REDWOODS COMMUNITY COLLEGE DISTRICT College Council 3:00 p.m. - Board Room - Monday, October 10, 2011 AGENDA 1. Minutes Dated September 26, 2011 (Page 3) 2. For Information: Update on President/Superintendent Job Announcement BUSINESS 3. BP/AP 3260 ‘Participatory Governance’ (Utpal) *****END OF CONSTITUENT REVIEW*************** 4. BP1100 ‘The Redwoods Community College District’ (Utpal) (Page 7) *****END OF CONSTITUENT REVIEW**************** 5. BP/AP 2714 ‘Distribution of Tickets or Passes’ – BRPC step 8 (Doug) (Page 9) 6. BP/AP 5205 ‘Student Accident Insurance’ (Cheryl) (Page 11) 7. BP/AP 5040 ‘Student Records, Directory Information, and Privacy’ (Cheryl) (Page 15) 8. AP 5031 ‘Instructional Materials Fees’ (Cheryl) (Page29) 9. BP/AP 3600 ‘Auxiliary Organizations’ (Lee) (Page 33) *****END OF CONSTITUENT REVIEW**************** 10. BP/AP 5010 ‘Admissions and Concurrent Enrollment’ (Cheryl) (Page 55) *****END OF CONSTITUENT REVIEW**************** 11. AP 5011 ‘Admissions and Concurrent Enrollment of Special Part-Time High School Students’ (Cheryl) (Page 63) ****END OF CONSTITUENT REVIEW**************** 12. AP 5012 ‘International Students’ (Cheryl) (Page 71) *****END OF CONSTITUENT REVIEW**************** 13. BP/AP 5030 ‘Fees’ (Cheryl) (Page 75) ****END OF CONSTITUENT REVIEW**************** 14. AP4103 ‘Work Experience’ (Roxanne) (Page 93) *****END OF CONSTITUENT REVIEW**************** 15. BP/AP 5210 ‘Communicable Diseases (Cheryl) (Page 95) *****END OF CONSTITUENT REVIEW**************** 16. BP/AP 3050 ‘Institutional Code of Ethics’ (Utpal) (Page 101) Policy and Procedure Tracking Number AP4024 AP 2411 Misc Misc Misc AP3410 Misc AP2435 AP305.03 AP 3435 BP/AP 3430 BP/AP 7310 AP 4024 Title Definition of a Credit Hour (Interim) Interim Policies Policy and Procedure Revision Inventory Section 508 : Access to Info and Data College Council and the Brown Act Nondiscrimination Grant Funded Faculty Conversion Process Evaluation of PZ/Superintendent Priorities for Tenure Track Faculty Positions Discrimination and Harassment Investigations Prohibition of Harassment Nepotism Instructional Exigency Plan Status Interim policy AP4024 implemented 05/02/11 Interim Policy on interim policies implemented 05/02 Doug to draft comprehensive inventory Mark Winter to investigate issue and report to Council Dave and Doug to draft evaluations Council request review of best practices Dave seeking best practices. Rox seeking legal Tabled pending BOT discussion Draft under Expanded Cabinet Review Constituent Review ends 11/07/2011 Constituent Review ends 11/07/2011 Constituent Review ends 11/07/2011 Constituent Review ends 11/21/2011 10/10/2011 Meeting of College Council Page 2 REDWOODS COMMUNITY COLLEGE DISTRICT 10/10/2011 Meeting of College Council Page 3 Minutes of the College Council 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday, September 26, 2011 MEMBERS PRESENT Mark Winter, Mike Richards, John Johnston, Kasey Merton (ASCR), Jose Ramirez, Marcia Williams (phone), Mark Renner (phone), Utpal Goswami, Lee Lindsey, Keith Snow-Flamer, Roxanne Metz MEMBERS ABSENT Ron McQueen, Ahn Fielding, KT Rep, ASCR rep #2, CALL TO ORDER Utpal Goswami called the meeting to order at 3:00 p.m. MINUTES The minutes of 09/12/2011 were approved as presented. UNFINISHED BUSINESS BP/AP 3260 PARTICIPATORY GOVERNANCE Support staff reported that an online feedback forum had been created to collect and record feedback regarding draft BP and AP 3260 ‘Participatory Governance.’ The Council reviewed the forum (at http://inside.redwoods.edu/CollegeCouncil/feedback/index.asp) and requested that support staff send the link to ‘All.’ Academic Senate representatives reported that they expected continued refinements to the BP and AP following the BP and AP’s initial passage on October 10th, and that the Academic Senate would hear feedback regarding the drafts at their October 7th meeting. Utpal requested that the Policy and Procedure Review Subcommittee be prepared to review and incorporate feedback regarding BP and AP 3260 between October 7th and 10th. INSTRUCTIONAL EXIGENCY PLAN DUE TO ADVERSE BUDGET ENVIRONMENT Mark Winter reminded the Council that the Exigency Plan was being developed so that the District would have an exigency process in place should the District face a fiscal emergency. Utpal Goswami noted that that process would be housed as a BP and AP in the 4020 series (Program, Curriculum, and Course Development). Initial feedback from Council members included: 1. Implication of 50 percent law reference should be thoughtfully considered 2. The last bullet describing committee membership notes “Deans and Directors of Academic, CTE, and Instructional Programs.” These committee positions should be described more specifically. 3. Whatever deliverable the committee recommends should be vetted. The campus community ought to have time to provide feedback regarding the committee’s recommendation. A motion was made, seconded, and passed unanimously to distribute the Exigency Plan for a 60 day constituent review. 10/10/2011 Meeting of College Council Page 4 Minutes-College Council Page 2 of 4 September 26, 2011 BP/AP 3050 INSTITUTIONAL CODE OF ETHICS Utpal Goswami reported that the draft ‘code of ethics’ was being presented to the Council for a preliminary read, and that the document would officially be presented to Council for its initial review on October 10th. Initial feedback included: 1. AP 3050, Ethical Standards section, bullet eight states: “Challenge and report unethical behavior in a timely manner.” To whom and how a person reports unethical behavior should be defined. 2. The BP and AP describe behavioral guidelines. The documents are not legally binding. 3. The term “code” in the title is not appropriate because the document is non-binding. A more accurate description is a ‘statement of ethical principles.’ 4. ACCJC accreditation standard III.A.1.d requires that ‘The institution upholds a written code of professional ethics for all of its personnel.’ 5. AP 3050, Ethical Standards section, bullet 10 states: “Confront issues and people without prejudice and exhibit mutual respect.” The statement should read ‘Confront issues and people without prejudice and exhibit mutual with respect.’ 6. One goal of the code of ethics is to give assurance to the community that acting with integrity is important to the institution 7. The policy and procedure should be descriptive of the principles we abide by as we develop binding policies and procedures 8. Regardless of whether the topic ought to be covered in the code of ethics, how violations of policy and procedure are addressed should be clear. The Council concluded that since the revised drafts of BP and AP 3250 were presented to Council just before the meeting, and since the drafts were to be formally introduced at the October 10th Council meeting, no action would be taken until the October 10, 2011 Council meeting. AP 2511 COLLEGE COUNCIL Support staff reported that the 30 day constituent feedback period for AP 2511 ended September 26, 2011 and that no feedback had been submitted to the President’s office. Keith Snow-Flamer requested that the title ‘VP of Student Services’ be updated to ‘VP of Student Development.’ The Council discussed the role the President plays in executing the work of College Council; specifically, how the President can both chair College Council and receive recommendations from College Council. Utpal reported that the conduit for policies and procedures ensues from the President to the Board of Trustees. Utpal noted that if the President presents policy and procedure to the Board that is different than what was recommended by College Council, College Council has the right and obligation, through a formal BOT agenda item, to formally notify the Board of Trustees. ACTION A motion was made and passed unanimously to approve as revised AP 2511. 10/10/2011 Meeting of College Council Page 5 Minutes-College Council Page 3 of 4 September 26, 2011 BP/AP 5010 ADMISSIONS AND CONCURRENT ENROLLMENT Support staff noted that the constituency review period for BP/AP 5010 ‘Admissions and Concurrent Enrollment’ ended September 26, 2011. Mark Winter reported that the current draft AP 5010 removed the requirement for students to have attained 18 years of age in order to register for classes, and that nursing faculty had requested that the requirement be reinstated. Cheryl Tucker reported that she and Kathy Goodlive had researched the age requirement issue and found that requiring students to have attained 18 years of age in order to register for class was not consistent with education code. Marcia Williams reported that she had received feedback regarding AP 5010. Marcia reported that the AP states that students who are under 18 years of age who have not received a high school diploma or its equivalent will only be admitted in accordance with the concurrent enrollment procedures. Marcia requested that an exemption process be identified that will allow special consideration for conditional admission for those students who are under 18 that are non-high school graduates and that are non-concurrent. Mark Renner suggested that we not use the term ‘pupil’ unless required by education code. A motion was made, seconded and passed unanimously to table action on BP/AP 5010 in order to allow constituent feedback to be considered and incorporated. AP 5011 ‘ADMISSIONS AND CONCURRENT ENROLLMENT OF SPECIAL P.T. H.S. STUDENTS’ Discussion/action postponed till October 10, 2011 Council meeting. BP/AP 5030 ‘FEES’ Discussion/action postponed till October 10, 2011 Council meeting. AP 4103 WORK EXPERIENCE Discussion/action postponed till October 10, 2011 Council meeting. NEW BUSINESS BP/AP 5205 STUDENT ACCIDENT INSURANCE Discussion/action postponed till October 10, 2011 Council meeting. BP/AP 5040 Discussion/action postponed till October 10, 2011 Council meeting. 10/10/2011 Meeting of College Council Page 6 Minutes-College Council Page 4 of 4 September 26, 2011 STUDENT RECORDS, DIRECTORY INFO, AND PRIVACY’ AP 5031 INSTRUCTIONAL MATERIALS FEES Discussion/action postponed till October 10, 2011 Council meeting. ADJOURN Utpal suggested that in order to ensure that Council is able to address new business, new business would be strategically dispersed throughout the Council agenda. Utpal Goswami adjourned the meeting at 4:30 p.m. DE 10/10/2011 Meeting of College Council Page 7 Constituent review ends 10/10/2011 Suggested Revision of CR Board Policy 1100 Comment: Please note that bold words indicate suggested revisions, which could be updates or substantive changes. Underlined blue words are links to a reference or source. There are no suggested deletions for this policy. REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 1100 THE REDWOODS COMMUNITY COLLEGE DISTRICT The District has been named the Redwoods Community College District. The name is the property of the District. No person shall, without the permission of the Board, use this name or the names of any colleges or other facilities of the District, or any abbreviation of them, to imply, indicate, or otherwise suggest that an organization, product, or service is connected or affiliated with, or is endorsed, favored, supported, or opposed by, the District. The District consists of the following college and education centers: College of the Redwoods, Eureka Main Campus College of the Redwoods, Del Norte Education Center College of the Redwoods, Mendocino Coast Education Center The District also offers programs and courses at additional instructional sites throughout the District to best address the needs of District students, and these sites include, but are not limited to: College of the Redwoods, Bianchi Farm (Shively) College of the Redwoods, Fine Woodworking Program (Fort Bragg) College of the Redwoods, Klamath-Trinity Instructional Site College of the Redwoods, McKinleyville Instructional Site College of the Redwoods, Arcata Instructional Site College of the Redwoods, Eureka Downtown Instructional Site College of the Redwoods, Southern Humboldt Instructional Site Reference: Education Code Section 72000(b); Elections Code Section 18304; BP 2100 Board Elections contains a general description of the district’s territory by defining each trustee area Adopted by Board of Trustees: June 1, 2004 Former Bylaw No. 001: Name and Classification Adopted by Board of Trustees: August 15, 1977 Amended: January 11, 1993 Reviewed by College Council: Adopted by Board of Trustees: 10/10/2011 Meeting of College Council Page 8 10/10/2011 Meeting of College Council Page 9 Suggested CR Board Policy 2714 Comment: Please note that BP/AP 2714 are entirely new. Both are based on the CCLC's sample AP 2714. In California, it is anticipated that most community college districts that are using the CCLC Policy and Procedure Service eventually will review and include this new information near BP 2710 Conflict of Interest. Our attorney has included our local practices and expanded the statement of public purposes in the policy to include people who can support the College, not just employees or officials. Also added is the ability of a department or the President to make tickets available to specific student events. For example, this covers the theatre department giving a pass to the local theatre critic. This procedure includes the athletic passes that are made available to all District employees. REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 2714 DISTRIBUTION OF TICKETS OR PASSES Distribution of Tickets or Passes to Non-District Events From time to time, the District receives tickets or passes to non-District facilities, events, shows, or performances for an entertainment, amusement, recreational, or similar purpose. The District will distribute these tickets or passes when attendance at the event will further the District's mission or will significantly contribute to the professional development of an employee or a member of the Board of Trustees. Distribution of Tickets or Passes to District Events Providing available tickets or passes for District employees and officials to District programs and activities supports the District's mission and its students. The attendance of District employees and officials at District programs and activities assists them to remain current on District educational programs. District students also benefit when they recognize the interest District employees and officials take in their activities. The President/Superintendent is authorized to provide available tickets or passes to District employees and officials for District programs and activities for these purposes as he/she deems appropriate. Transfers of tickets or passes by recipients are not permitted. Reference: AP 2714; BP 2710; Title 2 of the California Code of Regulations, Section 18944.1 Adopted by Board of Trustees: 10/10/2011 Meeting of College Council Page 10 Suggested CR Administrative Procedure 2714 Comment: This procedure is based on the last three paragraphs of the suggested CCLC APSuggested 2714. This procedure, as below, CR Board BPcontains 2714the "how" of the suggested CR BP 2714. REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 2714 DISTRIBUTION OF TICKETS OR PASSES 1. The District, through the President/Superintendent or his/her designee, will distribute limited numbers of tickets or passes received by the District for non-District facilities, events, shows, or performances to the person(s) who the President/Superintendent or his/ her designee has decided will benefit most directly or whose regular role in the District most directly relates to the facility, event, show, or performance. Tickets or passes to District programs or activities will be considered available for distribution to District employees or officials when the distribution represents no additional cost to the District and when voluntary attendance by District employees or officials does not have the reasonable potential to displace students or members of the community. 2. The person receiving a ticket or pass pursuant to this procedure may not transfer the ticket or pass to any other person. Subsequently, if the person receiving it cannot attend the event, show, or performance, or use the ticket or pass, the person receiving it should return it as soon as possible to the President/Superintendent for redistribution under this procedure. 