at the College, which the individual could show RCCD district staff in lieu of answering questions about the service animal. Other questions regarding the status of a service animal should be referred to the DSP&S Coordinator, Vice President for Student Services CIO/CSSO, or District Human Resources Department Director of Human Resources. XI. EMERGENCY SITUATIONS In the event of an emergency, the colleges’ emergency response personnel should be trained to recognize service animals and to be aware that the animal may be trying to communicate the need for help. The animal may become disoriented from the smell of smoke from a fire or laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The partner and/or animal may be confused by the stressful situation. Emergency response personnel should be aware that the animal is trying to be protective and, in its confusion, is not to be considered harmful. Emergency response personnel should make every effort to keep the animal with its partner. However, an emergency response personnel’s first effort should be toward the partner; this may necessitate leaving an animal behind in certain emergency evacuation situations. REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3530 WEAPONS ON CAMPUS All firearms, Tasers, knives, explosives, or any simulated weapons or facsimile firearm, knife, or explosive, are prohibited on any District campus or at any District center, or in any facility of the District. Prohibited knives include any dirk, dagger, ice pick, switchblade, razor with an unguarded blade, or any knife having a fixed blade longer than 2 1/2 inches. Exceptions are: • A weapon in the possession of a duly appointed law enforcement officer, an honorable retired peace officer, a member of the military on official duty, or authorized security guards licensed to carry the weapon. • A weapon possessed by a District employee that is used for a lawful purpose as an approved part of the employee’s job responsibilities. • A weapon approved by the College President as instructional equipment. • Weapons authorized for activities on firearms range facility. • Any other exception required by law. Any person who believes that he/she may legally and properly possess a firearm or other weapon on campus or in a District center or other facility of the District must notify the Public Safety Director and President’s office. Pursuant to Penal Code 626.9(h), individuals may not possess a firearm on campus without the written approval of the College President or designee even if in possession of a concealed weapons permit. Only members of law enforcement agencies or students involved in training presented by the Emergency Response Training Center are authorized to use the range facility. Any training conducted at other campus buildings or locations will use only simulated weapons and advance notice will be given to the campus community, along with having signs posted in the area References: Penal Code Sections 626.9 and 626.10 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7400 SUMMARY OF RULES APPLICABLE TO ALL TRAVEL: 1. ALL TRAVEL MUST BE APPROVED IN ADVANCE AS FURTHER DESCRIBED BELOW. 1.2. 2.3.ONLY EXPENDITURES REQUIRED FOR COLLEGE BUSINESS WILL BE REIMBURSED. 3.4.ONLY USUAL, CUSTOMARY, AND REASONABLE COSTS OF NECESSARY EXPENDITURES WILL BE REIMBURSED. 4.5.THE REIMBURSEMENT RATE FOR ALL TRAVEL IS BASED ON THE LEAST COST OR MOST ECONOMICAL MODE OF TRAVEL, REGARDLESS OF HOW THE EMPLOYEE ACTUALLY CHOOSES TO TRAVEL. 5.6.ANY CASE OF SUSPECTED ABUSE OR MISUSE OF DISTRICT TRAVEL EXPENSE ACCOUNTS MUST BE REPORTED TO THE CHIEF BUSINESS OFFICER. 6.7.THE PRESIDENT/SUPERINTENDENT MAY TEMPORARILY SUSPEND TRAVEL AUTHORIZATIONS AT ANY TIME PURSUANT TO ACCREDITATION STANDARD IIID AND ELIGIBILITY REQUIREMENT 17 – FINANCIAL RESOURCES. Travel Rules: 1. Travel must may be authorized in advance by completing the Travel and Advance Request Form to attend a conference, workshop, or meeting, or to perform other necessary services for the District at the District’s expense. 2. All out-of-country travel must be preapproved by action of the Board of Trustees. All out-of-state travel must be preapproved in writing by the President. Where in-state travel is planned in advance, such travel must be preapproved in writing with the required signatures. Where in-state travel occurs on an emergency or urgent basis, such travel must be preapproved by the immediate supervisor or another manager with appropriate signing authority in writing or in an email prior to the start of travel. In the rare emergency circumstance that travel must occur without preapproval, approval must be obtained as soon as practical during the trip which shall include emailing the immediate supervisor. In all cases a Travel and Advance Request Form must be completed and submitted to the Business Office. 3. Pre-Trip Authorization: All travel must be approved in advance according to the deadlines in this section. All travel must be authorized in writing and in advance according to the deadlines in this Administrative Procedure and prior to financially committing to any travel expense. All travel must be authorized in writing and in advance according to the deadlines in this Administrative Procedure and prior to financially committing to any travel expense. 3.1. The appropriate levels of authority must sign and date the Travel and Advance Request form indicating approval and certifying budget availability in accordance with Board Policies and Administrative Procedures; 3.2. All additional requirements of Board Policies and Administrative Procedures must be met. All requests for preauthorization to travel must be documented by completing a Travel and Advance/ReimbursementRequest Form available on the Business Office website and obtaining authorization according to these deadlines: 3.2.1. For travel in California: Approval is required at least twenty-one (21) days in advance by the employee's supervisor and appropriate senior administrator prior to financially committing to any travel expense. 3.2.2. For US travel outside the State of California: Approval is required at least twenty-one (21) days in advance by the President/Superintendent in addition to the employee's supervisor and appropriate senior administrator prior to financially committing to any travel expense. 3.2.3. For travel outside the United States: Approval is required at least thirty (30) days in advance by the Board of Trustees in addition to the President/Superintendent, the employee's supervisor, and appropriate senior administrator prior to financially committing to any travel expense. Note that the Board typically only meets monthly, so Board meeting notice requirements must be met as well. 3.3. Travel requests must be submitted with conference schedules, itineraries, and/or meeting schedules, as required. Hotel room rates, air travel fares, conference fees and all other charges known in advance must be noted on the Pre-Trip Travel Authorization.Travel and Advance Request form in the Estimated Total Cost of Trip section. 1.4. 2.5.The District will reimburse the usual, customary and reasonable costs of necessary expenses for District business. 2.1.5.1. Expenses not required for District business and expenses in excess of the least cost or most economical option shall not be claimed for reimbursement and will not be reimbursed. 2.2.5.2. Standard rates are noted below for certain categories below. 3.6.Lodging: Itemized receipts required. 3.1.6.1. Employees shall request a discounted room rate (government rate, state rate, etc.), if available. 3.2.6.2. Rooms will be reimbursed at the single occupancy rate if one employee is in the room or the double occupancy rate will be split between each employee’s travel authorizationTravel Expense Reimbursement when shared with another District employee. 6.3. Lodging will only be reimbursed if travel is more than 50 miles from the employee’s home. 3.3.6.4. On check-in the employee shall present a completed Hotel/Motel Transient Occupancy Tax Waiver (waiver) form. Waiver forms are available on the Business Office website and the California Department of General Services website. Acceptance of the waiver form by the hotel/motel is strictly voluntary, and employees may lodge at a hotel/motel that does not accept the waiver form. 3.4.6.5. Non-commercial lodging shall be reimbursed at $15.00 per night. 3.5.6.6. The room cost Wwhenever possible, this fee should be paid for with a District card instead of a check.must be noted on the Pre-Trip Authorization. Whenever possible, this fee should be paid for with a District card instead of a check. 4.7.Meals: No receipts required as standard reimbursement rates always apply. 4.1.7.1. Meal allowances are provided up to 80% of the Federal Standard Per Diem Rate. For 2016, the Federal Standard rate is $51.00. CR’s $3641.00 per day based onreflects a rate of 89.00 for breakfast, $1011.00 for lunch, and $1821.00 for dinner. 4.2.7.2. No reimbursement will be provided for any meal that was included in a conference, workshop, or meeting fee, or provided by the hotel/motel, including continental breakfast. 4.3.7.3. Meal allowances on the initial day of travel are payable if it was necessary to leave the work site, or residence on or before the following times 7:00 a.m. for breakfast, 11:00 a.m. for lunch, and 5:00 p.m. for dinner. 4.4.7.4. Meal allowances on the day of return are payable if the return to the work site or residence, exclusive of eating time, was on or after the following times 9:00 a.m. for breakfast, 1:00 p.m. for lunch, and 7:00 p.m. for dinner. 5.8.Incidentals: Itemized receipts required for amounts in excess of $5.00 total per day, otherwise no receipts required. 5.1.8.1. Miscellaneous expenses include such items as telephone, postage, reproduction costs, facsimile charges, minor supplies, reasonable amount for tips, and internet access. 5.2.8.2. Laundry expenses may be allowable when an employee's absence from regular service extends beyond five nights. 5.3.8.3. One "safe on arrival" phone call is also allowed, one departure call is allowed, and one call for any change of plans is allowed. 6.9.Air Travel: Itemized receipts required. 6.1.9.1. Tickets for air coach and checked baggage shall be purchased at the most economical rate available. A reminder that the State’s rental car agreement allows for one-way rentals with no drop-off fee, so an option may be a rental car to Redding, Sacramento, or San Francisco coupled with air travel to the final destination. 6.2. The airfare rate must be noted on the Pre-Trip Authorization. 6.3.9.2. Unused, non-refundable tickets must be reported on the Travel Advance/Reimbursement form with documentation attached. Whenever possible, this fee should be paid for with a District card instead of a check. 7.10. All drivers of rental vehicles and private vehicles – State and Federal requirements: 7.1.10.1. All District vehicles and drivers must comply with the California Vehicle Code and Title 13 (Motor Carrier Safety). 7.2.10.2. All drivers of District-owned or leased vehicles, both on and off campus must have a current license appropriate for the vehicle to be driven. 7.3.10.3. Any vehicle that carries more than ten (10) persons including the driver is defined in the Vehicle Code as a bus. (Ca.V.C. Section 233). All operators of buses must have a current Class B license and a current medical certificate (Ca, V.C.12505) on file with the District. Personal vehicles shall not be used to transport more than 10 persons including the driver for District business. 7.4.10.4. The District shall not operate or lease a 15-passenger van unless the driver holds both a valid class B driver's license, and an endorsement for operating a passenger transportation vehicle issued by the Department of Motor Vehicles. (Public Contract Code § 10326.1) A "15-passenger van" is any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers. 7.5.10.5. The District will comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991. Specifically, the District must comply with the regulations of the Federal Highway Administration (FHWA) and, if applicable, the Federal Transit Administration (FTA). (Ca.V.C. 34520). All individuals who operate the following motor vehicles owned or leased by the District shall participate in a District approved drug testing program: 7.5.1.10.5.1. A vehicle with a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 7.5.2.10.5.2. A vehicle with a gross vehicle weight of at least 26,001 pounds; 7.5.3.10.5.3. A vehicle designed to transport 16 or more passengers, including the driver; or 7.5.4.10.5.4. A vehicle used to transport those hazardous materials found in the Hazardous Materials Transportation Act. 7.6.10.6. The District shall comply with and use as the primary reference the United States Department of Transportation Title 49, Code of Federal Regulation, part 395, which regulates driver’s Hours of Service or (HOS). (Vehicle Code; 233, 34501): Passenger-Carrying Drivers 10-Hour Driving Limit: May drive a maximum of 10 hours after 8 consecutive hours off duty. 15-Hour On-Duty Limit: May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period. 60/70-Hour On-Duty Limit: May not drive after 60/70 hours on duty in 7/8 consecutive days. 7.7.10.7. A trip reportTrip Slip will be kept with the vehicle/driver during the trip. The driver is responsible for entering beginning and ending mileages, class or purpose of trip, budget numbers, and notations of any problems with the vehicle. 7.8.10.8. Prior to commencing travel, all of the following must be met: 7.8.1.10.8.1. An Authorization for Use of District, Rental, or Personal Vehicle Automobile Use Permission form must be completed and approved by the appropriate supervising administrator. 7.8.2.10.8.2. A copy of current driver’s license must be on file with the District. For use of private vehicle, current in-force insurance information must be on file. 7.8.3.10.8.3. The employee’s Motor Vehicle Record (MVR) must be submitted. If any unacceptable items are noted on the record, then the District travel will not be authorized. The driver record must be received, reviewed and approved by the Chief Business Officer or designee prior to individual driving on District business. If three or more points are on driver’s record, driver will be ineligible to drive for the District. (Ca.V.C. 12810.3). License suspensions make driver ineligible for driving until such time that DMV records indicate driver has been re-licensed. Other negative items can also make an employee ineligible to drive on District business, including but not limited to: Driving under the influence of a controlled substance or alcohol; Any license revoked or cancelled; Leaving the scene of an accident; Using a motor vehicle to commit a felony. 7.8.4.10.8.4. District approved driver safety training must be completed within the past 48 months. 7.8.5.10.8.5. For all drivers of any bus and all others required to be enrolled in the DMV pull program: A signed Authorization of Driver Record Information must be on file (This allows us to enroll them in the DMV Pull program). (Ca.V.C 1808.1). 7.8.6.10.8.6. All vehicles with equipment for transporting the disabled must comply with all applicable laws and regulations regarding such vehicles. 8.11. Rental Vehicle and Fuel: Itemized receipts required. 8.1.11.1. Rental vehicles shall be mid-sized cars or smaller, unless the number of passengers or cargo dictates a larger sized vehicle. 8.2.11.2. Vehicles shall be rented from the District’s approved vendor, and another vendor may only be used if the approved vendor is unable to provide the necessary transportation or does not serve the area. 11.3. For rental cars under the State contract, a District card or direct bill account must be used. Fuel should be purchased using a District Fuel card whenever possible. 8.3.11.4. A Trip Slip and District Fuel Card must be obtained from Maintenance and completed per 10.7 of this AP before taking possession of the vehicle. These items must be returned to Maintenance upon completion of travel along with the rental car contract. 9.12. Taxi, Tolls, Shuttle, Parking: Itemized receipts required for amounts in excess of $15.00 per day, otherwise no receipts required. 9.1.12.1. Includes taxi fares, bridge tolls, parking fees, parking meter fees, airport shuttle, hotel-bus fares, streetcar, local rapid transit and transportation such as bus fare, ferry, or commuter train. Parking valet charges will only be reimbursed when reasonable and appropriate, for example when the hotel does not offer self-parking. 10.13. Private Vehicle Use: Standard mileage reimbursement may be used, otherwise itemized receipts are required. Effective January 1, 2015, the US General Services Administration rate per mile is $0.575. This rate may change annually. 10.1.13.1. When employees drive their own vehicles while on District business and are involved in an accident, they are required by law to use their own liability policy for coverage. The District liability policy would be used only after the employee's policy limits have been exceeded. The District does not cover, nor is it responsible for, comprehensive and collision coverage to the employee's vehicle. Vehicles shall be shared whenever possible. 13.2. No reimbursements will be paid for any mileage between an employee's work location and residence. The reimbursement rate shall be not more than the standard mileage rate as determined by the Internal Revenue Service. 10.2.13.3. An Automobile Use Permission Form must be on file with the District. 11.14. Registration Fees: Itemized receipts required. 11.1.14.1. All conferences, workshops, and meetings require an agenda, except for District, Chancellor’s Office, and statewide meetings. 11.2.14.2. The registration fee must be noted on the Pre-Trip Authorization. Whenever possible, this fee should be paid for with a District card instead of a check. 12.15. Other Business Expenses: Itemized receipts required for amounts in excess of $5.00 per day, otherwise no receipts required. 12.1.15.1. Eligible expenses that do not fall into any of the categories above. 13.16. Prohibited Expenses: These expenditures are not eligible for reimbursement. 13.1.16.1. All expenses when travel is not preauthorized. 13.2.16.2. Any expense where all requirements of all Board Policies and Administrative Procedures are not met. 13.3.16.3. Expenses not necessary for the conduct of District business. 13.4.16.4. Amounts in excess of usual, customary, and reasonable levels, including excessive tips. 13.5.16.5. Amounts for personal telephone calls beyond those allowed by this Administrative Procedure. 13.6.16.6. Entertainment expenses, radio, television or movie rentals, transportation to or from places of entertainment and similar facilities. 13.7.16.7. Conference-arranged leisure tours or personal side trip expenses. 13.8.16.8. Individual membership dues or fees. 13.9.16.9. Alcoholic beverages. 13.10.16.10. Hair care or shoe shines. 13.11.16.11. Traffic or parking citations. 13.12.16.12. code. Any expenditure prohibited by Law, Education Code, or other applicable Pre-Trip Authorization and Reimbursement Procedures 14.1. Pre-Trip Authorization: All travel must be approved in advance according to the deadlines in this section. 14.1.1.1. All travel must be authorized in writing and in advance according to the deadlines in this Administrative Procedure and prior to financially committing to any travel expense. 14.2.1.1. The appropriate levels of authority must sign and date the form indicating approval and certifying budget availability in accordance with Board Policies and Administrative Procedures; 14.3.1.1. All additional requirements of Board Policies and Administrative Procedures must be met. All requests for preauthorization to travel must be documented by completing a Travel Advance/Reimbursement Form available on the Business Office website and obtaining authorization according to these deadlines: 14.3.1.1.1.1. For travel in California: Approval is required at least twenty-one (21) days in advance by the employee's supervisor and appropriate senior administrator prior to financially committing to any travel expense. 14.3.2.1.1.1. For US travel outside the State of California: Approval is required at least twenty-one (21) days in advance by the President/Superintendent in addition to the employee's supervisor and appropriate senior administrator prior to financially committing to any travel expense. 14.3.3.1.1.1. For travel outside the United States: Approval is required at least thirty (30) days in advance by the Board of Trustees in addition to the President/Superintendent, the employee's supervisor, and appropriate senior administrator prior to financially committing to any travel expense. Note that the Board typically only meets monthly, so Board meeting notice requirements must be met as well. 14.4.1.1. Travel requests must be submitted with conference schedules, itineraries, and/or meeting schedules, as required. Hotel room rates, air travel fares, conference fees and all other charges known in advance must be noted on the Pre-Trip Travel Authorization. 15.17. Travel Advance Payment: Requests for an advance to cover the anticipated cost of travel shall be submitted on the Travel and Advance/Reimbursement Request form at least twenty-one (21) days in advance. Each individual shall receive a separate advance to cover only that person's anticipated expenses. 16.18. Post-Travel Expense Report: Within fourteen (14) calendar days after the end of the trip, a Travel Advance/ReimbursementExpense Request Form must be completed with itemized receipts attached as appropriate and submitted to the employee’s supervisor for review and approval. Whether or not a receipt is presented, an expense may be rejected by the Business Office if the requirements of this administrative procedure were not met.complied with. 17.19. Reduced Reimbursements: The employee may request reimbursements that are less than described in this Administrative Procedure by noting the lesser amount requested on the Travel Advance/ReimbursementExpense Request Form. No employee shall be required to request a reduced reimbursement as a condition of employment. 18.20. Categorical, Grant, or Other Agency Funded Travel: Travel expenses which are paid or reimbursed by other than District unrestricted funding sources, may be reimbursed at the rates established and required by the donor, if different from this Administrative Procedure. 19.21. Payment for Non-employees: Non-employees, such as community members serving on advisory committees, may be authorized to travel and incur reasonable expenses as representatives of the Board. Any expenses incurred as a result of non-employee travel shall be explicitly approved by the President/Superintendent prior to the expenses being incurred and reimbursements shall not exceed those described in this Administrative Procedure. 