3. Under certain circumstances state and federal income tax laws may require that a receiving party treat the value of distributed tickets and passes as income. For each ticket or pass distributed to an official, the District will complete and post to its website a California Fair Political Practices Commission (FPPC) Form 802. Reference: BP 2714; Title 2 of the California Code of Regulations, Section 18944.1 Issued by President/Superintendent: Reviewed by College Council: Reviewed by Board of Trustees: 10/10/2011 Meeting of College Council Page 11 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Student Accident Insurance This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Michelle Hancock ext. 4357 Student Services BP-revision, AP-new 5205 BP 521 Ed Code: 72506 League Template Barb Franklin Other colleges o North Orange o Yuba o Cerritos o Palomar Sr. Administrator Review (Name, date, comments) Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees 10/10/2011 Meeting of College Council Page 12 Date approved by Board of Trustees 7/19/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed BP 5205 STUDENT ACCIDENT INSURANCE The District shall assure that students are covered by accident insurance in those instances required by law or contract. See Administrative Procedure 5205. Reference: Education Code Section 72506 Adopted by Board of Trustees: x/xx/xx Former Policy #521: “Student Insurance,” Adopted by Board of Trustees: 8/15/77 Amended: 3/4/83; 3/6/95 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 521 STUDENT INSURANCE The Board will not act as insurer for any student but recognizes the need for student accident insurance coverage for unforeseen accidents that may occur in the course of attendance at school or student participation in College programs. The Board will maintain the most cost-effective insurance coverage for injury resulting from accidents sustained in the course of participation in College programs and activities. The cost for the student insurance programs shall be paid through the Student Health Fee fund, except for athletic costs. Adopted: August 15, 1977 Amended: March 7, 1983; March 6, 1995 10/10/2011 Meeting of College Council Page 13 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5205 STUDENT ACCIDENT INSURANCE The Board will maintain the most cost-effective insurance coverage for injury resulting from accidents sustained in the course of participation in College programs and activities. The cost for the student insurance programs shall be paid through the Student Health Fee fund, except for athletic costs. Should a student sustain an injury while on campus, it should be reported immediately to the Payroll and Benefits Manager after seeking appropriate medical attention, if necessary. References: Education Code Section 72506 Approved: xx/xx/xx No previous administrative procedure 10/10/2011 Meeting of College Council Page 14 10/10/2011 Meeting of College Council Page 15 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Student Records, Directory Information, and Privacy This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Cheryl Tucker Student Services Revision BP and AP 5040 BP 505 “Student Records”; AR 506.01 “Regulations Re: Student Records” Cheryl Tucker, Kathy Goodlive, Keith SnowFlamer Education Code Sections 76200 et seq; Title 5 Sections 54600 et seq; Civil Code Section 1798.85; FERPA; the Solomon Amendment (10 U.S.C. § 982; 32 C.F.R. 216, 65 F.R. 2056) - allows military organizations access to information ordinarily restricted under FERPA for the purpose of military recruiting. North Orange, Palomar, Cerritos, Yuba Sr. Administrator Review (Name, date, comments) Keith Snow-Flamer Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 10/10/2011 Meeting of College Council Page 16 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 7/19/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed BP 5040 STUDENT RECORDS, DIRECTORY INFORMATION, AND PRIVACY The President/Superintendent shall assure that student records are maintained in compliance with applicable federal and state laws relating to the privacy of student records. The President/Superintendent may direct the implementation of appropriate safeguards to assure that student records cannot be accessed or modified by any person not authorized to do so. Any currently enrolled or former student of the District has a right of access to any and all student records relating to him or her maintained by the District. No District representative shall release the contents of a student record to any member of the public without the prior written consent of the student, other than directory information as defined in this policy and information sought pursuant to a court order or lawfully issued subpoena, or as otherwise authorized by applicable federal and state laws. Students shall be notified of their rights with respect to student records, including the definition of directory information contained here, and that they may limit the information. Directory information shall include: o o o o o o o o o o student name community of residence date and place of birth major field of study participation in officially recognized activities and sports weight and height of members of athletic teams, dates of attendance, degrees and awards received the most recent public or private school attended by the student, and any other information authorized in writing by the student Students are asked on the admissions application to authorize the release of Directory Information. If the answer “yes” is marked, then information listed under “Directory Information” may be released. If “no” was marked, the information will not be released. This designation may be changed by submitting the request in writing to the Admissions and Records Office. See Administrative Procedures 5040. 10/10/2011 Meeting of College Council Page 17 Reference: Education Code Sections 76200 et seq; Title 5 Sections 54600 et seq Revision Adopted: xx-xx-xx Former Board Policy No. 506 “Student Records” Adopted August 15, 1977 Amended: October 3, 1994 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 506 STUDENT RECORDS The Board of Trustees recognizes the educational and legal mandates to establish, collect, and maintain appropriate and accurate student records. The Board further acknowledges the need to resolve potential conflicts between California law and the provisions of Public Law 93-380 (the Buckley Act of 1974) regarding the confidentiality of student records. Therefore, the Board of Trustees directs the President or designee to develop and implement appropriate administrative regulations and procedures to ensure compliance with applicable federal and state laws governing student records. Adopted by the Board of Trustees: August 15, 1977 Amended: October 3, 1994 10/10/2011 Meeting of College Council Page 18 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5040 STUDENT RECORDS, DIRECTORY INFORMATION, AND PRIVACY A cumulative record of enrollment, scholarship, and educational progress shall be kept for each student. Release of Student Records: No instructor, official, employee, or governing board member shall authorize access to student records to any person except under the following circumstances: Student records shall be released pursuant to a student's written consent. The College must obtain written consent of the student before releasing personally identifiable information from records to other than a specified list of persons and agencies. “Directory information” may be released in accordance with the definitions in Board Policy 5040. Students are asked on the admissions application to authorize the release of Directory Information. If the answer “yes” is marked, then information listed under “Directory Information” may be released. If “no” was marked, the information will not be released. This designation may be changed by submitting the request in writing to the Admissions and Records Office. Directory information shall include: o o o o o o o o o o student name community of residence date and place of birth major field of study participation in officially recognized activities and sports weight and height of members of athletic teams, dates of attendance, degrees and awards received the most recent public or private school attended by the student, and any other information authorized in writing by the student Student records shall be released pursuant to a judicial order or a lawfully issued subpoena. The District shall make a reasonable effort to notify the student in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order. 10/10/2011 Meeting of College Council Page 19 Student records shall be released pursuant to a federal judicial order that has been issued regarding an investigation or prosecution of an offense concerning an investigation or prosecution of terrorism. Student records may be released to officials and employees of the District only when they have a legitimate educational interest to inspect the record. Student records may be released to authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported educational program or pursuant to federal or state law. Exceptions are that when the collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements. The Director of Admissions and Records will be responsible for releasing student information in matters of state or federal law. Student records may be released to officials of other public or private schools or school systems, including local, county or state correctional facilities where education programs are provided, where the student seeks or intends to enroll or is directed to enroll. The release is subject to the conditions in Education Code Section 76225. The Director of Admissions and Records will be responsible for authorizing the release of student information in accordance with Education Code 76225. Student records may be released to agencies or organizations in connection with a student's application for, or receipt of, financial aid, provided that information permitting the personal identification of those students may be disclosed only as may be necessary for those purposes as to financial aid, to determine the amount of the financial aid, or conditions that will be imposed regarding financial aid, or to enforce the terms or conditions of financial aid. The Director of Financial Aid will be responsible for releasing information concerning financial aid. Student records may be released to organizations conducting studies for, or on behalf of, accrediting organizations, educational agencies or institutions for the purpose of developing, validating, or administrating predictive tests, administering financial aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted. The Director of Admissions and Records will be responsible for authorizing the release of student information. Student records may be released to appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, subject to applicable federal or state law. In time of emergency, various college officials may be in a position to release such information. 10/10/2011 Meeting of College Council Page 20 Whenever possible, without endangering health or safety, such releases should be carried out by the Director of Admissions and Records. The following information shall be released to the federal military for the purposes of federal military recruitment: student names, addresses, telephone listings, dates and places of birth, levels of education, degrees received, prior military experience, and/or the most recent previous educational institutions enrolled in by the students. The Director of Admissions and Records will be responsible for authorizing release of information to the military. Charge for Transcripts or Verifications of Student Records: A student/former student shall be entitled to two free copies of the transcript of his/her record or to two free verifications of various student records. Additional copies shall be made available to the student, or to an addressee designated by him/her, at the rate of $5.00 per copy and, if requested via the college web interface, are processed within 2 working days after receiving payment. “Official” transcript requests made in person or by mail are produced the first and third Tuesdays of each month. “Unofficial” transcripts can be printed via the college web interface and are free. Use of Social Security Numbers Effective January 1, 2007, the District shall not do any of the following: Publicly post or publicly display an individual’s social security number; Print an individual’s social security number on a card required to access products or services; Require an individual to transmit his or her social security number over the internet using a connection that is not secured or encrypted; Require an individual to use his or her social security number to access an Internet Web site without also requiring a password or unique personal identification number or other authentication devise; or Print, in whole or in part, an individual’s social security number that is visible on any materials that are mailed to the individual, except those materials used for: Application or enrollment purposes; To establish, amend, or terminate an account, contract, or policy; or To confirm the accuracy of the social security number. If the District has, prior to January 1, 2004, used an individual’s social security number in a manner inconsistent with the above restrictions, it may continue using that individual’s social security number in that same manner only if: The use of the social security number is continuous; The individual is provided an annual disclosure that informs the individual that he or she has the right to stop the use of his or her social security number in a manner otherwise prohibited; 10/10/2011 Meeting of College Council Page 21 Redwoods Community College District agrees to stop the use of an individual’s social security number in a manner otherwise prohibited upon a written request by that individual; No fee shall be charged for implementing this request; and the district shall not deny services to an individual for making such a request. References: Education Code Sections 76200 et seq.; Title 5 Sections 54600 et seq., U.S. Patriot Act; Civil Code Section 1798.85 Revision Adopted: XX/XX/XXXX Former Administrative Regulation No. 506.01 “Regulation Re: Student Records” Approved: June 1980 Revised: 3/6/95; 11/5/02 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 506 Administrative Regulation No. 506.01 REGULATION RE: STUDENT RECORDS A. General College of the Redwoods will establish and maintain, as required by law, only such information on students that is relevant to admissions, registration, academic history, student benefits or services, extracurricular activities, counseling and guidance, discipline, or matters relating to student conduct. B. Records Officer The Records Officer (Director of Enrollment Services) is responsible for the maintenance of the student educational record file system, which includes the nature, content, and retention of student records. The Records Officer will ensure periodic screening of the record system to eliminate inappropriate and irrelevant material from student files, the retirement of non-active files, or the destruction of student records as allowed by Education Code Section 59020. C. Student Records A student record is any item of information directly related to an identifiable student maintained by the district or required to be maintained by an employee in the performance of the employee's 10/10/2011 Meeting of College Council Page 22 duties, whether recorded by handwriting, print, tapes, film, microfilm, or other means. The following information should not be part of the student record: 1. Information provided by a student's parents relating to applications for financial aid or scholarships. 2. Information related to a student that is compiled by an officer or employee of the college and that a. is appropriate for such officer's or employee's performance of his or her responsibility, b. remains in the sole possession of the maker, and c. is not accessible or revealed to any other person. 3. Information related to a student that is created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional a. acting or assisting in a professional or paraprofessional capacity; b. that is used in connection with the provision of treatment of the student; or c. that is not available to anyone other than persons providing such treatment, provided, however, that such a record may be personally reviewed by a physician or other appropriate professional of the student's choice. 4. Information maintained by the district's security unit that is necessary and appropriate to enable the security unit to carry out its duties and responsibilities as required by law or as may be assigned by the Board of Trustees. Such information is to be kept apart from other student records and maintained solely for security unit purposes, available only to other law enforcement officials of the same jurisdiction. 5. Confidential letters and statements of recommendations maintained by the district on or before January 1, 1975, provided that such letters or statements are not used for purposes other than those for which they were specifically intended. 6. Information maintained in the normal course of business pertaining to persons who are employed by the district, provided that such information relates exclusively to such persons in their capacity as employees and is not used for any other purpose. 7. Information related to a student compiled by an employee or officer of the district that remains in the sole possession of the maker and is not available to any other person except a substitute who performs the duties of the individual who made the notes on a temporary basis. D. Release of Information (General) The Records Officer shall ensure compliance with the procedure for release of information pertaining to students. No information without the written consent of the student (Form A, Request and Consent for Release of Student Record) will be released, except that the following information may be released if the student has not restricted access to his or her student records: 10/10/2011 Meeting of College Council Page 23 1. Directory information: student name, community of residence, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent public or private school attended by the student, and any other information authorized in writing by the student. 2. The posting of student grades outside a faculty office must not be done in a manner that personally identifies students. 