20.22. Board of Trustees Travel: Board of Trustees members' travel shall be subject to the same conditions as employee travel. Flat Rate Reimbursement Option Procedures 21.23. To streamline travel procedures, travelers have the option to opt for a flat rate reimbursement for travel of five nights or less. All other requirements of this Administrative Procedure still apply, except as described in this section. Meal allowances are always reimbursed on a flat rate basis. A traveler may choose to use some or all of the flat rate reimbursements. If the flat rate option is exercised for all reimbursement categories, the traveler simply completes the pre-trip authorizationTravel and Advance Request Form, attaches a workshop or conference itinerary if applicable, obtains the appropriate approvals, and is reimbursed based on the pre-trip authorizationTravel and Advance Form. No post travel receipts or additional documentation are required. 24. Flat Rate Automobile Transportation allowance: Regardless of the mode of travel, the reimbursement between these cities is as follows. The rates below were calculated at the lowest cost mode of travel. If the driver chooses to use a District-billed rental car, then the rental fee and other costs should be billed with receipts, instead of the flat rate option. City Pair Miles Transportation One Way each way Eureka to Crescent City/Pelican Bay Eureka to Fort Bragg 94 $54.00 127 $73.00 Eureka to Redding 142 $82.00 Eureka to Sacramento 289 $166.00 Eureka to San Francisco 271 $156.00 Eureka to Klamath-Trinity 76 $44.00 Eureka to Garberville 61 $35.00 Miles One Way Transportation each way City Pair Eureka to Crescent City/Pelican Bay 94 $52.00 Eureka to Fort Bragg 127 $70.00 Eureka to Redding 142 $78.00 Eureka to Sacramento 289 $162.00 Eureka to San Francisco 271 $152.00 Eureka to Klamath-Trinity 76 $43.00 Eureka to Garberville 61 $34.00 25. Flat Rate Lodging allowance: Reimbursement is generally based on the US General Services Administration (GSA) rates, but is not directly tied to the GSA. Lodging will only be reimbursed if the travel is more than 50 miles from the employee’s home. Regardless of the choice of lodging or the actual cost, the following flat rate reimbursements per night, including all taxes and fees charged by the establishment, are allowed: City Crescent City Fort Bragg Redding Lodging Per Night $89.00 $106.00 $90.00 Sacramento $112.00 San Francisco $250.00 Los Angeles $150.00 San Diego $140.00 Any other city $89.00 Non-commercial lodging: All cities including those listed above $15.00 City Lodging Per Night Crescent City $83.00 Fort Bragg $93.00 Redding $89.00 Sacramento $102.00 San Francisco $172.00 High cost cities: L.A., Napa, San Diego, San Mateo, Santa Monica, Sunnyvale, Palo Alto, San Jose, $139.00 Yosemite Nat’l Park Any other city $83.00 Non-commercial lodging: All cities including those listed above $15.00 26. Flat Rate Reimbursement Summary: The chart below summarizes the flat rate reimbursement rates per night for commercial lodging. Standard meal rates may be added to the figures noted below: City Pair Roundtrip Transport Lodging 0 $108.00 $0 $108.00 1 $108.00 $89.00 $197.00 Each add’l night $0 $89.00 Add $89.00 0 $146.00 $0 $146.00 Eureka to Fort Bragg 1 $146.00 $106.00 $252.00 Eureka to Fort Bragg Each add’l night $0 $106.00 Add $106.00 Eureka to Redding 0 $164.00 $0 $164.00 Eureka to Redding 1 $164.00 $90.00 $254.00 Eureka to Redding Each add’l night $0 $90.00 Add $90.00 Eureka to Sacramento 0 $332 $0 $332.00 Eureka to Sacramento 1 $332 $112.00 $444.00 Eureka to Sacramento Each add’l night $0 $112.00 Add $112.00 0 $312 $0 $312.00 1 $312 $250.00 $562.00 Each add’l night $0 $250.00 Add $250.00 Lodging Total Eureka to Crescent City Eureka to Crescent City Eureka to Crescent City Eureka to Fort Bragg Eureka to San Francisco Eureka to San Francisco Eureka to San Francisco City Pair Nights (5 nights max) Nights (5 nights max) Roundtrip Transport Total Eureka to Crescent City 0 $104.00 $0 $104.00 Eureka to Crescent City 1 $104.00 $83.00 $187.00 Eureka to Crescent City Each add’l night $0 $83.00 Add $83.00 Eureka to Fort Bragg 0 $140.00 $0 $140.00 Eureka to Fort Bragg 1 $140.00 $93.00 $233.00 Eureka to Fort Bragg Each add’l night $0 $93.00 Add $93.00 Eureka to Redding 0 $156.00 $0 $156.00 Eureka to Redding 1 $156.00 $89.00 $245.00 Eureka to Redding Each add’l night $0 $89.00 Add $89.00 Eureka to Sacramento 0 $324 $0 $324.00 Eureka to Sacramento 1 $324 $102.00 $426.00 Eureka to Sacramento Each add’l night $0 $102.00 Add $102.00 Eureka to San Francisco 0 $304 $0 $304.00 Eureka to San Francisco 1 $304 $172.00 $476.00 Eureka to San Francisco Each add’l night $0 $172.00 Add $172.00 22.27. The President/Superintendent, Chief Instructional Officer, and Chief Business Officer may authorize exceptions to this Administrative Procedure. 23. The President/Superintendent may temporarily suspend travel authorizations at any time pursuant to Accreditation Standard IIID and Eligibility Requirement 17 – Financial Resources. Travel and Advance Request Name ____________________________________________ Signature ________________________________________ Voucher # _________________________ Datatel ID # _______________________ Employee ___ Yes ___ No Department______________________________ Date ______________ DEPARTURE Date: __________ Time: __________ ____ AM ____ PM RETURN Date: __________ Time: __________ ____ AM ____ PM *Meals leave on or before: Breakfast: 7:00am Lunch: 11:00am Dinner: 5:00pm *Meals return on or after: Breakfast: 9:00am Lunch: 1:00pm Dinner: 7:00pm APPROVED* Date: ________________ Cost Center Manager: _______________________ Senior Staff: _______________________ President: (out-of-state travel only) _______________________ *Travel outside of the country requires Board Approval prior to travel. ____________________ SUBFUND Attach copies of conference schedules, itineraries, meeting schedule and/or meeting email confirmation. TRAVEL PERMISSION REQUEST I request permission to attend the following meeting/conference: Name of Organization _______________________________________________________________________ Location of Meeting _______________________________________________________________________ Date(s) of Meeting _______________________________________________________________________ Purpose of Meeting ____ STANDARD RATE OPTION REQUESTED If using this option for all travel expenses then a Travel Expense Request form is not required upon return ~See chart in AP 7400 #24 for Mileage and Lodging rate amounts~ Lodging Amount: $_________ per day x ____ days = . . . . . . . . . . . . . . . . . . . . . . . . . .$____________ . Transportation Allowance: City Pair ______________ and ____________ . . . . . . . . $____________ Other – Description __________________________________________________. . . . . . . . . . .$____________ ........... Meals: Not to exceed $41 per day: # meals #provided Breakfast(s) Lunch(es) Dinner(s) ________ ________ ________ - ________ ________ ________ = = = Total Meals ________ ________ ________ @ $ 9.00 ea. @ $11.00 ea. @ $ 21.00 ea. $____________ $____________ $____________ Total Meal Allowance $____________ Total Trip Costs: (Lodging + Transportation Allowance + Meals+ Other) $____________ ____ District Vehicle Requested* ___ Rental Vehicle and Gas Card Requested* *Auto Use Permission Form must be on file. # of Passengers _______ Estimated total cost of Trip $________________ Names of passengers: ADVANCE REQUEST Amount Requested: $______________________ Note: Advance will be drawn only after this request is approved and sent to the Business Office. Allow 10 days processing time for check. Travel Expense form, with original receipts must be completed within 14 days of return. ____________________ COST CENTER ____________________ PROGRAM ____________________ ACTIVITY ____________________ OBJECT TRAVEL EXPENSE REQUEST Voucher #:____________________ Datatel ID #:____________________ Name:_______________________________________________ Department________________________________________ Date:_________________________ Location and Purpose:______________________________________________________________ ~NOTE: This form must be received in the Business Office within 14 days following the trip end date. DEPARTARE Date:_____________ Time:____________ _____ AM _____PM RETURN Date:_____________ Time:____________ _____ AM _____PM Receipts must be submitted with completed form Out of Pocket Expenses Paid by College or by Cal Card STANDARD RATE OPTION REQUESTED Please check box Air Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________ $______________ Car Rental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________ $______________ Conference/Registration Fee . . . . . . . . . . . . . . . . . . . $______________ $______________ Lodging cost: $__________ per day x ______ days = . . $______________ $______________ ___ Parking, bridge and/or ferry tolls . . . . . . . . . . . . . . . $______________ $______________ Private Car: _______ per mile x ___________ miles . . . $______________ $______________ OR Transportation Allowance: . . . . . . . . . . . . . . . . . . $______________ $______________ ___ City Pair ______________ and ____________ ~Standard Rate Option – See chart in AP 7400 #24 for rate amounts~ (Auto Use Permission Form must be on file for either option) Taxi and/or bus fare . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________ $______________ Meals (receipts not required – see below*) . . . . . . $______________ $______________ Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $______________ $______________ TOTAL COSTS $______________ $______________ Less Advance $______________ Reimbursement to Employee $______________ Reimbursement to District $______________ TOTAL TRIP COSTS $____________________ (ADD TOTAL OUT OF POCKET EXPENSE AND PAID BY COLLEGE OR CAL CARD) *MEAL ALLOWANCE NOT TO EXCEED $41.00 PER DAY Breakfast(s) Lunch(es) Dinner(s) #Meals _____________ _____________ _____________ - Less meals provided ______________ ______________ ______________ *Meal allowances on the initial day of travel are payable if it was necessary to leave the work site on or before the following times: Breakfast: 7:00am Lunch: 11:00am Dinner: 5:00pm Total # meals to be reimbursed ______________ = @ $ 9.00 ea. ______________ = @ $11.00 ea. ______________ = @ $ 21.00 ea. Total Meal Allowance . . . $______________ $______________ $______________ $______________ *Meal allowance on the day of return are payable if return to the work site or residence, exclusive of eating time, was on or after the following times: Breakfast: 9:00am Lunch: 1:00pm Dinner: 7:00pm APPROVED DATE: ______________ Division or Supervisor: ____________________________________________ Senior Administrator: ____________________________________________ ____________________ SUBFUND ____________________ COST CENTER ____________________ PROGRAM ____________________ ACTIVITY ____________________ OBJECT REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5500 STANDARDS OF STUDENT CONDUCTS 1.0 Purpose of the Code The purpose of this code is to recognize student’s rights within the institution to freedom of speech, inquiry and assembly; to the peaceful pursuit of education; and to the reasonable use of services and facilities of the College. Consistent with the College of the Redwoods’ mission is an expectation that students will govern themselves in a manner that demonstrates appropriate behavior with emphasis on self-respect and respect for others. It is the practice of all employees and representatives of the College to respect the properly exercised rights of its students. The College has adopted a Student Conduct Code and Disciplinary Procedure in order to maintain a learning environment of respect, civility, safety, and integrity for all members of the College community. In addition to the code, students must also recognize and comply with the standards of classroom behavior as stated in their individual course syllabi. Acts of academic dishonesty, disruptive student behavior in the classroom, and appeals to sanctions imposed in each case, are under the jurisdiction of the faculty member and the academic department administrator, and may be referred to the CSSO as student conduct violations. Further, students must understand that Threats of violence are considered a serious infringement upon the learning environment and will be acted upon accordingly. 2.0 Student Conduct Policies Procedural fairness and due process are basic to the proper enforcement of all College regulations. Accordingly, no disciplinary action shall be initiated or sanction imposed against students or student organizations until they have been notified in writing of the charges against them and their rights under this Code, and given the opportunity to be heard , with the exception that a hold status (may, shall, or will) be placed on student records until the specific complaints have been resolved, and except in cases where interim suspension is warranted for the health and safety of the College community. In general, the District President/Superintendent delegates authority for implementation of this administrative procedure to the Chief Student Services Officer (CSSO). The “CSSO” designation may be assigned by the President/Superintendent to any College administrator. The CSSO may designate other College officials to conduct investigations and student disciplinary hearings, if appropriate. The CSSO shall be responsible for maintaining complete records pertaining to all activities relating to the implementation of the Student Conduct Code. Those records shall include a summary of the business of the Conduct Review Committee and report of the disposition of each disciplinary case handled by any person or group authorized to impose disciplinary sanctions or other recommendations in the name of the College. 3.0 Student Rights Any student facing possible disciplinary action is entitled to the following procedural rights: 4.0 3.1 The right to be notified in writing of the charges against him/her; 3.2 The right to know the nature of the evidence against him/her (unless release of the evidence would endanger the health or safety of victim(s) or witness(es); 3.3 The right to present information and witnesses relevant to his/her defense; 3.4 The right to freedom from compulsory self-incrimination; and 3.5 The right to appear at a hearing before the Conduct Review Committee with an advisor. Proscribed Conduct of the College Sanctions may be imposed for prohibited conduct which occurs on College premises, at off-campus instructional sites (e.g., experiential coursework, internships, or lab), at College-sponsored extra-curricular activities or events when a student serves as a representative of the College, or in the course of using College technology or property. Sanctions may also be imposed for conduct that materially and substantially interferes with the College’s operation or education programs or the safety and welfare of the College community. Examples of prohibited conduct are described in Section 8.0: Code of Conduct Violations and Sanctions. To the extent permitted by California law, the College may respond to alleged sexual assault or sexual exploitation that is not related to College activity or College attendance. 5.0 Jurisdiction and Privacy Jurisdiction is maintained between periods of enrollment unless the accused individual’s official record in the Records Office shows a complete withdrawal prior to the expiration of the published deadline for registration for the succeeding period of enrollment. For students enrolled in the spring term, jurisdiction is maintained until the expiration of the published deadline for registration for the succeeding fall term. Unless state or federal law requires or permits disclosure or unless the student and the College determine otherwise, proceedings under this regulation shall be confidential. Records created by public safety, which were created by that law enforcement unit for purposes of law enforcement, are not considered “student records” under the Family Educational Rights and Privacy Act (FERPA) and may be released to third parties as necessary without violating FERPA. 6.0 Student Code of Conduct Procedures Any member of the College community may file a complaint against any student for alleged misconduct. Complaints must be presented in writing to the CSSO or his/her designee and should be submitted as soon as possible after the event takes place, preferably within fifteen business days. For purposes of these procedures, the term “day” refers to any day during which the District is open for business. Should the final day of a required process fall on a Saturday or Sunday, the following Monday shall be considered the final day. A final day falling on a College holiday shall be considered the first weekday following the holiday. Although specific timeframes are identified in these processes, any of the timeframes may be extended by the District for good cause upon written notice to the Affected Party and the Responding accused student, providing such notice includes the reason(s) for the extension. A student against whom a complaint has been filed and/or disciplinary charges are pending will have a hold status placed on his/her records and will not be permitted to withdraw from the College with a clear education record (e.g., a record without notation of disciplinary charges and sanctions) until such charges have been resolved. 6.1 Investigation and Notice to Student Allegations or complaints of student misconduct that are brought to the attention of the CSSO shall first be analyzed to determine whether the alleged conduct, if true, would constitute a violation of District policies. Upon a determination that alleged misconduct, if true, would constitute a violation of District policies, the CSSO, or his/her designee, shall promptly and thoroughly investigate the matter. An investigative process should, to the extent possible, be concluded within twenty (20) days of the initiation of the investigation. An investigative report shall be prepared that usually includes the following: 6.1.1 A description of the circumstances giving rise to the complaint. 6.1.2 A summary of the testimony provided by each witness. 6.1.3 An analysis of relevant data. 6.1.4 A finding of whether there is probable reasonable cause to believe that sexual misconduct occurred. 6.1.5 Any other information considered appropriate by the District (Title 5, section 59334). The contents of the investigative report may be adjusted to take into account admissions made by an accused student that eliminate the need for witness testimony or other factors that might affect the scope of an investigation. 6.2 Imposing Sanctions If the student does admit responsibility misconduct, and if the CSSO or designee concludes that there is sufficient information to sustain a finding of responsibility misconduct that violates specific standards of conduct, the CSSO or designee may impose or defer one or more of the sanctions listed under Code of Conduct Violations and Sanctions. No The CSSO or designee may impose a sanction other than suspension or expulsion if the CSSO or designee concludes by a preponderance of the evidence that the student violated one or more specific standards of conduct, even if the student does not admit misconduct. Recommended sanctions involving separation from the College (i.e., Suspension or Expulsion) will be imposed may be imposed or recommended by the CSSO or designee to Such sanctions are to be recommended to the President by the Student Conduct Review Committee where the Committee will consider whether suspension and/or expulsion is an appropriate sanction for the admitted misconduct in violation of the standards of conduct. The Committee is not required to make additional factual findings where there is clear evidence that a student has admitted misconduct. When the Committee is not readily available, or when convening the Committee is impractical due to the seriousness of the admitted misconduct, the CSSO may suspend the student and/or recommend expulsion, and notify the President/Superintendent of the need for an automatic appeal on the sole basis of whether or not the proposed discipline is substantially unreasonable in light of the admitted misconduct. The student may also submit a written appeal to the President/Superintendent but is not required to do so in order to secure an automatic appeal under this section. Any recommendation of expulsion requires Board of Trustee review. NOTE: The above represents a significant substantive change. Presently, even where the student admits misconduct, the CSSO cannot impose suspension or recommend expulsion, but must refer the matter to the Conduct Review Committee. However, if the student admits to misconduct, a hearing to determine whether the misconduct occurred is not necessary. Instead, the suggested change is that the CSSO can impose suspension or recommend expulsion but the Committee would not hold a full fact-finding hearing. The Committee would only assesses whether the proposed sanction is appropriate. A second option is also introduced. Where the Committee is not available, for example during breaks between semesters, or when serious misconduct has been admitted that needs to be addressed quickly, the CSSO can impose a suspension or recommend expulsion which carries an automatic appeal to the President/Superintendent to provide a review as to whether or not the sanction is unreasonable. An automatic appeal would ensure a Presidential review of the sanction without the need for a written appeal from the student – although the student can submit a written appeal if he/she wishes. This option would also apply where a student who has admitted misconduct is unavailable, such as when a student is in police custody, and may not easily file an appeal. There is still a check/balance on the authority of the CSSO represented by the automatic appeal to the President/Superintendent. 6.3 Referral to the Student Conduct Review Committee The CSSO or designee will refer the case to the Student Conduct Committee for a hearing when the CSSO or designee recommends suspension or expulsion, and: 6.3.1 The student does not admit responsibility; 6.3.2 The CSSO or designee concludes that an Agreement of Resolution (see section 6.5) is not appropriate; 6.3.3 There is a finding of probable reasonable cause to believe there has been a violation of the Student Code of Conduct. 