3. The taking of student attendance, if roll sheets are passed from student to student, must be done in such a manner as not to reveal any information other than student names. E. Record of Access and Right of Review A record of access will be maintained with the educational record of each student, which will indicate all individuals other than school officials who have requested and obtained information (Form B, Record of Access). A statement will accompany any record released to such parties to inform them of the restrictions of release to any other party without the consent of the student (Form C, Transfer of Information by Third Parties). The student can request, through the Records Officer, a personal inspection and review of his or her record, an accurate copy of a record, an oral description or communication of a record, or a request to release a copy of any record. The student must be allowed to review his or her record within 15 working days of the request to do so. A student can waive his or her right of access to the student record solely for confidential recommendations for career placement, postsecondary admissions, or the receipt of an honor or honorary recognition, provided that such recommendations are used solely for the purpose for which they were specifically intended and provided that the student shall be notified upon the request of the persons making confidential recommendations. Such waivers may not be required as a condition for admissions to, receipt of financial aid from, or receipt of any other services or benefits from the college (see Form D, Waiver of the Right to Access). F. Review of Record and Challenge The Records Officer will establish procedures by which students are notified of their rights pertaining to their educational records, provide the necessary arrangements for students to review their files, and set up procedures for challenge hearings. Notification of the contents of this policy and regulation shall appear in all future catalogs, catalog supplements, and schedules of classes. 1. Student Record Review Procedure Section 1: Academic Record Review A student wishing to review his or her educational record shall request this service from window service personnel in the Enrollment Services Office. After appropriate identification, the staff member will pull the student's folder from the vault and escort the student to the Records Officer. The Records Officer will seat the student at an adjoining desk and review the folder with the 10/10/2011 Meeting of College Council Page 24 student, answering any questions that may arise. The Records Officer will insert an appropriate notation in the student's folder that a review of the folder was made, including any statement pertaining to challenges presented by the student. The student will also be made aware that other campus records (depending upon his or her situation, program, health, enrollment, etc.) may exist and, if appropriate, will be given instructions by the Records Officer so that these records may be reviewed. The Records Officer will also ensure that, during the review of records, the student will not be provided information that violates the privacy of other students. After the review, the Records Officer will return the folder to the clerk for refiling. If the Records Officer is unavailable for review at the time of the student's request, an appointment for the student will be made. Section 2: Other Educational Records Review A student wishing to review records other than those on file in the Enrollment Services Office will contact the appropriate office and request this service. The custodians of those records to be reviewed will, after proper identification is made, produce all records pertaining to the student. The custodian will be present at all times during the review and will screen out any information on materials pertaining to other students. Appointments for review of records will be made if the custodian is not available. Should the student desire to challenge any information in the record file, he should be directed to request a hearing with the Records Officer 2. Student Record Challenge Hearing Procedure Section 1: Informal Proceedings A student wishing to challenge any information contained in his or her education records shall contact the Director, Enrollment Services, and provide a written explanation (Form E, Student Services Petition to Challenge Records) of the basis for the challenge. The Director, Enrollment Services, will evaluate student challenges and, where necessary, order the correction or deletion of information determined to be inaccurate, misleading, or otherwise in violation of the student's right of privacy or other rights. Section 2: Filing of Formal Challenge Should proceedings fail to satisfactorily resolve the student's contention, the student may contact the Associate Vice President of Student Learning Support Services to request a formal hearing. The request shall be on a form (Form E, Student Services Petition to Challenge Records) provided by the Director of Enrollment Services and shall specify the exact portion(s) of the records that the student desires to be corrected or deleted and the precise grounds on which he or she bases the challenge. The Associate Vice President of Student Learning Support Services shall, within 10 working days of the filing of the written request, assign the matter to a Hearing Committee selected pursuant to Section 3 below. Section 3: Hearing Committee The Associate Vice President of Student Learning Support Services shall assign student record challenges for hearing to the Academic Appeals committee. 10/10/2011 Meeting of College Council Page 25 Section 4: Hearing Procedure The Associate Vice President of Student Learning Support Services will select a hearing date. At the hearing, the student shall be given an adequate opportunity to present witnesses and other evidence in support of his or her contentions. The student filing the challenge shall present his or her evidence first, after which appropriate members of the college administration and faculty shall have an opportunity to present evidence in support of the information contained in the challenged records. The student shall have the burden of proving that the record should be corrected or deleted. Section 5: Decision The Academic Appeals Committee shall render its recommendation in writing within 10 working days of the conclusion of the hearing to the Associate Vice President of Student Learning Support Services. If the Associate Vice President of Student Learning Support Services approves the recommendation, records found to be inaccurate, misleading, or in violation of the student's right of privacy or other rights will be corrected or deleted from the student's records. Section 6: Final Appeal If the student is not satisfied with the finding of the Associate Vice President of Student Learning Support Services, the student may, within 30 working days of refusal to change the record, appeal the decision in writing to the CR Board of Trustees. Within 30 working days of the receipt of such an appeal, the Board shall, in closed session with the student and appropriate college employee(s), if any, determine whether to sustain or deny the student's request. If the Board finds for the student, the President or designee will immediately correct or remove and destroy the information. If the Board's decision is unfavorable to the student or if the student accepts the Associate Vice President of Student Learning Support Services' decision, the student shall have the right to submit a written statement of his or her objections to the information. All statements become part of the student's record and are confidential. The decision of the Board is final. G. Access to Records with Consent of Student The district may permit access to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient will be notified by the Records Officer (Form C, Transfer of Information by Third Parties) that the transmission of the information to others without the written consent of the student is prohibited. The consent note shall be permanently kept with the student's record file. H. Access to Records by Persons without Written Consent of Student or Under Judicial Order 10/10/2011 Meeting of College Council Page 26 Access is not authorized to student records to any person without the written consent of the student or under judicial order except that access may be permitted to the following individuals or agencies: 1. An official or employee of the district, if that person has a legitimate educational interest to inspect a record. 2. An authorized representative of the Comptroller General of the United States, the Secretary of Education, an administrative head of an agency, state education official or respective designee, or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law except that, when the collection of personally identifiable information is specifically authorized by federal law, any data collected by these officials shall be protected in a manner that will not permit the personal identification of students or their parents when no longer needed for that audit, evaluation, and enforcement of federal legal requirements. 3. Any other state or local official or authority to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974. 4. An official of another public or private school or school system, including a local, county, or state correctional facility where an educational program is provided where the student seeks or intends to enroll or is directed to enroll, subject to the rights of students as provided by Education Code Section 76225, Transfer of Records. 5. An agency or organization in connection with a student's application for or receipt of financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding financial aid, or to enforce the terms and conditions of the financial aid. 6. An accrediting organization in order to carry out its accrediting functions. 7. An organization conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner that will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose. 8. An appropriate person in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretaries of Education or Health and Welfare. No person, persons, agency, or organization permitted access to student records pursuant to this policy shall permit access to any information obtained from the records by any other person, persons, agency, or organization without the written consent of the student, provided that this paragraph shall not require prior student consent when information obtained pursuant to this policy is shared with other persons within the district, agency, or organization obtaining access so long as those persons have a legitimate educational interest in the information. I. Disciplinary Actions 10/10/2011 Meeting of College Council Page 27 The district will include information in the student record of disciplinary action taken by district personnel in connection with the student. The student shall be allowed to include in such record a written statement or response concerning the disciplinary action (this section shall be coordinated with Board Policy 505, Student Discipline). J. Sexual Assault or Physical Abuse The alleged victim of any sexual assault or threat of physical abuse as defined by Education Code Section 76243(b) or any conduct that threatens the health and safety of the alleged victim which is the basis of any disciplinary action taken by the district, shall be permitted access to that information. The access to student record information shall be in the form of notice of the results of any disciplinary action by the district and the result of any appeal, which shall be provided to the alleged victim within three working days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential (this section shall be coordinated with Board Policy 505, Student Discipline). K. Judicial Orders and Subpoenas 1. Upon receipt of a court order, the Records Officer will furnish the student record to comply with the order. Reasonable efforts will be made by the Records Officer to notify the student in advance of such compliance (Form F, Notification of Judicial Order or Subpoena), if lawfully possible, within the requirements of the judicial order . A copy of the order will be filed with the student record. 2. Subpoenas for a student record will be complied with, by the Records Officer, only if by court order. All other subpoenas will be returned with reasons stated (Form G, Declination to Comply with Subpoena for Student Record). Efforts will be made by the Records Officer to notify the student of a court order or subpoena (Form F, Notification of Judicial Order or Subpoena). L. Copy Charges The district will charge a $15 fee per request for copies of a complete student record, where the request is not by court order. Copies for transcripts shall be in accordance with Education Code Section 76223. M. Records Maintenance and Destruction The maintenance, retention, and destruction of student records, where not otherwise specifically provided for, shall be in accordance with this policy, Education Code Sections 70901 and 76220, and Education Code Section 59020, General Provisions for Retention and Destruction of Records. N. Employee Responsibilities Related to Student Records, Including Electronic Records Employees of the college who have access to electronic student records are responsible for being aware of and for complying with the college regulations regarding the privacy of student records 10/10/2011 Meeting of College Council Page 28 (see also AR 824.01, Use of Information Resources). 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. O. Violations Violation of regulations regarding the use of information and/or regulations related to student records is grounds for imposing disciplinary action up to and including dismissal from employment and legal action. Approved: June 1980 Revised: 3/6/95; 11/5/02 10/10/2011 Meeting of College Council Page 29 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Instructional Materials Fee This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, comments) Cheryl Tucker Student Services Revision AP 5031 AR 107.02 Cheryl Tucker, Kathy Goodlive, Keith SnowFlamer Education Code Section 76365; Title 5 Section 59400 et seq. North Orange County, Cerritos, Yuba, Palomar CR Curriculum Committee web-site Dr. Keith Snow-Flamer Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 10/10/2011 Meeting of College Council Page 30 7/19/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Policy Proposed AP 5031 INSTRUCTIONAL MATERIALS FEES Students may be required to provide instructional and other materials required for a credit or non-credit course. Such materials shall be of continuing value to a student outside of the classroom setting and shall not be solely or exclusively available from the District. Definitions "Instructional and other materials" means any tangible personal property which is owned or primarily controlled by an individual student. “Tangible personal property” includes electronic data that the student may access during the class and store for personal use after the class in a manner comparable to the use available during the class.” "Required instructional and other materials" means any instructional and other materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which is necessary to achieve those required objectives of a course which are to be accomplished under the supervision of an instructor during class hours. "Solely or exclusively available from the District" means that the material is not available except through the District, or that the District requires that the material be purchased or procured from it. A material shall not be considered to be solely or exclusively available from the District if it is provided to the student at the District's actual cost; and 1) The material is otherwise generally available, but is provided solely or exclusively by the District for health and safety reasons; or 2) The material is provided in lieu of other generally available but more expensive material which would otherwise be required. "Required instructional and other materials which are of continuing value outside of the classroom setting" are materials which can be taken from the classroom setting and which are not wholly consumed, used up, or rendered valueless as they are applied in achieving the required objectives of a course to be accomplished under the supervision of an instructor during class hours. Establishing Required Materials and Related Fees For new courses requesting fees or existing courses requesting new or revised fees, the process established by the Curriculum Committee for recommending such fees shall be followed. Once approved, the recommendation for collection is forwarded to the Chief Instructional Officer for approval. If approved, the fee will be published in the schedule of classes and will be considered a condition of enrollment for the course in question. Fees are collected with enrollment fees. The Office of Instruction responds to inquiries from the State Chancellor’s Office. 10/10/2011 Meeting of College Council Page 31 References: Education Code Section 76365; Title 5 Section 59400 et seq. Revision Adopted: XX/XX/XXXX Former Administrative Regulation No. 107.02 Approved: Feb 3, 1986 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 107 Administrative Regulation No. 107.02 INSTRUCTIONAL AND OTHER MATERIALS College of the Redwoods has a strong commitment to ensuring accessibility to all of its programs and services for all residents of the Redwoods Community College District. As a matter of fiscal responsibility, students may be required to provide instructional and other materials required for a credit or noncredit course. Requirements for assessing the students a fee for instructional and other materials shall be in accordance with California Administrative Code, Title 5, Sections 59400 through 59408. Students of College of the Redwoods may be required to provide instructional and other materials required for a credit or noncredit course, provided that the provisions for assessing a fee for the course conform to the following guidelines: (1) The materials shall be tangible personal property which are owned or primarily controlled by an individual student; and, (2) The materials are of a continuing value to the student outside of the classroom setting, and the material is not wholly consumed, used up or rendered valueless as it is applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during class hours; and, (3) The material shall not be solely or exclusively available from the District except if it is provided to the student at the District's actual cost; and that the material is otherwise generally available, but is provided by the District for health and safety reasons, or that the material is provided in lieu of other generally available but more expensive material which would be otherwise required. Any materials not meeting these guidelines will be provided by the Redwoods Community College District to its students at no cost to the student. 