6.4 Insufficient Evidence 6.4.1 At any time before the Student Conduct Hearing occurs, if the CSSO or designee receives new information that establishes a clear lack of truth of prior information submitted to the CSSO or designee such that it is determined that the prior evidence must be disregarded and if in disregarding that prior information the CSSO or designee concludes that there is insufficient information to sustain a finding of responsibility, then the CSSO or designee will withdraw the case from the Student Conduct Committee. This disposition is binding and terminates all Student Conduct Committee proceedings. 6.4.2 If the CSSO or designee concludes that there is insufficient information to find the student responsible, the case will not be referred to the Student Conduct Committee for a hearing. 6.5 Agreement of Resolution (aka Behavior Contract) When the CSSO or designee and the student agree that the above dispositions are not appropriate, an Agreement of Resolution may be used to conclude the matter. This Resolution, while not considered to be a finding of responsibility, is binding. If the student fails to abide by the terms of the Agreement of Resolution, that failure may be regarded as actionable misconduct and may subject the student to disciplinary action by the College. An Agreement of Resolution may include such terms as: 6.5.1 Agreement by the student to refrain from specific behaviors, and/or to refrain from contacting others involved in the case; 6.5.2 Agreement by the student to participate in specified educational programs and/or reconciliation processes such as mediation; and/or 6.5.3 Agreement by the student to participate in specified community service activities. The Agreement of Resolution is not a formal disciplinary action but will be retained in the case file in the Office of the CSSO for a maximum of seven (7) years from the date of the Agreement. During that time, should the CSSO or designee have a reasonable basis to believe that the student has engaged in misconduct related in nature to the conduct which occasioned the Agreement, both cases may be the subject of College disciplinary action. 6.6 Formal Hearing 6.6.1 Conduct Review Committee The accused student may request, or the CSSO may require, that the charges be resolved at a formal hearing provided by the Conduct Review Committee. The CSSO shall consider the preference of the accused student, the nature of the charges, and the availability of the committee members when assigning the case for a hearing. The Conduct Review Committee will hear cases and make decisions on appropriate sanctions. The Committee will be established at the beginning of each academic year and will be composed of: 6.6.1.1 One (1) member of the administration (and an alternate) appointed by the President/Superintendent. 6.6.1.2 Two (2) members (and an alternate) of the classified staff appointed by the President of the College from a list of staff members submitted by the classified bargaining unit. Vacancies of classified staff members shall be filled by action of the classified bargaining unit. 6.6.1.3 Two (2) members (and an alternate) of the faculty appointed by the President/Superintendent from a list of faculty members submitted by the Academic Senate. Each faculty member must be a full-time or part-time faculty member at the College. Vacancies of faculty members shall be filled by action of the Senate. 6.6.1.4 Two (2) members (and an alternate) of the student body appointed by the President/Superintendent from a list of students submitted by the President of the ASCR Senate. Each student must be enrolled not less than half-time (6 units minimum) and have a cumulative GPA of at least 2.0. Vacancies of student members shall be filled by recommendation of the ASCR Senate. 6.6.1.5 The President of the College will appoint the chair of the Conduct Review Committee. Conduct Review Committee members and alternates serve on the committee for the academic year. Alternate members may be reappointed to serve as full members for the next academic year. The CSSO or designee shall serve as non-voting Secretary and advisor to the Conduct Review Committee. No Conduct Review Committee member may sit on the Committee during a hearing if that member is a complainant, witness, has a direct or personal interest in the outcome of the hearing, or has previously acted in an advisory capacity to the accused student. The Chair of the Conduct Review Committee may establish a hearing format consistent with this Code. In cases involving more than one accused student, the Chair of the Conduct Review Committee and the CSSO or designee will determine if hearings or conferences concerning each student will be conducted jointly or separately. The decision of the Committee Chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by other members of the panel to the contrary. 6.6.2. Hearing Officer. In appropriate circumstances, the CSSO may determine that a disciplinary hearing should be conducted by a neutral hearing officer rather than a Conduct Review Committee. Such circumstances include, but are not limited to hearings that are anticipated to require more than one day of hearing where Committee member educational or employment obligations may be impacted, when a Committee cannot be convened expeditiously to address a critical matter, or where technical or legal complexities suggest the need for specialized expertise. To the extent practicable, where a hearing officer is substituted for a Conduct Review Committee, the rules related to a Committee shall apply to a hearing before a hearing officer. NOTE: The foregoing is another significant substantive recommendation. It creates an option to use a single hearing officer instead of a Conduct Review Committee in limited circumstances as described. This is not a requirement to use a hearing officer, only an option to do so. 6.6.2 Notice of Hearing. Written notice of the hearing shall be provided simultaneously to the accused and the complainant and shall include the following: 6.6.2.1 The specific alleged misconduct (accusation). 6.6.2.2 A summary of the investigation and/or a short written statement of the facts supporting an accusation of misconduct. 6.6.2.3 The right of the parties to attend the hearing or to respond in writing regarding the party’s position concerning the matter. 6.6.2.4 The nature of the discipline that is being considered. 6.6.3 Notices described in this procedure are sent to the most recent official student address and/or email address on file with the District. The notice will inform the student of: 6.6.3.1 The charges alleged to have been violated and sufficient details of the complaint for the basis of the allegation to be understood; 6.6.3.2 The time, location and place of the hearing; 6.6.3.3 A statement of the respondent student’s rights as stated in the Code or a copy of this Standard of Student Conduct; and 6.6.3.4 The name of the person(s), group, or College office filing the charges. Nothing prohibits the District from amending the notice as deemed appropriate. The CSSO may request the production of relevant evidence that was not part of the investigative process for consideration in the hearing process upon notice to the accused student. 6.7 Conduct of Hearing The CSSO or designee shall determine how the hearing will be conducted, taking into account the safety of parties and witnesses. The CSSO or designee may call and question witnesses he/she believes have relevant information. Each party may recommend witnesses to be called. To avoid unnecessarily duplicative or irrelevant testimony, the CSSO or designee may require a party to indicate the nature of the proposed testimony as a condition to calling witnesses. Neither the CSSO or designee cannot nor the Committee can compel the attendance of witnesses recommended by the parties. The CSSO or designee shall determine on a case-by-case basis how the questioning of parties and witnesses shall be conducted, given the nature of the allegations and the safety of parties and witnesses. If the CSSO or designee does not permit direct questioning by the parties, he/she may consider permitting the parties to submit questions for the CSSO to ask parties and witnesses. Formal rules of evidence shall not apply. Any relevant, non-duplicative evidence may be admitted. Determination of violations shall be made based on the preponderance of evidence. Quorum for a hearing requires that five (5) of the seven Student Conduct Review Committee members are present for the hearing. If the case is to be heard at the Mendocino or Del Norte site, a quorum will be three (3) members of the Committee. Hearings shall be closed and confidential unless the student requests that it be open to the public. Any such request must be made no less than five (5) days prior to the date of the hearing. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the Chair of the committee agree to the contrary. In all cases, the evidence in support of the charges will be presented and considered whether or not either the accused party is in attendance. If the accused student has submitted written information in his/her defense but does not attend the hearing, that information shall be considered by the Committee as well. The accused student may be accompanied by an advisor if so desired, conditional on 24-hour notice to and approval of the CSSO or designee. The advisor may attend the hearing with the student to counsel him/her and suggest questions. The accused student and advisor may be present during the entire time of the hearing, except during the deliberations of the Conduct Review Committee or where the safety of witnesses is a valid concern. In no event may the advisor participate directly by speaking for either party or questioning witnesses. The student shall not be represented by an attorney unless, in the judgment of the CSSO or designee, complex legal issues are involved, or unless criminal charges are pending based on the alleged conduct for which disciplinary action is pending. If the student wishes to be represented by an attorney, a request must be presented with the name and office address of the attorney not less than five calendar/business days prior to the date of the hearing. If the student is permitted to be represented by an attorney, the College presenter may request also have legal assistance. The Conduct Review Committee may also request legal assistance; any legal advisor provided to the committee may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it. 7.0 Notice of Decision. Within fifteen (15) days following the hearing, the CSSO Committee Chair or his/her designee on the Committee shall prepare and send a the written decision of the Committee simultaneously to the parties CSSO or designee. The Notice of Decision shall include factual findings regarding the accusation and determinations as to whether any specific section(s) of the Standards of Student Conduct were violated. The Notice of Decision shall also include a specific decision regarding the disciplinary action to be imposed, if any, unless expulsion is recommended. The Notice of Decision shall be based only on the record of the hearing, and not on matters outside of that record. The record includes the investigative report, any written notices or student statements, and oral and written evidence produced for, or at, the hearing. If expulsion is recommended, the Notice of Decision shall verify that expulsions require Board of Trustee action. The CSSO shall transmit the Notice of Decision to the accused student. If the Decision calls for disciplinary action, the CSSO shall also notify the accused student of his/her appeal options. If the student is found not to be in violation of the Student Code of Conduct, and if coursework has been missed as a direct result of action taken against the student, appropriate action will be taken in order to assist the student to complete the course, reimburse the cost of tuition, or reach other alternatives. 