10/10/2011 Meeting of College Council Page 32 A list of all instructional and other materials to be required in a course will be made available for students no later than the first class meeting of each term. The list will be made available by the instructor of the course, the Division Office, the Center Dean, or the College Bookstore. Every effort will be made to identify in the schedule of classes each semester those courses in which materials in addition to textbooks and syllabi may be required. Adopted by Board of Trustees: February 3, 1986 10/10/2011 Meeting of College Council Page 33 Constituent Review Ends 10/10/2011 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: AUXILIARY ORGANIZATIONS This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Lee Lindsey x4172 Administrative Services Revision BP 3600 / AP 3600 204 Lee Lindsey, Julia Morrison, Garry Patrick, Pru Ratliff Ed Code Sections 70902 and 72670 - 72682; Title 5 sections 59250 et seq. Government Code Sections 12580 – 12599.7 Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name and date) Lee Lindsey 07/06/2011 Date submitted to PPRS Comments: Recommend adoption of League template with a minor change requiring the auxiliary to use the districts accounting information system. Adoption of this policy will also require review of Foundation Bylaws, written agreement between the district and the foundation, and the other requirements of the AP. College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 6/28/11 09/12/11 30 day review ends 10/10/11 10/10/2011 Meeting of College Council Page 34 Constituent Review Ends 10/10/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 3600 AUXILIARY ORGANIZATIONS The Board of Trustees may recognize and approve auxiliary organizations established for the purpose of providing to the District any and all supportive services, specialized programs and functions identified in Title 5. The President/Superintendent shall establish the administrative procedures necessary to fully comply with California law relating to auxiliary organizations, and to submit this policy and those procedures to the state Chancellor’s Office as required by law. At a minimum, the procedures shall address the subjects required by Title 5. Recognition and establishment of auxiliary organizations shall include a public hearing on the recommendation to recognize or establish an auxiliary organization; Board approval of the auxiliary organization; and approval of a written agreement between the District and the auxiliary organization describing the services, programs or functions to be performed. All such written agreements shall comply fully with the requirements of Title 5 Section 59257(j). Any auxiliary organization recognized by the Board of Trustees shall conduct its business in accordance with the administrative procedures adopted by the Superintendent/President pursuant to this policy. Notwithstanding anything contained in the administrative procedures, any auxiliary organization recognized by the Board of Trustees shall comply with Education Code provisions regarding: the composition of a board of directors and the way in which it conducts its meetings; conducting an annual audit; employing its work force; expending and appropriating its funds, and keeping its records. No funds or resources, other than funds or resources derived from gifts or bequests, shall be transferred by the District to any of its auxiliary organizations for the purpose of either avoiding laws or regulations that constrain community college districts or providing the District with an unfair advantage with respect to any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for disabled students. References: Education Code Sections 72670 et seq.; Title 5 Sections 59250 et seq. Adopted by Board of Trustees: Former Policy: BP 204 10/10/2011 Meeting of College Council Page 35 Constituent Review Ends 10/10/2011 COLLEGE OF THE REDWOODS Board of Trustees Policy # 204 IMPLEMENTING REGULATIONS FOR THE ESTABLISHMENT OF AUXILIARY ORGANIZATIONS 1.1 RECOGNITION AND ESTABLISHMENT OF AUXILIARY ORGANIZATIONS Recognition of the establishment of an auxiliary organization by the Board of Trustees pursuant to Education Code Section 72672 (c) and California Code of Regulations, Title 5 Sections 59255 and 59257 (a) shall require: a. That a recommendation is submitted to the Board of Trustees by the President/Superintendent; b. Prior to the recognition of an auxiliary organization, a public hearing to be held at a time, place, and in the manner determined by the Board of Trustees; c. The approval of the establishment of the auxiliary organization by the Board of Trustees. Approval by the Board of Trustees shall include a designation of the recognized services, programs, and functions and an identification of the number and category or categories of members of the Board of Directors of an auxiliary organization; and d. The approval of a written agreement between the District and an auxiliary organization under which one or more of the services, programs, or functions described in Section 59259 are to be performed. 1.2 RECOGNIZED SERVICES, PROGRAMS, AND FUNCTIONS An auxiliary organization may be recognized and established for the purpose of providing supportive services and specialized programs for the benefit of the Redwoods Community College District. The services, programs, and functions which may be undertaken by an auxiliary organization and which have been determined by the Board of Trustees and the Board of Governors to be appropriate are: Student Association or organization activities; Bookstores; Food and campus services; Student union programs; Facilities and equipment, including parking; Loans, scholarships, grants-in-aid; Workshops, conferences, institutes, and federal projects; Alumni activities; Supplementary health services; Gifts, bequests, devises, endowments, and trusts; and Public relations programs. 10/10/2011 Meeting of College Council Page 36 Constituent Review Ends 10/10/2011 No auxiliary organization shall be authorized by the Board of Trustees to engage in any other function unless the Board of Governors amends Section 59259 of Title 5 by adding said function to the list of approved functions of an auxiliary organization; or unless said function is essential to satisfy the nonprofit corporation or tax laws of the State of California or the Federal tax laws. In accordance with Education Code Section 72671, the services, programs, and functions may be performed by an auxiliary organization as part of a joint powers agreement. 1.3 COMPOSITION OF BOARD OF DIRECTORS AND TERM OF OFFICE The Board of Directors of each auxiliary organization shall have the following composition: a. The Board of Directors of student associations or organizations shall consist primarily of students. The President/Superintendent or his/her representative shall attend and participate in meetings of the Board of Directors in order to advise on policy and to provide for the control and regulation required by Education Code Section 76060. b. Any other District-approved organization that is established pursuant to Education Code Section 72670 et seq. shall have a Board of Directors appointed in accordance with the organization's articles of incorporation or bylaws and consisting of voting membership from one or more of the following categories: Administration and staff; Faculty; Members of the Community; and Students. c. The size of the Board of Directors of an auxiliary organization shall be at least large enough to accommodate the one or more categories from which Board Members are selected. d. Each nonprofit corporation that existed prior to the effective date of this policy, and that is subsequently reorganized and established as an auxiliary organization, may continue to be governed by the Board of Directors existing at the time of recognition. e. Each auxiliary organization formed pursuant to Section 72670 et seq. of the Education Code shall have the benefit of the advice and counsel of at least one attorney admitted to practice in the State of California and at least one licensed certified public accountant; however, neither the attorney nor the public accountant need be a member of the Board of Directors. 1.4 BUSINESS MEETINGS The Board of Directors of an auxiliary organization shall conduct its business in public meetings in accordance with Section 54950 et seq. of the Government Code, and shall, during each fiscal year, hold at least two business meetings. 1.5 SALARIES, WORKING CONDITIONS, AND BENEFITS OF FULL-TIME EMPLOYEES a. Except as otherwise provided in these procedures, the Board of Directors of an auxiliary organization shall, pursuant to Education Code Section 72672, provide salaries, working 10/10/2011 Meeting of College Council Page 37 Constituent Review Ends 10/10/2011 conditions, and benefits for its full-time employees that are comparable to those provided District employees who perform substantially similar services. For those full-time employees who perform services that are not substantially similar to the services performed by District employees, the salaries established shall be comparable to the salaries prevailing in other educational institutions or commercial operations of like nature in the area. b. The Board of Directors of an auxiliary organization may provide retirement benefits different from those provided comparable District employees and may withhold retirement benefits or permanent status benefits or both from temporary employees. For the purposes of these procedures, a temporary employee is: (1) An employee employed for a specific research project, workshop, institute, or other special project funded by any grant, contract, or gift; or (2) An employee whose contract of employment is for a fixed term not exceeding three years. c. The Board of Directors of an auxiliary organization may withhold permanent status benefits from executive employees. For the purposes of this rule, an executive employee is any management employee with responsibility for the development and execution of the auxiliary organization's policies and includes, but is not limited to, general managers, managers, directors, and the like as determined by the Board of Directors of an auxiliary organization. d. Should retirement benefits be provided, these may, but need not be provided, by the Public Employees' Retirement System. Any newly created auxiliary organization is exempted from the requirement of providing retirement benefits for a period not to exceed three years from the date on which the Board of Trustees recognizes the establishment of such auxiliary organization. 1.6 EXPENDITURES AND FUND APPROPRIATION The Board of Directors of an auxiliary organization shall approve all expenditure authorizations. Appropriations of funds for use outside of the normal business operations of an auxiliary organization shall be approved in accordance with Board of Trustee policy and further consistent regulations adopted by the President/Superintendent. 1.7 ACCOUNTING AND REPORTING The Board of Directors of an auxiliary organization, except those exempted in Section 72673 of the Education Code, shall: a. Utilize a standard accounting and reporting system established by the President/Superintendent in consultation with representatives of the Board of Governors. b. Implement financial standards which will assure the fiscal viability. Such standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations, capital replacements, contingencies, and adequate provisions for new business requirements. 10/10/2011 Meeting of College Council Page 38 Constituent Review Ends 10/10/2011 c. Should the President/Superintendent determine that any program or appropriation planned by an auxiliary organization is not consistent with District policy, the program or appropriation shall not be implemented. Further, should a program or appropriation which has received approval, upon review be determined by the President/Superintendent to be operating outside the acceptable policy of the Board of Governors or the District, then that program or appropriation shall be discontinued by direction of the President/Superintendent until further review is accomplished and an adjustment is made. 1.8 FUNDS a. All money collected by or on behalf of a student organization shall be deposited in trust by the chief fiscal officer of the District. All such money shall be accounted for properly and, subject to the approval of the President/Superintendent or designee and the appropriate officer of said organization, be deposited or invested in any one or more of the ways specified in Sections 76063 and 76064 of the Education Code. b. Trust funds shall be used specifically for the purpose designated in the instrument creating the trust. c. Funds of an auxiliary organization shall be used for purposes consistent with District policy where applicable, and shall not be used: (1) To support or oppose any candidate for public office, whether partisan or not, or to support or oppose any issue before the voters of this state or any subdivision thereof or any city, municipality, or local governmental entity of any kind. (2) To make personal loans for non-educationally related purposes, except that such loans be made when specifically authorized by a trust instrument under which the funds were received. d. An indemnity bond shall be obtained by an auxiliary organization for its fiscal officer who is responsible for handling funds of the auxiliary organization. e. Grants, bequests, trusts, donations, and gifts accepted by an auxiliary organization shall be maintained in accordance with policies and regulations established by the District. f. Funds derived by an auxiliary organization from indirect costs payments and which are not needed to provide adequate working capital, reserve funds, for current operations, capital replacement, contingencies, and adequate provisions for new business requirements shall be established in a manner consistent with policies established by the District; uses of such funds shall be regularly reported to the Board of Trustees through the President/Superintendent. g. No funds or resources, other than funds or resources derived from gifts or bequests, shall be transferred by the District to any of its auxiliary organizations for the purpose of either avoiding laws or regulations which constrains community college districts or providing the District with an unfair advantage with respect to the application of any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlayfunding, funding for programs and services for handicapped students. 10/10/2011 Meeting of College Council Page 39 Constituent Review Ends 10/10/2011 1.9 AUTHORITY AND RESPONSIBILITY OF AUXILIARY ORGANIZATIONS a. An auxiliary organization shall not offer courses of which state funding is received. b. All services, programs, and activities that may be undertaken by an auxiliary organization shall be maintained for the general benefit of the educational program of the District. Upon Board of Trustees approval, an auxiliary organization may assume any of the services, programs, and activities listed in Section 1.2 in order: (1) To provide the fiscal means and the management procedures that allow the District to carry on educationally-related activities not normally funded by the State; (2) To eliminate the undue difficulty that would otherwise arise under the usual governmental budgetary, purchasing, and other fiscal controls; or (3) To provide fiscal procedures and management systems that allow effective coordination of the auxiliary activities with the District in accordance with sound business practices. c. The President/Superintendent shall decide, after consulting with the donor, whether a donor's proposed gift to the District should be accepted by the District or referred to an auxiliary organization. Gifts to the District thereof shall be accepted under the provisions of Education Code Section 72241 or 72303. Gifts to an auxiliary organization shall be accepted as authorized by these procedures. d. An auxiliary organization may not enter into any contract or other business arrangement involving real property, either by lease or by purchase, without prior notification and consultation with the President/Superintendent and the approval of the Board of Trustees. e. Student loans, scholarships, stipends, and grants-in-aid shall be given to currently admitted students and former students. In no case shall the scholarship, stipend, or grant-in-aid exceed the amount necessary to cover books, school fees, and living expense, except as provided under Section 1.8b. A record of such financial assistance shall be forwarded on a timely basis to the campus financial aid office and shall be documented on student financial aid recipient records kept in that office. All such financial assistance provided from student organization funds shall be approved by the campus financial aid office before such funds are expended and shall not exceed the amounts to be provided under regulations of federal and state financial aid programs. 