7.1 Appeals of Formal Hearing Decisions Appeal requests are available to the parties accused student only on the following bases: 7.1.1 A claim that the initial hearing included a material procedural error. The appeal request must identify the specific procedural error(s) and how that claimed error disadvantaged the appealing party. 7.1.2 Relevant evidence that was previously unavailable has been discovered, and that evidence could significantly impact the outcome of the case. The appeal request must identify the specific evidence, how the evidence is relevant, why the evidence was previously unavailable, and how the newly discovered relevant evidence could impact the outcome of the case. 7.1.3 The proposed discipline is substantially unreasonable in light of the findings. The appeal request must indicate the claimed unreasonableness of the proposed discipline and indicate what discipline the student believes would be appropriate. Written appeals must be submitted in writing to the President/Superintendent within five (5) days of the delivery of the CSSO’s Notice of Decision to the parties student. If no appeal is received within five (5) days, the decision of the CSSO, including the proposed discipline will take immediate effect. The President/Superintendent will not hold a hearing. Rather, resolution of the appeal shall be based upon the written findings and decision from the Conduct Review Committee, the record of the hearing, as well as any written documentation submitted by either party during the hearing. The CSSO or designee will provide all relevant documentation to the President/Superintendent. The President/Superintendent shall render a decision within ten (10) business days after receipt of the appeal and shall inform the student immediately by mail and/or email. In all cases but expulsion, the President/Superintendent’s decision regarding the appeal will be final. Any recommendation of expulsion shall be presented to the Board of Trustees for action. If the President/Superintendent upholds an expulsion decision that the student wishes to contest further, the student may appeal in writing to the Board of Trustees. In this instance, the following procedure will be followed: The Board of Trustees shall consider any appeal at the next regularly scheduled meeting of the Board after receipt of the recommended decision. The Board may also hold a special meeting to consider the discipline of a student, provided the notice of a special meeting for this purpose is posted at least five days prior to the special meeting . The Board of Trustees shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures. The student shall be notified in writing, at least three (3) days prior to the meeting, of the date, time, and place of the Board's meeting. The student may, within forty-eight hours after receipt of the notice, request that the hearing be held as a public meeting. Even if a student has requested that the Board of Trustees consider an expulsion recommendation in a public meeting, the Board of Trustees will hold any discussion that might be in conflict with the right to privacy of any student, other than the student requesting the public meeting, in closed session. The Board of Trustees may accept, modify or reject the findings, decisions and recommendations of the President/Superintendent and/or the hearing panel. If the Board of Trustees modifies or rejects the findings, decision , or recommendations, the Board shall review the record of the hearing and any timely appeal, and shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the Board of Trustees shall be final. The final action of the Board of Trustees on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the College. 8.0 Code of Conduct Violations and Sanctions 8.1 Violations Students are expected to demonstrate qualities of morality, integrity, honesty, civility, honor, and respect. Students are required to engage in responsible social conduct that reflects credit upon the CR Community and to model good citizenship in any community. Disciplinary action may be initiated by the College and sanctions imposed against any student or student organization found responsible of committing, attempting to commit, or intentionally assisting in the commission of any prohibited forms of conduct: 8.1.1 Academic dishonesty, which includes cheating, plagiarism, and hampering or discrediting the academic work of others, shall be more fully defined in administrative procedures. 8.1.2 Unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities. 8.1.3 Continued disruptive behavior¸ or obstructing the work and operation of the College, as shall be more fully defined in administrative procedures. including willful disruption of the orderly operation of the campus. 8.1.4 Defamation: An individual shall not use defamatory words or phrases or distribute defamatory materials. Defamatory words or materials are those that: (1) are false and expose any person or the college to hatred, contempt, ridicule, disgust or an equivalent reaction; or (2) are false and have a tendency to impugn a person’s occupation, business, or office. 8.1.5 Violation of the College’s computer use policy or any conduct that constitutes a computer-related crime pursuant to Penal Code, section 502. Use of electronic technology includes, but is not limited to: internet, email, telephone, fax machines, or instant messaging to intimidate another member of the College community. 8.1.6 Theft (actual or attempted) or destruction of College property or property belonging to a member of the College community or other abuse of College computer facilities, programs, technology and equipment as shall be more fully described in administrative procedures. 8.1.7 Coercion, which is defined as attempting to compel, control, or manipulate another through the threat of force, intimidation, exploitation of fear or anxiety, including explicit and implied physical and verbal threats against another person or bullying as defined in Board Policy 3431 and Administrative Procedure 3431. 8.1.8 Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises. 8.1.9 Intentionally obstructing or denying access to facilities or services to individuals entitled to use such services or facilities. 8.1.10 Intentionally interfering with the lawful rights of other persons on campus. 8.1.11 Violation of the District’s nondiscrimination or sexual harassment policies, or engaging in harassing, or retaliatory behavior in violation of District policy or sexual assault or misconduct or physical abuse, including but not limited to rape, domestic violence, dating violence, sexual assault or , stalking or sexual exploitation. as defined in District procedures. Sexual misconduct, including discrimination based on gender, sexual harassment, dating violence, domestic violence, sexual assault, stalking, sexual exploitation, and hate crimes based on gender are subject to Administrative Procedure 5502. 8.1.12 Violation of local, county, state, or federal law, whether it be on or off campus, only when a definite College interest is involved and where the student misconduct distinctly and adversely affects the College’s pursuit of its educational mission. 8.1.13 Wearing, transporting, storing, or possessing firearms or other weapons on College property (including College-owned vehicles and parking lots), at College-sponsored or College-related functions or events, and during times when acting as a representative of the College whether on or off College premises The administrative procedures shall define “Weapons” prohibited by this policy to procedure include firearms, knives, explosives, clubs and other items used as a threat to do bodily harm and facsimiles of such weapons. This does Prohibitions described in this provision do not apply to any certified law enforcement personnel engaged in official duties. Activities requiring use of the prohibited items may be conducted on approval of the activity by the President/Superintendent or his/her designee. 8.1.14 Intentional obstruction of the freedom of movement of pedestrian or vehicular traffic on College premises. 8.1.15 Participation in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community. 8.1.16 Leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area. 8.1.17 Detention or physical abuse, or assault or battery, extortion, or intimidation of any person or conduct which is intended to threaten imminent bodily harm or endanger the health or safety of any person on any property owned or controlled by the College or at any College sponsored or supervised functions. 8.1.18 Failure to comply with reasonable directions of College officials or public safety officers acting in performance of their duties on campus or affecting conduct on campus. 8.1.19 Unauthorized possession, duplication or use of keys to any College premises, supplies or equipment, including computing, networking, or information resources, or unauthorized entry to or use of College premises. 8.1.20 Being an accessory to any person on the College campus who is or who is not a member of the College community who violates this code. 8.1.21 Violation of College Board policies, published college policies, rules, procedures, or regulations. 8.1.22 Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on CR premises or at functions sponsored by, or participated in by, CR or members of the College community. 8.1.23 Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Section 11053 et seq., an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5 or use, sale or distribution of any poison defined in Section 4240 of the Business and Professions Code. 8.1.24 Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the College. 8.1.25 Willful misconduct that results in injury or death to a student or to College personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the College or on campus. 8.1.26 Dishonesty; forgery; alteration or misuse of College documents, records or identification; or knowingly furnishing false information to the College. 8.1.27 Engaging in expression which is obscene, libelous or slanderous, or which so incites students as to create a clear and present danger of the commission of unlawful acts on College premises, or the violation of lawful College regulations, or the substantial disruption of the orderly operation of the College. 8.1.28 Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. 8.1.29 Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure. 8.1.30 The use by a student of any electronic listening or recording device in any classroom without the prior consent of the instructor, except as necessary to provide reasonable auxiliary aids and academic adjustments to a student with a disability. 8.1.31 Disengaging smoke or fire detection equipment including tampering with fire or safety equipment, including pull stations, fire extinguishers, fire hoses, smoke detectors, alarm horns and bells or any other fire or safety items, or failure to vacate facilities during fire drills or fire or other emergencies when directed to do so by District or public safety representatives. 