1.10 RECORD KEEPING a. Records and Annual Audit An auxiliary organization shall maintain adequate records and shall prepare an annual report showing its operations and financial status as may be required by the Board of Governors or District. b. Compliance Review by President/Superintendent 10/10/2011 Meeting of College Council Page 40 Constituent Review Ends 10/10/2011 For an auxiliary organization serving the District, the President/Superintendent's designee shall inspect and review all auxiliary organization procedures and practices to determine compliance with Education Code Sections 72670 through 72682, policies, rules, and regulations of the Board of Governors and the District, any written agreements with the District and the auxiliary organization's articles of incorporation and bylaws, and make his/her recommendations to the President/Superintendent and the Board of Directors of the auxiliary organization. Reports and statements shall cover all activities of the organization. This inspection shall be done at the end of the first complete year after District approval and at least every three years thereafter. c. Audit An auxiliary organization shall have an annual fiscal audit of any and all funds. The audit shall be performed by a certified public accountant in accordance with procedures prescribed by the Board of Governors, as contained in the California Community College Auxiliary Organization Accounting and Reporting System. Copies of the annual report shall be submitted to the Board of Trustees and to the Board of Governors' Office within thirty (30) days after it is received by the auxiliary organization. Thereafter, it shall be a public record, except as otherwise provided by law. Such audit may be conducted as part of a fiscal audit of the District itself. An auxiliary organization shall annually publish an audited statement of their financial condition which shall be disseminated as widely as feasible and be available to any person on request. A reasonable fee may be charged to cover the costs of providing a copy. 1.11 WRITTEN AGREEMENT A written agreement between the Redwoods Community College District and each auxiliary organization is required for the performance by such auxiliary organization of any of the services, programs, and functions listed in Section 1.2. If any auxiliary organization performs more than a single service program or function, then the written agreement may cover any number of functions it performs or a separate agreement may cover each function performed. The written agreement shall, among other things, provide for the following: (a) The services, programs, or functions the auxiliary organization is to manage, operate, or administer. (b) A statement of the reasons for administration of the functions by the auxiliary organization instead of by District under usual District procedures. (c) The areas of authority and responsibility of the auxiliary organization and the District. (d) The facilities and services to be made available by the District to permit the auxiliary organization to perform services, programs, or functions specified in the written agreement. (e) The charge or rental to be paid to the District by the auxiliary organization for the facilities used or services provided in connection with the performance of its function. The charge or 10/10/2011 Meeting of College Council Page 41 Constituent Review Ends 10/10/2011 rental specified shall not require involved methods of computation, and should be identified in sufficient time before it is incurred so that the organization may determine to what extent it shall be liable therefor. (f) Full reimbursement to the District for services performed by the District employees under the direction of or in support of the auxiliary organization. Student auxiliary organizations may be exempt from reimbursing all or any portion of the costs for such services. Methods of proration where services are performed by District employees for the organization shall be simple and equitable. (g) A simple but equitable method of determining in advance to what extent the organization shall be liable for indirect costs relating to federally-sponsored programs. (h) The responsibility for maintenance and payment of operating expenses. (i) Proposed expenditures for public relations or other purposes which would serve to augment District appropriations for operation of the District. With respect to expenditures for public relations or other purposes which would serve to augment District appropriations for operation of the District, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the Board of Directors of the auxiliary organization. (j) The disposition to be made of net earnings derived from the operation of the auxiliary organization, including earnings derived from facilities owned or leased by the auxiliary organization, and provisions for reserves. (k) The disposition to be made of net earnings, assets, and liabilities on dissolution of the auxiliary organization or cessation of operations under the Agreement. (l) The covenant of the auxiliary organization to maintain its organization and to operate in accordance with Sections 72670 through 72682 of the Education Code and with the regulations contained in Chapter 5 (commencing with Section 59250) of Division 10, Part IV of Title 5 of the California Code of Regulations, as well as District Board Rules. 1.12 USE OF COLLEGE OR DISTRICT NAME Except for student associations organized and operated under Education Code Section 76060 et seq., Alumni Association, no organization may use the name of Redwoods Community College District or otherwise represent a relationship with the Redwoods Community College District unless it has been recognized and established as an auxiliary organization by the Board of Trustees and is in good standing with the District. 1.13 ADMINISTRATIVE AUTHORITY The President/Superintendent or his/her designee shall provide, and may from time to time revise, practices in support of these procedures. Such practices shall be in conformance with this policy. 10/10/2011 Meeting of College Council Page 42 Constituent Review Ends 10/10/2011 1.14 DEFINITIONS a. Board of Directors The term Board of Directors as used herein means the governing board of an auxiliary organization. b. Board of Trustees The term Board of Trustees as used herein means the Board of Trustees of the Redwoods Community College District. c. Board of Governors The term Board of Governors as used herein means the Board of Governors of the California Community Colleges. d. President/Superintendent The term President/Superintendent as used herein means President of College of the Redwoods and Superintendent of the Redwoods Community College District. e. District The term District as used herein means the Redwoods Community College District. Adopted by the Board of Trustees: September 12, 1994 10/10/2011 Meeting of College Council Page 43 Constituent Review Ends 10/10/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3600 AUXILIARY ORGANIZATIONS Definitions Board of Directors -- The term board of directors as used herein means the governing board of an auxiliary organization. Board of Trustees -- The term Board of Trustees as used herein means the Board of Trustees of the District. Board of Governors -- The term Board of Governors as used herein means the Board of Governors of the California Community Colleges. President/Superintendent -- The term President/Superintendent as used herein means the President/Superintendent of the District or designee. District -- The term District as used herein means the Redwoods Community College District. Associated Student Body -- The terms Associated Student Body, Associated Student Organization, Student Association, Student Organization, or ASB as used herein means an organization formed by any group of students from a college of the District in accordance with the provisions of Education Code Section 76060. All clubs and organizations recognized by an Associated Student Body or Organization shall be included in any auxiliary organization established by the Student Body or Organization. Recognition and Establishment of Auxiliary Organizations The President/Superintendent shall submit a recommendation to the Board of Trustees to establish an auxiliary organization when the organization will serve the District. The recommendation includes, but is not limited to, the following: The purpose(s) for which the auxiliary organization is to be established; Whether the proposed auxiliary organization will primarily serve the District or a particular District; The functions which the auxiliary organization is intended to perform; The proposed bylaws and articles of incorporation for the auxiliary organization, including the size and composition of the board of directors; and The proposed written agreement between the auxiliary organization and the District, as required in Title 5 Section 59259. The process of recognition shall be as follows: 10/10/2011 Meeting of College Council Page 44 Constituent Review Ends 10/10/2011 When the President/Superintendent receives a request to establish an auxiliary organization, the President/Superintendent shall submit a recommendation concerning the establishment of said organization to the Board of Trustees within three months. The Board of Trustees shall hold a public hearing on each recommendation concerning the establishment of an auxiliary organization. At a subsequent scheduled meeting after the public hearing, the Board shall announce its decision concerning the establishment of the organization, and, if approved, authorize the functions it may perform, identify the number and category or categories of the board of directors and approve contractual arrangements. At such time as the District recognizes an auxiliary organization, it shall submit to the state Chancellor’s Office any written agreements with the auxiliary organization, as well as the articles of incorporation, bylaws, or other governing instruments. Recognized Services, Programs and Functions Auxiliary organizations may be recognized and established by the Board of Trustees to perform the following services, programs and functions: Student association or organization activities; Bookstores; Food and campus services; Student union programs; Facilities and equipment, including parking; Loans, scholarships, grants-in-aid; Workshops, conferences, institutes and federal and specially funded projects; Alumni activities; Supplementary health services; Gifts, bequests, devises, endowments and trusts; and Public relations programs. No auxiliary organization shall be authorized by the Board of Trustees to engage in any other function unless the Board of Governors amends Section 59259 of Title 5 by adding said function to the list of approved functions of auxiliary organizations. This section shall not be construed to prohibit an auxiliary organization from taking actions essential to satisfy the non-profit corporation or tax laws of the State of California or the Federal tax laws. Operations of commercial services on a campus shall be self supporting when operated by an auxiliary organization. Authority and Responsibility of Auxiliary Organizations 10/10/2011 Meeting of College Council Page 45 Constituent Review Ends 10/10/2011 Participation in workshops, conferences, or institutes offered by auxiliary organizations shall not be included in reports to the state for the purpose of receiving apportionment funding. All services, programs and activities that may be undertaken by an auxiliary organization shall be maintained for the general benefit of the educational program of the District. Upon approval by the Board of Trustees, an auxiliary organization may assume any of the services, programs and activities listed in these procedures in order: To provide the fiscal means and the management procedures that allow the District to carry on educationally related activities not normally funded by State apportionment; To eliminate the undue difficulty that would otherwise arise under the usual governmental budgetary, purchasing, and other fiscal controls except as expressly prohibited by the Education Code or Title 5 or the District’s procedures; or To provide fiscal procedures and management systems that allow effective coordination of the auxiliary activities with the District in accordance with sound business practices. Composition of Boards of Directors The board of directors of each auxiliary organization shall have the following composition: Student Associations or Organizations -- The board of directors shall consist primarily of students. The [designate position] may attend and participate in meetings of the board of directors in order to advise on policy and to provide for the control and regulation required by Education Code Section 76060. Other Auxiliary Organizations -- Any other District approved auxiliary organization that is established pursuant to Sections 72670 et seq. of the Education Code shall have a board of directors appointed in accordance with the organization's articles of incorporation or bylaws and consisting of voting membership from one or more of the following categories: administration, staff; members of the community; students. The size of the board of directors of an auxiliary organization shall be at least large enough to accommodate the one or more categories from which board members are selected. The board of directors shall have the advice and counsel of at least one attorney admitted to practice in California and at least one certified public accountant. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant. Conduct of Boards of Directors No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he/she is a member. Any contract or transaction entered into in violation of this section is void. No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Education Code Section 72677; nor shall any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met: 10/10/2011 Meeting of College Council Page 46 Constituent Review Ends 10/10/2011 The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members. The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. The provisions of Section 5(2) above shall not be applicable if any of the following conditions are met: The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization. The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest. The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of five percent or more of the outstanding common stock. A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Education Code Section 72677 and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. It is unlawful for any person to utilize any information, not a matter of public record, which is received by the person by reason of his/her membership on the board of directors of an auxiliary organization, for personal pecuniary gain, regardless of whether he or she is or is not a member of the board at the time such gain is realized. Bylaws The bylaws of an auxiliary organization shall include, but not be limited to, specifying: The number of members of the board of directors, the categories from which members shall be selected and the method by which they shall be selected. The size of the board of directors. That at least one public business meeting will be held each quarter. The time table for the preparation and adoption of its program and annual budget and the submission of both for review to the President/Superintendent. That an attorney admitted to practice in this state and a licensed certified public accountant shall be selected to provide advice and counsel to the board of directors. Each shall have experience appropriate to the responsibility and shall have no financial interest in any contract or other transaction entered into by the board which he/she serves. 