8.1.32 Initiation of or participation in hate violence. 8.1.33 Solicitation or acceptance of money or other thing of value as an inducement, encouragement, or reward for intercollegiate participation in violation of Education Code, section 67361 or false declarations regarding eligibility for participation in intercollegiate athletics under Education Code, section 67362; 8.1.34 The offering of any inducement or thing of value to influence the award of any grade or to alter any official College record. 8.2 Sanctions Any time a sanction is specifically provided for herein, the employee or officer authorized to impose such sanctions may impose a lesser sanction. For the purposes of this rule, expulsion is the most severe sanction, followed by suspension, probation, and written and oral warning. A student may be given an interim suspension and, subsequently, may be subjected to further disciplinary action by the College, up to and including expulsion, if such further sanction is found to be appropriate in light of the conduct of the student. In all such cases, the fact of the earlier sanction shall be taken into consideration in determining the extent of any further sanctions. Disciplinary actions will be enforced by the College. Consequently, each campus, education center, or instructional site within the District will honor sanctions imposed by the College. 8.2.1 Individual Sanctions. 8.2.1.1 Warning - a written or oral notice to the student that continuation or repetition of certain conduct may be cause for disciplinary action under this regulation. 8.2.1.2 Probation - a reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s). If a student violates any condition of probation or again is charged with a violation of the standards of student conduct during the probationary period, such action shall be grounds for revocation of the student's probationary status and for further disciplinary action to be taken in accordance with this regulation. 8.2.1.3 Loss of Privilege - a denial of specified privileges for a designated period of time. This may include, but is not limited to, access to facilities, services or offices or participation in clubs, organizations, activities, or College-sponsored events. 8.2.1.4 Restitution - a requirement of any student who has caused nonaccidental damage to College property to pay the College the cost of replacing or repairing the property in question. The College may withhold, after appropriate written notice to the student, grades, transcripts, certificates, diplomas, registration privileges, or any combination thereof from any student who fails to repay or refuses to repay any valid debt owed to the College (Education Code Section 72237 Title 5, section 59410) 8.2.1.5 Community Service - the performance of community service as a sanction for misconduct. Determination of the type of work to be performed, the number of hours of service, and the responsibility for supervising the service will be made in consultation with the CSSO. 8.2.1.6 Withdrawal from class - an administrative withdrawal with consequent loss of tuition and fees from a class, classes, or program. NOTE: Combined with 8.2.1.9 College suspension. 8.2.1.7 Limited Access - an administrative restriction to selected parts/locations of campus buildings. 8.2.1.8 Other penalties - the student may be denied a transcript or degree until all of the obligations specified by a disciplinary body are met or other penalties as may be imposed as ones determined to fit the misconduct. NOTE: While this is an interesting sanction, it is not clear that a degree (for example) can be denied once it is earned. For example, Title 5, section 55072 requires a Board to award a certificate “to any student who has completed the prescribed curriculum leading to that certificate. . . .” 8.2.1.9 College suspension - the separation of the student with consequent loss of tuition and fees from any or all classes and activities at the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified (Title 5, section 76031). 8.2.1.10 College expulsion - the permanent separation with consequent loss of tuition and fees of the student from the College. 8.2.1.11 Discretionary Sanctions - a work assignment, service to the College or neighboring communities, or other related discretionary assignments (such assignments must have the prior approval of the disciplinary advisor). NOTE: Community service is already an option under 8.2.1.5. 8.2.1.12 Counseling or Education Seminars - the requirement to participate in counseling seminars or educational workshops in lieu of, or in addition to, the imposition of sanctions. 8.2.1.13 Revocation of Admission or Degree - the admission to the College may be revoked based on fraud, misrepresentation or other forms of misconduct related to the admissions process. The granting of a degree by the College may be revoked based on fraud, misrepresentation or other forms of misconduct related to obtaining the degree. 8.2.1.14 Deactivation - the loss of privileges, including College recognition, for a specified period of time for any student club, group, or organization. 8.2.1.15 Mental Health Clearance: A mental health clearance is a restriction that requires a student to obtain the opinion of a mental health professional indicating whether the student (a) presents a danger to himself/herself or others or (b) is likely to repeat the same or similar misconduct. A student shall not be required to provide a mental health clearance unless such requirement is imposed by the College’s Student Conduct Review committee or Behavior Intervention Team. NOTE: This sanction is problematic for legal and ethical reasons. 8.2.1.16 Loss of housing on District property or housing affiliated with the District. NOTE: If a student is suspended or expelled, removal from District housing should also be an option, but this needs to be coordinated with the housing agreement/rules. There might also be instances when a student is allowed to continue classes, but should be removed from the residence halls. 8.2.1.17 Loss of institutional financial aid or scholarships and/or loss of state financial aid pursuant to Education Code, section 69810 et seq. NOTE: The loss of “state financial aid” is an option under Education Code, section 69810 et seq. Sections 69810 – 69813 present a rather complicated scheme that applies if a student is alleged to have committed “any act likely to disrupt the peaceful conduct of the activities of the campus and was convicted of a public offense in connection therewith, or is found to have willfully and knowingly disrupted the orderly operation of the campus, or has been suspended from an institution of higher education for these acts. . . .” The accused student must be notified that he/she may lose state financial aid and must be given an opportunity to present “evidence of mitigating circumstances” at a hearing. If this sanction is pursued, it must be coordinated with the existing student discipline process to be sure that the specifics of section 69810 et seq. (which we have not completely described above), can be observed. The affected student could lose eligibility for state financial aid for the “ensuing two academic years.” It appears that the ineligibility would follow the student if he/she attempted to enroll in another institution of higher education during the period of restriction. “State financial aid” means “any assistance given or guaranteed by the state that is predicated on attendance at an institution of higher education.” This is a potentially very powerful sanction, and must be carefully reviewed to ensure that it is properly imposed. Including it as a potential sanction is the first step towards having it as an option. 8.3 Disruptive Classroom Behavior 8.3.1 Instructors Course instructors at College of the Redwoods Community College District have the professional responsibility and authority to maintain order in instructional settings, which include but are not limited to classrooms, libraries, group meetings, tutorials, lab sessions, office hours, and off-campus venues. To assure the best presentation of the course material, a course instructor shall determine the manner and times during which students may ask questions, request clarification or express opinions or points of view in the instructional setting. 8.3.2 Students Student behavior or speech that disrupts the instructional setting or is clearly disrespectful of the instructor or fellow students will not be tolerated. Disruptive conduct may include, but is not limited to: rude or disrespectful behavior; unwarranted interruptions; failure to adhere to instructor's directions; vulgar or obscene language; slurs or other forms of intimidation; physically or verbally abusive behavior. 8.3.3 Records Instructors are advised to keep careful written records regarding any incident of disruptive behavior, including dates, times, names of those present, and details of the incident. Instructors should inform their department chair or supervising faculty and the CSSO Office of any such incidents and provide written documentation, if requested. The parties involved, in conjunction with the department chair or supervising faculty and appropriate administrator, should may strive for acceptable solutions or mediate appropriate intervention strategies. 8.3.4 Removal from Class Any faculty member may, for good cause, order a student removed from his or her class for the day of the removal and the next class meeting (Education Code Section 76032). The faculty member shall immediately report the removal to the appropriate immediate administrator and the CSSO or designee. The CSSO or designee shall arrange for a conference between the student and the faculty member regarding the removal. If the faculty member or the student requests, the CSSO or designee shall attend the conference. The student shall not be returned to the class during the period of the removal without the concurrence of the faculty member. Nothing herein will prevent the CSSO or designee from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal. 8.3.5 Students Who May Present a Danger to Themselves or Others The College seeks to promote a safe environment where students and employees may participate in the educational process without compromising their health, safety or welfare. The Code of Conduct prohibits a student from engaging in violent conduct and threatening behaviors toward any member of the College community, including a student’s threat to harm him-or-herself. In cases of this type, the special procedures set out in section 8.3.6 may be used to attempt to determine if the student (1) presents a danger to himself/herself or others, and/or (2) is likely to repeat the misconduct. All threats or threats to do violence must be taken seriously and responded to immediately. 8.3.6 Responding to Student Conduct Involving Threats or Violence Any College employee, student, or visitor who observes or otherwise becomes aware of violent or threatening student conduct, including a student’s threat to injure himself/herself, or any other student conduct that indicates that the student may present a danger to himself/herself or others, should do the following: In the case of an emergency, immediately contact the College’s Security office by calling the emergency number 707- 476-4111. In severe cases, call 911. In these cases, Security will write an incident report to be filed in situations where an incident report is deemed warranted. In cases that do not involve an immediate emergency, promptly file an incident report with Public Safety or inform the campus or site administrator. In the event of any threat on a person's life, whether spoken or written, the following procedure will be undertaken even if the person hearing/seeing the threat does not believe it is viable: The police will be immediately called. The person(s) threatened will be immediately informed. The person(s) doing the threatening will be referred to a psychologist/psychiatrist/counselor for evaluation as to the viability of the threat and a recommendation made to the District. A letter of immediate suspension will be issued and conditions placed upon the person(s) return. Nothing in this process precludes the District from offering care and accommodations to students in crisis or from referring students to other resources for assessment or support. Parents of minor students will be notified of the person(s) behavior (if FERPA conditions are met) and violation of the college's code of conduct. The College will continue to follow-up with faculty, staff, law enforcement, parents, etc. and communicate essential information to one another. 9.0 Immediate Suspension and Denial of Access 9.1 Immediate Suspension The President/Superintendent may impose an immediate suspension on a student only where such action is required in order to protect lives or property and to ensure the maintenance of order on the campus or at a campus function. To the extent the circumstances reasonably permit, the District's legal advisor will be consulted on the issue of whether an immediate suspension is appropriate. Immediate notice of such suspension shall be given to the student either orally or in writing. Such notice shall advise the student of the right to a hearing. Within 48 hours of ordering an immediate suspension, the President/Superintendent or designee shall forward written notice to the student of the basis for the action. Such notice shall be addressed to the student's last known address and/or email address and shall advise the student of a right to a hearing and the time and location of such hearing. Unless the student agrees otherwise, such hearing shall be held no later than thirty (30) ten (10) days following suspension. 9.2 Withdrawal of Consent to Remain on Campus The CSSO or his/her designee President/Superintendent, or person designated by him or her to maintain order may notify a student that the consent to remain on campus or other facility under the control of the College has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility. Whenever consent is withdrawn by any authorized officer or employee other than the President/Superintendent, such officer or employee shall, as soon as is reasonably possible, submit a written report to the President/Superintendent , or, in the absence of the President/Superintendent, to a person designated by him or her for the purpose of reviewing the withdrawal of consent to remain on campus. Such report shall contain all of the following: 9.2.1 Description of the person from whom consent was withdrawn, including, if available, the person's name, address, and telephone number. 9.2.2 A statement of the facts giving rise to the withdrawal. If the President/Superintendent or designee the person designated by him or her for the purpose of reviewing the withdrawal of consent to remain on campus, upon reviewing the report submitted by the person authorized to maintain order, finds that there was reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility, he or she may enter written confirmation upon the report of the action taken by the officer or employee. If the President/Superintendent or designee person designated by the President/Superintendent in his or her absence to review the withdrawal of consent to remain on campus does not confirm the action of the officer or employee authorized to withdraw consent within 24 hours after the time the consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect. The notice given to the student may be given orally and/or in writing and shall advise the student of the right to a hearing as set out herein. In no case shall summary withdrawal of consent under this Article be withdrawn for longer than fourteen (14) days from the date upon which the consent was initially withdrawn. During the fourteen (14) day period, the student from whom consent to remain on campus was withdrawn may file a written request for a hearing to the Office of the President/Superintendent. Such hearing shall be held within seven (7) days of receipt before a hearing officer selected by the President/Superintendent. Consent to return to the campus within the maximum 14-day period shall be reinstated by the President/Superintendent whenever he or she has reason to believe that the presence of the student from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility. 9.3 Denial of Access After a hearing, any suspension or expulsion based on conduct that disrupted the orderly operation of a campus or other facility and that also violates a provision of a California statute may include denial of access to the campus or facility as a condition of such suspension or expulsion for the period of the suspension or in the case of expulsion for a period not to exceed one year (Penal Code, Section 626.2). A student who willfully and knowingly enters the campus or facility during the period for which access has been denied is guilty of a misdemeanor pursuant to Penal Code, Section 626.2. In the case of a suspension, such entry may be grounds for further disciplinary action. 10.0 Fees, Denial of Aid and Readmission, and Student Statement 10.1 Fees No fees paid by or for a student for the semester, summer session, or other term in which he or she is suspended or expelled shall be refunded, except as may be required by law. If the student is readmitted before the close of the semester, summer session, or other term in which he or she is suspended, the student will not be charged any additional fees as a result of the suspension. 10.2 Admission or readmission Admission or readmission may be denied to any person who, while not enrolled as a student, commits such acts which, were he or she enrolled as a student, would be the basis for disciplinary proceedings suspension or expulsion under this regulation. In addition, admission or readmission may be denied to any person who, while a student, commits acts that are subject to disciplinary action suspension or expulsion pursuant to this regulation. Any conduct for which admission or readmission may be denied must be related to a College activity or College attendance. Appeals regarding denial of admission or readmission shall be made to the CSSO or designee. Admission or enrollment may be denied to any person who has been expelled from another California community college district within the five (5) years preceding his/her application for admission/enrollment or who is undergoing expulsion proceedings at another California community college district for offenses described in Education Code, section 76038 at the time of his/her application to the District for admission/enrollment. The offenses that may preclude admission or enrollment include murder or attempted murder, assault or battery, sexual assault, kidnapping or attempted kidnapping, robbery or extortion, stalking, or unlawful conduct related to weapons, all as defined in Education Code, section 76038. The CSSO or designee shall hold a hearing to determine whether an individual covered by this section poses a continuing danger to the physical safety of the District’s students or employees. Notice of the hearing shall be provided to the affected individual no less than 5 days prior to the hearing. The hearing shall comply with basic due process standards, including providing the affected individual with the option to present information in support of his/her ability to participate as a student of the District without presenting a danger to students or employees. The CSSO or designee shall issue and deliver a written decision to the affected individual as to whether the individual poses a continuing danger; and shall deny admission/enrollment, permit admission/enrollment, or permit conditional admission/enrollment. If admission or enrollment is denied, the affected individual may file a written appeal of the decision to the Board of Trustees within 5 days of delivery of the decision. Appeals are limited to the following: 1. The individual maintains that he/she was not expelled or subject to expulsion by another California community college for the offenses described in Education Code, section 76038, or 2. The individual maintains that he/she did not commit any offense described in Education Code, section 76038, or 3. The individual maintains that notice of the hearing was not provided a minimum of 5 days prior to the conduct of the hearing. The Board of Trustees shall consider any timely appeal at its next regular meeting following receipt of the appeal or shall hold a special meeting for such purposes. The Board shall issue a decision on the appeal in writing to the individual filing a timely appeal. 10.2.2 Denial of Enrollment for Continuing Threat. In addition, enrollment may be denied to any District student who has been suspended from the District for conduct involving acts of violence or threats of violence, including any conduct that potentially endangers the health or safety of others, until the District determines that the individual does not present a direct threat to others. A determination that an individual poses a direct threat to others must be based on an individualized assessment of the individual’s present ability to safely participate as a District student. This assessment must be based on a reasonable medical judgment that relies on available objective evidence. In determining whether an individual poses a direct threat, the District will consider (1) The duration of the risk; (2) The nature and severity of the potential harm; (3) The likelihood that the potential harm will occur; and (4) The imminence of the potential harm.1 Any conduct for which admission or readmission may be denied must be related to a College activity or College attendance. Appeals regarding denial of admission or readmission enrollment shall be made to the CSSO or designee. 10.2.3. Denial of Readmission Following Protective Order. In the event the District secures a protective order against a student that prevents the student from attending classes and maintaining his/her academic status, the District may require the student to apply for reinstatement after the expiration of the protective order and shall consider such application in accordance with Education Code, section 76030(b). The CCSO or designee shall conduct a review and take appropriate action on an application for readmission as described in section 76030. 10.3 If a student’s record includes information concerning any disciplinary action taken by the College, the student may include in the record a written statement or response concerning the disciplinary action. NOTE. Any student who is disciplined has notice of the right once he/she is provided with a copy of the procedure. References: California Education Code Sections 66017, 66300, 66301, 72122, 76030 et seq; Accreditation Standard II.A.7.b Approved: February 1980 Revised: May 5, 2015