10/10/2011 Meeting of College Council Page 47 Constituent Review Ends 10/10/2011 Neither the attorney nor the certified public accountant needs to be a member of the board of directors. The procedures for approving expenditures. The procedures for accepting gifts, donations, bequests, trusts and specially funded grants and other income. Master Agreement between District and Auxiliary Organizations In the recognition and establishment of an auxiliary organization, there shall be a written agreement between the District and the auxiliary organization which sets forth the purposes of the auxiliary organization as permitted under this procedure and Title 5 Section 59259. Should an auxiliary organization provide more than one service, program or function, such service, program or function may be authorized in one of more written contracts with the District. Such services, programs, and functions thereby performed by an auxiliary organization may also be part of a joint powers agreement in accordance with Education Code Section 72671 and Government Code Sections 6500 et seq. An auxiliary organization shall provide only those services, programs, or functions authorized by a written agreement. No other service, program, or function shall be permitted or performed unless a written agreement between the District and the auxiliary organization is amended to provide otherwise. The agreement shall include, but is not limited to, the following provisions: The services, programs, or functions the auxiliary organization is to manage, operate, or administer. A statement of the reasons for administration of the functions by the auxiliary organization instead of by the District under usual District procedures. The areas of authority and responsibility of the auxiliary organization and the District or College. The facilities and services to be made available by the District to permit the auxiliary organization to perform the services, programs, or functions specified in the written agreement. The charge or rental to be paid to the District by the auxiliary organization for the facilities used or services provided in connection with the performance of its function. The charge or rental specified shall be identified in sufficient time before it is incurred so that the organization may determine to what extent it is liable. Full reimbursement to the District for services performed by the District or by District employees in support of the auxiliary organization. No more than 50% of the reimbursement may be made in the form of non-monetary benefits that the auxiliary organization provides to the District, such as increased community awareness or other such benefits that are agreed upon by authorized District officials and the auxiliary organization. The District shall assign a good-faith reimbursement value to such nonmonetary benefits. Student body auxiliary organizations may be exempt from 10/10/2011 Meeting of College Council Page 48 Constituent Review Ends 10/10/2011 reimbursing all or any portion of the costs for such services. Methods of proration where services are performed by District employees for the organization shall be as mutually determined. A mutually agreed upon method of determining in advance to what extent the organization shall be liable for indirect costs relating to specially funded programs (including federally sponsored programs.). The responsibility for maintenance and payment of operating expenses. Proposed expenditures for public relations or other purposes which would serve to augment District appropriations for operation of the District. With respect to these expenditures, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the board of directors of the auxiliary organization. The board of directors shall file with the President/Superintendent a statement of such policy on accumulation and use of public relations funds. The statement shall include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control. The disposition to be made of net earnings derived from the operation of the auxiliary organization, including earnings derived from facilities owned or leased by the auxiliary organization, and provisions for reserves. The disposition to be made of net assets and liabilities on dissolution of the auxiliary organization or cessation of the operations under the agreement. The covenant of the auxiliary organization to maintain its organization and to operate in accordance with Sections 72670 through 72682 of the Education Code and with the regulations contained in Title 5 Sections 59250 et seq. as well as District Board Policy. The understanding that the auxiliary organization shall obtain the services and counsel of an attorney admitted to practice in the State of California whenever the need arises. The understanding that the auxiliary organization shall not enter into any contract or other business arrangement involving real property either by lease involving payments of more than $25,000 per annum and duration terms of more than one year, or by purchase without prior notification and consultation with the President/Superintendent. Personnel Each auxiliary organization shall develop general regulations to govern its operations, including policies and regulations concerning the salaries, working conditions and benefits of its employees. The aforesaid regulations shall not conflict with the implementing policies adopted by the Board of Trustees or with these procedures. Except as otherwise provided in any board rules, the board of directors of each auxiliary organization shall, pursuant to Education Code Section 72672, provide salaries, working conditions and benefits for its full-time employees that are comparable to those provided District employees performing substantially similar services. For those full-time employees who perform services that are not substantially similar to the services performed by District 10/10/2011 Meeting of College Council Page 49 Constituent Review Ends 10/10/2011 employees, the salaries established shall be comparable to the salaries prevailing in other educational institutions in the area or commercial operations of like nature in the area. Regular District employees may be employed by the auxiliary organization. District employees must resign or request a personal leave of absence from the District in order to accept employment with the auxiliary organization. District officers and employees who are required by the District’s Conflict of Interest Code (AP 2712) to file disclosure of financial information are responsible to determine whether or not they are eligible to accept employment with the auxiliary organization immediately upon resignation from the District. Educational Administrators or other Management Employees may be granted a personal leave of absence for two semesters, which may be extended to a maximum of ten consecutive semesters. Classified management employees may be granted a personal leave of absence for up to one year. This leave may not be extended beyond one year without the employee first having returned to active duty. Academic (faculty) employees may be granted personal leave of absence for two semesters. The leave may be extended for not more than six consecutive semesters. Classified employees may be granted a personal leave of absence for up to one year. This leave may not be extended beyond one year without the employee first having returned to active duty. The board of directors of each auxiliary organization may provide retirement benefits different from those provided comparable District employees and may withhold retirement benefits or permanent status benefits or both from temporary employees. For the purposes of this Procedure, a temporary employee is: An employee employed for a specific research project, workshop, institute or other special project funded by any grant, contract or gift; or An employee whose contract of employment is for a fixed term not exceeding three years. The board of directors of each auxiliary organization may withhold permanent status benefits from executive employees. For the purposes of this procedure, an executive employee is any management employee with responsibility for the development and execution of the auxiliary organization's policies and includes, but is not limited to, general managers, managers, directors and the like, as determined by the board of directors of each auxiliary organization. Should retirement benefits be provided, they may but need not be provided by the Public Employees' Retirement System. Any newly created auxiliary organization is exempted from the requirement of providing retirement benefits for a period not to exceed three years from the date on which the Board of Trustees recognizes the establishment of such auxiliary organization. An auxiliary organization may contract with the District for the services of a District employee and reimburse the District for that portion of the employee's full-time assignment (and corresponding benefits) that is spent in providing said services. 10/10/2011 Meeting of College Council Page 50 Constituent Review Ends 10/10/2011 Accounting and Reporting for Auxiliary Organizations The fiscal year of the auxiliary organization shall coincide with that of the District. Each auxiliary organization shall develop an accounting system, utilizing the districts accounting information system, that is in accordance with generally accepted accounting principles. The auxiliary organization shall implement financial practices that will assure its fiscal viability. Such standards shall include professional management, adequate working capital, adequate reserve funds for current operations, capital replacements, contingencies and adequate provisions for new business requirements. Each auxiliary organization serving the District shall submit its programs and budgets for review at a time and in a manner specified by the President/Superintendent, for entry into the districts accounting information system. Accounting transactions will be recorded, as appropriate, in the districts accounting information system. Funds derived from indirect cost payments shall only be appropriated with the specific approval of the President/Superintendent. All uses of such funds shall be regularly reported to the District’s Board of Trustees. Should the President/Superintendent determine that any program or appropriation planned by an auxiliary organization is not consistent with District policy, the program or appropriation shall not be implemented. Further, should a program or appropriation which has received approval, upon review, be determined by the President/Superintendent to be operating outside the acceptable policy of the Board of Governors or the District, then that program or appropriation shall be discontinued by direction of the President/Superintendent until further review is accomplished and an appropriate adjustment is made. The board of directors of an auxiliary organization shall approve all expenditure authorizations. Note: The following language applies only if auxiliary organizations receive or accrue in any fiscal year gross revenues of $2 million or more. If the auxiliary organization receives or accrues in any fiscal year gross revenue of two million dollars ($2,000,000) or more, it shall also include in its bylaws an audit committee appointed by the board of directors. The audit committee may include persons who are not members of the board of directors, but the member or members of the audit committee shall not include any members of the staff, including the president or chief executive officer and the treasurer or chief financial officer. If the auxiliary committee has a finance committee, it must be separate from the audit committee. Members of the audit committee shall not receive any compensation from the corporation in excess of the compensation, if any, received by members of the board of directors for service on the board and shall not have a material financial interest in any entity doing business with the corporation. Subject to the supervision of the board of directors, the audit committee shall be 10/10/2011 Meeting of College Council Page 51 Constituent Review Ends 10/10/2011 responsible for recommending to the board of directors the retention and termination of the independent auditor and may negotiate the independent auditor's compensation, on behalf of the board of directors. The audited financial statements shall be available for inspection by the Attorney General and shall be made available to members of the public. The board of directors, or an authorized committee of the board, shall review and approve the compensation, including benefits, of the President or Chief Executive Officer and the Treasurer or Chief Financial Officer to assure that it is just and reasonable. This review and approval shall occur initially upon the hiring of the officer, whenever the term of employment, if any, of the officer is renewed or extended, and whenever the officer's compensation is modified. Separate review and approval shall not be required if a modification of compensation extends to substantially all employees. Records and Annual Report of Auxiliary Organizations Personnel and payroll records shall be maintained as permanent records by each auxiliary organization. Adequate records of all other transactions of an auxiliary organization shall be maintained for a minimum of five years. Transactions of the organization include, but are not limited to, purchases, disbursements, and investments. An annual report shall be submitted to the board of directors of the auxiliary organization and to the President/Superintendent by September 15. The report shall include, but is not limited to: All financial statements required to be filed with the state Chancellor’s Office A comparison of budgeted and actual expenditures A description of major accomplishments of the organization A description of improvements proposed for operation of the organization. Annual Audit Each auxiliary organization shall have an annual fiscal audit of any and all funds. The audit shall be performed by a certified public accountant in accordance with procedures prescribed by the state Chancellor. Copies of the annual audit report shall be submitted to the Board of Trustees and to the state Chancellor’s Office within 30 days after it is received by the auxiliary organization. Thereafter, it shall be a public record, except as otherwise provided by law. Such audits may be conducted as part of a fiscal audit of the District itself. Auxiliary organizations shall annually publish an audited statement of their financial condition, which shall be disseminated as widely as feasible and be available to any person on request. A reasonable fee may be charged to cover the costs of providing a copy. An auxiliary organization shall comply with this requirement by: Publishing the audited financial statement in a campus newspaper; or 10/10/2011 Meeting of College Council Page 52 Constituent Review Ends 10/10/2011 Publishing a notice in a campus newspaper indicating the on-campus location where copies of the financial statement may be obtained or reviewed; or Publishing or noticing the audited statement in a campus bulletin or other appropriate medium if a campus newspaper is unavailable. Insurance An auxiliary organization shall secure and maintain insurance adequate to protect its operations from catastrophic losses and as required by law, including but not limited to, the following: Comprehensive liability; Property and extended coverage, when applicable; All risks, money and securities; Fidelity and performance bonds covering its chief fiscal officer; Automotive liability when applicable; and Workers' Compensation In any insurance policy secured by the auxiliary organization, the District shall be named as additional insured. A copy of each policy or endorsement or insurance certificates setting forth the coverage and limits shall be provided to the District within 30 days from the receipt of the document. In obtaining the insurance coverage, the auxiliary organization may secure the insurance directly through its own broker or through the District. Auxiliary Organizations: Use of Facilities Facilities may be made available by the District to an auxiliary organization to perform the functions specified in these regulations or in an agreement, under the following circumstances: The auxiliary organization may occupy, operate and use such District facilities as are mutually identified as appropriate for the functions and/or activities that have been undertaken by the auxiliary organization. The auxiliary organization shall pay to the District a charge or rental for the District facilities to be used by it in connection with the performance of its function or functions. The charge or rental to be paid by the auxiliary organization shall not require involved methods of computation, and shall be identified by the District and the auxiliary organization in sufficient time before it is incurred so that the auxiliary organization may determine to what extent it shall be liable. The charge or rental to be incurred by an auxiliary organization for use of District facilities in excess of five days shall be incorporated into the agreement between the parties. An auxiliary organization shall provide full reimbursement to the District for any services performed by District employees under the direction of the auxiliary organization. 10/10/2011 Meeting of College Council Page 53 Constituent Review Ends 10/10/2011 Methods of proration where services are performed by District employees for the auxiliary organization shall be simple and equitable. List of Auxiliary Organizations in Good Standing Each year, the President/Superintendent shall provide to the Board of Trustees a list of all auxiliary organizations in good standing. All auxiliary organizations which, after periodic review in the manner specified hereinafter in these regulations, are found to be in compliance with applicable laws, policies and regulations shall be included in the list. When the President/Superintendent has reason to believe that a particular organization should be removed from the list of auxiliary organizations in good standing, a conference shall be held to determine whether such grounds for removal do in fact exist. The board of directors of such organization shall be entitled to participate in this conference, and shall have a minimum of one month notice to prepare response to the issues which have been raised. Based upon such conference, the President/Superintendent shall decide whether the particular organization shall be removed from the list of auxiliary organizations in good standing. An organization so removed shall not be permitted to do any of the following: Use the name of the District; Have as a director any official in the District acting in his/her official capacity; Operate a commercial service for the benefit of the District or any of its colleges; and Receive gifts, property, or funds to be used for the benefit of the District or any of its colleges. If the auxiliary organization is dissolved or ceases operations upon removal from the list of organizations in good standing, its net assets and liabilities shall be distributed according to the terms of the written agreement between the organization and the District. Limitation on Transfer of Funds to Auxiliary Organizations No funds or resources, other than funds or resources derived from gifts or bequests, shall be transferred by the District to any of its auxiliary organizations for the purpose of either avoiding laws or regulations which constrain community college districts or providing the District with an unfair advantage with respect to the application of any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for handicapped students. Compliance Review by President/Superintendent All auxiliary organization procedures and practices shall be reviewed to determine compliance with Education Code Sections 72670 et seq. and the policies, rules and regulations of the Board of Governors, and of the District. The President/Superintendent shall designate the individual to conduct this review, which shall be conducted at the end of the first complete fiscal year after its establishment and at least once every three years thereafter. 10/10/2011 Meeting of College Council Page 54 Constituent Review Ends 10/10/2011 When the President/Superintendent’s designee determines, after inspection and review, that certain auxiliary organization procedures and practices are not in compliance with policies, rules and regulations of the Board of Governors and the District, a recommendation concerning the items of noncompliance shall be communicated in writing to the President/Superintendent and to the board of directors of the auxiliary organization. The board of directors shall reply in writing within one month, either describing the actions which will be taken, including time table, to bring said procedures and practices into compliance; or describing the reasons why the board considers the procedures already to be in compliance. If the President/Superintendent’s designee considers the proposed corrective actions to be acceptable, the auxiliary organization shall be so informed. A second compliance review shall be held at the end of the time agreed to and the results communicated in writing to the President/Superintendent and to the board of directors. When the auxiliary organization fails to provide an acceptable proposal for corrective actions or fails to implement successful corrective actions within the agreed upon time, the President/Superintendent shall inform the board of directors of such further action as he/she considers appropriate, which may include a recommendation to the Board of Trustees for termination of the contract. Revision of Rules and Procedures and Reports to the state Chancellor’s Office Rules and procedures for the administration of auxiliary organizations may be revised as necessary by the President/Superintendent or designee. The board of directors of each auxiliary organization in good standing shall be promptly notified in writing of such revisions and be informed of the date by which any changes in the organization's procedures must be accomplished. Any such revisions shall be submitted to the state Chancellor’s Office for approval. The District shall report, as may be required from time to time, on the operation of its auxiliary organizations. References: Education Code Sections 72670 et seq.; Government Code Sections 12580 et seq.; Title 5 Sections 59250 et seq. Approved by Board of Trustees: Former Policy BP 204, “Implementing Regulations for the Establishment of Auxiliary Organizations,” Adopted by the Board of Trustees: 9/12/94 10/10/2011 Meeting of College Council Page 55 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Admissions and Concurrent Enrollment This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, and comment) Date submitted to PPRS Comments: Cheryl Tucker x4293 Admissions & Records/Student Services Revision BP 5010 BP 502 Enrollment of Minors Kathy Goodlive, Cheryl Tucker Ed Code Sections 48800-48802, 76000, 76001, 76002; labor Code Section 3077 Mt. San Antonio, North Orange County, Lost Angeles County, Gavilan, Riverside, College of the Sequoias, Palo Verde 6/28/11 This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Sue Alton, sue-alton@redwoods.edu x 4199 Format cleared (i.e. titles, font, style) OK Same language except #1 – CCLC states “Any Content reviewed with CCLC format person over the age of 18 and possessing a high school diploma or its equivalent.” Attachment removed “over the age of 18.” Quick scan of codes - ok Legal concerns See comment box below Date returned to originator Date submitted to College Council 7/22/11 Comments: Recommend legal review regarding #1. The following colleges included over the age of 18: Gavilan, Palomar, North Orange, Cerritos, Palo Verde, Sequoias The following colleges did not include over the age of 18: Yuba, Los Angeles College Council Tracking 10/10/2011 Meeting of College Council Page 56 45 day constituent review ends 09/26/11 First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 6/28/11 08/01/11 45 day constituent review ends 09/26/11 10/10/2011 Meeting of College Council Page 57 45 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed BP 5010 ADMISSIONS AND CONCURRENT ENROLLMENT The District shall admit students who meet one of the following requirements and who are capable of profiting from the instruction offered: 1. Any person possessing a high school diploma or its equivalent. 2. Other persons who are over the age of 18 years and who, in the judgment of the President/Superintendent or his or her designee are capable of profiting from the instruction offered. Such persons shall be admitted as provisional students, and thereafter shall be required to comply with the District's rules and regulations regarding scholastic achievement and other standards to be met by provisional or probationary students as a condition to being readmitted in any succeeding semester. 3. Persons who are apprentices as defined in Section 3077 of the Labor Code. Admission of Special Part-time and Full-time Students Any student whose age or class level is equal to grades nine or above is eligible to attend as a special part-time student for advanced scholastic or vocational courses. Any student enrolled in grades 9 through 12 may attend summer session. The President/Superintendent shall establish procedures regarding ability to benefit and admission of high school and younger students. Denial of Requests for Admission If the Board denies a request for special full-time or part-time enrollment by a pupil who is identified as highly gifted, the Board will record its findings and the reason for denying the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that occurs at least 30 days after the pupil submits the request to the district. The President/Superintendent shall establish procedures regarding evaluation of requests for special full time or part time enrollment by a pupil who is identified as highly gifted. Claims for State Apportionment for Concurrent Enrollment Claims for state apportionment submitted by the district based on enrollment of high school pupils shall satisfy the criteria established by statute and any applicable regulations of the Board of Governors. The President/Superintendent shall establish procedures regarding compliance with statutory and regulatory criteria for concurrent enrollment. See Administrative Procedure AP 5010. 10/10/2011 Meeting of College Council Page 58 45 day constituent review ends 09/26/11 Reference: Education Code Section 76000, 76001, 76002; Labor Code Section 3077 Revision Adopted: XX/XX/XXXX Former Board Policy No. 502 “Enrollment of Minors” Adopted: August 15, 1977 Amended: June, 1993; March 1994 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 502 ENROLLMENT OF MINORS The Board of Trustees, under the provisions of Education Code sections 48800, 48800.5, 76000, and 76001, may authorize the enrollment of a limited number of eligible minor students who the Board determines would benefit from advanced scholastic or vocational work. It is the intent of the Board of Trustees to consider the enrollment of eligible minor students in compliance with the District priority admission mandates outlined in Education Code section 76000 and in the District's fulfillment of its educational mission. Further, the Board of Trustees may authorize the acceptance of eligible minor students, when the advanced scholastic and vocational work being requested provides course work otherwise not available to the minor student, when the enrollment of the minor student in college work is not in conflict or in lieu of the compulsory school attendance laws of the state, and when the exceptions to allow enrollment of minors are consistent with the philosophy and mission of the College. Approved by Board of Trustees: August 15, 1977 Revised: June, 1993; March 1994 10/10/2011 Meeting of College Council Page 59 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Admissions and Concurrent Enrollment This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, and comments) Date submitted to PPRS Comments: Cheryl Tucker x4293 Admissions & Records/Student Services Revision AP 5010 None Kathy Goodlive, Cheryl Tucker Ed Code Sections 48800-48802, 76000, 76001, 76002; labor Code Section 3077 Mt. San Antonio, North Orange County, Los Angeles County, Gavilan, Riverside, College of the Sequoias, Palo Verde 6/28/11 This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Sue Alton, sue-alton@redwoods.edu x 4199 Format cleared (i.e. titles, font, style) Content reviewed with CCLC format CCLC points covered except #1 – CCLC states “Any person over the age of 18 and possessing a high school diploma or its equivalent.” Attachment removed “over the age of 18.” Legal concerns Quick scan of codes - ok Recommend legal review regarding change to #1 Date returned to originator Date submitted to College Council Comments: 7/22/11 College Council Tracking First Review 08-01-11 10/10/2011 Meeting of College Council Page 60 45 day constituent review ends 09/26/11 Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 6/28/11 45 day constituent review ends 09-26-11 10/10/2011 Meeting of College Council Page 61 45 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5010 ADMISSIONS The Manager of Admissions and Records, under the direction of the Chief Student Services Officer, has designated authority and responsibility for District admission procedures. Persons eligible for admission: 1. Any person possessing a high school diploma or its equivalent. 2. Other persons who are over the age of 18 years and who, in the judgment of the President/Superintendent or his or her designee are capable of profiting from the instruction offered. Such persons shall be admitted as provisional students, and thereafter shall be required to comply with the District's rules and regulations regarding scholastic achievement and other standards to be met by provisional or probationary students as a condition to being readmitted in any succeeding semester. 3. Persons who are apprentices as defined in Section 3077 of the Labor Code. All students must complete an application to be admitted to the college. Applicants may apply for college admission on-line by going to the College of the Redwoods website or by completing a paper New Student Application Form. Admission of all students includes determination of residency in the State of California. Students who are under 18 years of age who have not earned a high school diploma or its equivalent will only be admitted in accordance with the “concurrent enrollment” procedures (see Administrative Procedure AP 5011). International students must complete a special application that will be provided upon request from the Admissions and Records Office (see Administrative Procedure AP 5012). Specific and current admission procedures are published in the schedule of classes, catalog, and the college web site. References: Education Code 76000 Adopted: XX/XX/XXXX No prior Administrative Procedure 10/10/2011 Meeting of College Council Page 62 10/10/2011 Meeting of College Council Page 63 45 day constituent review ends 09/26/11 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Admissions and Concurrent Enrollment This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Sr. Administrator Review (Name, date, and comments) Date submitted to PPRS Comments: Cheryl Tucker x4293 Admissions & Records/Student Services New AP 5011 AR 502.01Enrollment of Minors Kathy Goodlive, Cheryl Tucker Ed Code Sections 48800-48802, 76000, 76001, 76002; labor Code Section 3077 Mt. San Antonio, North Orange County, Los Angeles County, Gavilan, Riverside, College of the Sequoias, Palo Verde 6/28/11 This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Sue Alton, sue-alton@redwoods.edu x 4199 Format cleared (i.e. titles, font, style) ok Content reviewed with CCLC format Change in Title from CCLC format Second paragraph – The beginning of the sentence is not CCLC language / it seems to state opinion rather than procedure. It was difficult to compare the CCLC template to the procedure – recommend legal review Legal concerns Quick scan of codes - ok Recommend legal review – complicated procedure Date returned to originator Date submitted to College Council Comments: 7/22/11 10/10/2011 Meeting of College Council Page 64 45 day constituent review ends 09/26/11 College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 6/28/11 08/01/11 45 day constituent review ends 09/26/11 10/10/2011 Meeting of College Council Page 65 45 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5011 ADMISSION AND CONCURRENT ENROLLMENT OF SPECIAL PART-TIME HIGH SCHOOL STUDENTS College of the Redwoods may permit the admissions of minor students who, in the opinion of the Superintendent/President, or designee, can benefit from the College’s advanced scholastic or vocational curricula under the following conditions. High school students may be admitted under the following conditions. In order to provide educational enrichment opportunities for a limited number of eligible students rather than to reduce current course requirements of high school students, the President/Superintendent or his or her designee may admit any student grades nine or above as a special part-time student for the purpose of enrolling in advanced scholastic or vocational courses under the provisions of Education Code, Sections 48800, 48800.5 and 76001. All special part-time students are assigned a low enrollment priority in order to ensure that they do not displace regularly admitted students. Authority to restrict the admission or enrollment of a special part-time student based on age, grade-level completion, current school performance or assessment and placement procedures in conformance with matriculation regulations and other course or program prerequisites remains the prerogative of the college. Eligible special part-time students and their parents should be aware that while in attendance at the Redwoods Community College District, all students are subject to the rules, regulations and policies of faculty, staff and administration. Moreover, the Redwoods Community College District is released from the responsibility of monitoring concurrently enrolled students, should a class meeting or course be cancelled. Parents should be aware that concurrently enrolled high school students will be interacting socially with adult college students and that Redwoods Community College District is not responsible for these social interactions. Finally, concurrently enrolled students may be exposed to discussions, readings, and visual materials of a mature nature and will be expected to conform to the same performance standards as any other college student as set forth in course outlines and syllabi. Special Part-Time Student Admission To be considered for admittance as a special part-time student (11 units or less), the student must meet the eligibility standards as established in Education Code Sections 48800, 48800.5 and 76001. The student must: Submit the District application for admission; 10/10/2011 Meeting of College Council Page 66 45 day constituent review ends 09/26/11 Have completed the eighth grade and provide verification of grade level student will be at in at beginning of term; Submit the District Supplemental Application of Concurrently Enrolled Students to the President/Superintendent or his or her designee; Have parental or legal guardian consent to attend the Redwoods Community College District (unless the student is an emancipated minor*); Provide written and signed principal consent (Note: A parent or guardian of a pupil who is not enrolled in a public or private school may petition directly without the signature of a principal); Meet the academic prerequisite for courses, including the required placement level for any math, reading or English class; Enroll in only college-level courses; Agree to abide by all rules and regulations governing regular college students; Fulfill the minimum day requirement at his/her high school, or, for charter/homeschooled students, the parent has to verify that the proposed college coursework will not interfere with the student’s basic high school coursework. *Emancipated Minor Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. All required documents shall be sent to the President/Superintendent or his or her designee. The President/Superintendent or his or her designee will review the materials, and will determine if the student has the abilities and sufficient preparation to benefit from instruction at a community college. The decision of the President/Superintendent or his or her designee shall be final. This determination may utilize one or more of the following methods: o A review of the materials submitted by the student; o Meeting with the student and his or her parent or guardian; o Consultation with college counseling and advising staff; o Consultation with Division Dean/Instructional Faculty; o Consideration of the welfare and safety of the student and others; and/or o Consideration of local, state and/or federal laws. Under certain circumstances the governing board of the school district in which a pupil is enrolled may authorize attendance of the pupil at a community college as a special full-time student per Education Code 48800.5. If a request for special part-time or special full-time enrollment is denied for a pupil who has been identified as highly gifted, the Board shall provide written findings and reasons for the denial within 60 days. A recommendation regarding the request for admission and the denial 10/10/2011 Meeting of College Council Page 67 45 day constituent review ends 09/26/11 shall be submitted to the Board at a regularly scheduled meeting that falls at least 30 days after the request for admission has been submitted. College Credit. Students who complete Redwoods Community College District classes will be awarded college credit. Enrollment Fees. Education Code section 76300 provides that special admit part-time students (11 units or under) may be exempted, as a group, form paying the per unit enrollment fee. Family Education Rights & Privacy Act of 1974 (FERPA). All education records are governed by the Family Education Rights and Privacy Act. Redwoods Community College District academic information (i.e., class schedules, grades, transcripts) is not released to parents or third parties without the written consent of the student, unless in special circumstances authorized by FERPA. Upon consent by the student, academic information is only released to the authorized party in person or in writing. The authorized party may be required to provide identification. This law applies to all students attending Redwoods Community College District, even if the student is less than 18 years of age. References: Education Codes Sections 48800, 48800.5; 76001; 76002 Revision Adopted: XX/XX/XXXX Former Board Policy No. 502 “Enrollment of Minors” Adopted: August 15th, 1977 Revised: June 1993; March 1994; March 2001; October 2002 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 502 Administrative Regulation No. 502.01 ENROLLMENT OF MINORS This regulation establishes the conditions under which College of the Redwoods may enroll students who are not at least 18 years of age and who have not graduated from high school. 1. College of the Redwoods may enroll minor students if all of the following conditions are met: The student has completed the eighth grade. The student is recommended for enrollment by his/her school principal. The student has parental (legal guardian) consent to enroll. The student is accepted for enrollment by the President of the College, or by his/her designee, on the basis that the student is able to benefit from instruction as determined by the College. Students not meeting all of these conditions may be considered for enrollment on an individual petition basis. 10/10/2011 Meeting of College Council Page 68 45 day constituent review ends 09/26/11 Approval for the enrollment of a minor student must be granted or renewed on a term-byterm and course-by-course basis. 2. Enrollees in Summer Sports Clinics. Minor students who enroll in Summer Sports Clinics/Camps will be considered an exception to the conditions specified in paragraph 1, above. As long as these students only enroll in courses numbered 399 for a summer term, they will be required to meet only the following conditions: The student has completed at least the third grade. The student’s school principal has waived his/her right to approve the student’s participation in the program. The student has parental (legal guardian) consent to enroll. The student is accepted for enrollment by the President on the basis that the student is able to benefit from instruction as determined by the college. Approved by Board of Trustees: August 15, 1977 Revised: June 1993; March 1994; March 6, 2001; October 1, 2002 10/10/2011 Meeting of College Council Page 69 8.1.11 SPECIAL ADMISSION OF K-12 STUDENTS ADOPT: JANUARY 12, 1987 REVISED: NOVEMBER 14, 1995 REVISED: NOVEMBER 14, 2000 REVISED: DECEMBER 3, 2008 REVISED: JANUARY 13, 2009 ED CODE: 48800, 48800.5a,b, 76001 Santa Rosa Junior College may permit the admission of K-12 students who, in the opinion of the Superintendent/President, or designee, can benefit from the College's advanced scholastic or vocational curricula. The intent of this policy is to provide concurrent educational opportunity for a limited number of eligible students who fulfill special admission standards. Special admission students shall obtain the consent of their parents, secure official authorization from the principal of the school which they attend and comply with all other specific supplemental application materials, assessment requirements, health clearance and any other criteria for admission determined necessary by the College. The College reserves the right to exclude or limit enrollment into impacted programs and in other programs where health, safety, instructional methodology, facility constraints or legal requirements are deemed inappropriate for special admission students. Pursuant to Senate Bill 338 (SB338), the College will limit enrollment in College classes by high school students to not more than 5% per grade level, per school during the Summer semester. Additionally, the enrollment of high school students in all Physical Education courses will be limited to 10% per course section during every semester. Special admission students shall conform to the College's rules and regulations and the code of conduct expected of all college students. Appeals to decisions regarding special admission will be considered by the Director of Admissions & Enrollment or College administration designee. 10/10/2011 Meeting of College Council Page 70 10/10/2011 Meeting of College Council Page 71 Constituent Review Ends 10/10/2011 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: International Students This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Cheryl Tucker Student Services New AP 5012 None Cheryl Tucker, Mary Grace Barrick, Tina Vaughan, Keith Snow-Flamer Ed Code 76141, 76142; Title 5 Section 54045; Title 8, USC Section 1101 et seq. North Orange CC, Yuba CC, Cerritos, Palomar CC Note: College Council reviewed once and recommended changing line that stated “any student who can demonstrate economic hardship or who is a victim of persecution or discrimination in the country in which the student is a citizen and resident is exempt from the non-United States resident fee tuition” to language that instead references Ed Code. Sr. Administrator Review (Name and date) Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Sue Alton, 4199 Format cleared (i.e. titles, font, style) ok Content reviewed with CCLC format ok Legal concerns None Date returned to originator Date submitted to College Council 8/23/11 Comments: 10/10/2011 Meeting of College Council Page 72 Constituent Review Ends 10/10/2011 College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees Date approved by Board of Trustees 6/28/11 09/12/11 Distributed for 30 day review on 09/12/11 Due back to Council 10/10/11 10/10/2011 Meeting of College Council Page 73 Constituent Review Ends 10/10/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5012 INTERNATIONAL STUDENTS Under Federal Law, Redwoods Community College District is authorized to enroll students on F-1 visas for two-year vocational and transfer programs. International students may be admitted to College of the Redwoods as a means of encouraging the presence of qualified students from other countries with sufficient geographic diversity to inspire an appreciation for differences among cultures and a deeper understanding of the values and perspectives of other people. An international student is both a citizen and a resident of a foreign country who has entered the United States solely for the purpose of attending school. The following regulations govern the admissions of F-1/M-1 visa students at College of the Redwoods. F-1/M-1 applicants are required to pay non-resident tuition fees, non-United States fees, enrollment fees, and other fees required, as established by the Board of Trustees. Exemptions may be made under AP 5020, “Nonresident Tuition.” Criteria for admission on the student visa include: F-1/M-1 applicants are required to submit an international student application that includes appropriate visa information from the country of residence. Application fee processing and application deadlines are established by the college. Applicants must demonstrate English proficiency by fulfilling an assessment criteria established by the college. Applicants must have earned the equivalent of an American high school diploma, or have attended 12 years of elementary and secondary school, or be at least 18 years of age. Applicants must submit original or certified copies of transcripts of any secondary and/or post-secondary coursework, as determined by the college. Foreign-language transcripts must be accompanied by certified English translations. Applicants must provide evidence of financial responsibility, as determined by college. F-1/M-1 applicants who are attending other United States schools or colleges may be considered for admission provided the applicant meets the College of the Redwoods international admissions requirements and is in good status with United States Citizenship and Immigration Services. F-1/M-1 visa students will be held to the same scholastic requirements and to the same college rules and regulations as other students. 10/10/2011 Meeting of College Council Page 74 Constituent Review Ends 10/10/2011 F-1/M-1 students should purchase health insurance (optional). Such insurance should include major medical coverage to protect the student against financial catastrophe. Students issued an I-20 and attend college are required to comply with US Federal Code, Department of Homeland Security (DHS), and Citizenship and Immigration Services (CIS) regulations that pertain to F-1/M-1 visa students. F-2 Dependents: In accordance US Federal Code, the spouse and minor children accompanying an F-1 student are eligible for admission in F-2 visa status. The F-2 spouse or F-2 child may not engage in full-time study and the F-2 spouse and F-2 child may only engage in studies that are vocational or recreational in nature. Reference: Education Code Sections 76141, 76142; Title 5 Section 54045; Title 8, U.S.C. Section 1101, et seq. Adopted: XX/XX/XXXX No Former Administrative Procedure 10/10/2011 Meeting of College Council Page 75 45 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed BP 5030 FEES The Board authorizes the following fees. The President/Superintendent or his or her designee shall establish procedures for the collection, deposit, exemption, waiver, refund, and accounting for fees as required by law. The procedures shall also assure those who are exempt from or for whom the fee is waived are properly notified of applicable exemptions and/or waivers. Fee amounts shall be published in the college catalogs. Enrollment Fee (Education Code Section 76300): Each student shall be charged a fee for enrolling in credit courses unless exempted from the enrollment fee in accordance with state law. The Board authorizes the President/Superintendent to develop a process allowing for the deferral of full payment of enrollment fees pursuant to state regulation so long as full payment of enrollment fees is made by not later than the end of the term for which deferral is granted. Auditing Fee (Education Code Section 76370): Each student shall be charged a Board approved auditing fee. Students enrolled in classes to receive credit for ten or more semester units shall not be charged this fee to audit three or fewer units per semester. Health Fee (Education Code Section 76355): The President/Superintendent shall present to the board for approval, periodically as required, a fee to be charged to each student for student health services. Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization and students who are attending under an approved apprenticeship training program are exempt from the payment of any health services fee. Parking Fee (Education Code Section 76360): The District shall charge a fee to students who use District parking services. The fee shall be equal to the maximum amount allowable under state law. Low income students shall pay the allowable reduced amount. The President/Superintendent shall establish administrative procedures establishing allowable rates, including a reduced parking fee for students to encourage ridesharing and carpooling. Persons who are not students or employees may also be charged a fee for using parking services. The President/Superintendent shall establish administrative procedures that establish a reasonable daily rate for such parking. Instructional Materials Fee (Education Code Section 76365; Title 5, Sections 59400, et seq.): Students may be required to pay a fee as allowed by law for instructional and other materials for a credit or non-credit course, provided such materials are of continuing value to the student outside the classroom and provided that such materials are not solely or exclusively available from the District. 10/10/2011 Meeting of College Council Page 76 45 day constituent review ends 09/26/11 The Board authorizes charging instructional and other material fees in accordance with applicable legal requirements for such fees. The President/Superintendent or his/her designee shall ensure that instructional materials fees are reviewed at appropriate intervals and shall maintain a complete listing of instructional materials and instructional materials fees. Non-District Physical Education Facilities Fee (Education Code Section 76395): Where the District incurs additional expenses because a physical education course is required to use non-District facilities, students enrolled in the course shall be charged a fee for participating in the course. Such fee shall not exceed the student’s calculated share of the additional expenses incurred by the District. Transcript Fee (Education Code Section 76223): The District shall charge a reasonable amount for furnishing copies of any student record to a student or former student. The President/Superintendent is authorized to establish the fee, which shall not exceed the actual cost of furnishing copies of any student record. No charge shall be made for furnishing up to two transcripts of students' records, or for two verifications of various records. There shall be no charge for searching for or retrieving any student record. An additional fee may be charged to students who request copies of their records on an expedited schedule or who request special documentation to verify attendance. International Students Application Processing Fee (Education Code Section 76142): The District shall charge students who are both citizens and residents of a foreign country a fee to process his or her application for admission. This processing fee and regulations for determining economic hardship shall be established by the President/Superintendent. The fee shall not exceed the lesser of 1) the actual cost of processing an application and other documentation required by the U.S. government; or 2) one hundred dollars ($100), which shall be deducted from the tuition fee at the time of enrollment. No student who is exempt from the payment of nonresident tuition or who can demonstrate economic hardship shall be charged this fee. Athletic Insurance: Student Athletes may be required to pay a fee to cover the cost of insurance for participation in an athletic program. Testing Services Fee: Students and members of the public will be charged reasonable fees to cover the costs of administering certain types of tests done under the auspices of the Academic Support Center. Only fees that are expressly required or authorized by law or that represent charges for optional services may be charged. No fees may be charged for tests that are required for enrollment in a class or for tests or services paid for with state funds. Returned Check Fee: Students who pass a check on insufficient funds to the District or any District operation will be charged the maximum service charges or other payments allowed by law. Business Office 10/10/2011 Meeting of College Council Page 77 45 day constituent review ends 09/26/11 Subpoena Processing Fee: A fee will be charged to the requesting party to cover the reasonable cost of retrieving, processing and/or reproducing student and/or other records required to respond to subpoenas or related court and legal documents. The President/Superintendent or his or her designee shall establish the reasonable costs. Lab and Learning Resource Center Copying Fees: The District will provide students with a number of free photocopies each term that shall be determined by the President or his or her designee. After that, students wishing to make additional photocopies in the college’s labs and in its Learning Resource Centers will be charged a per copy fee. Dormitory Fee (Education Code Section 81670): The District shall charge a reasonable fee to students wishing to live in the residence halls. The President/Superintendent is authorized to establish this fee. Child Care Fee [Education Code Section 79121(c)]: Education Code Sections 79020 et seq and 66060 authorize the operation of child development programs. Education code Sections 79121(c) and 8263(g) and (h) require fees for student families. The District will also charge student parents a fee for childcare services for their children when they voluntarily place them in programs that are not specifically established as child development programs under Sections 66060 and 79120 et seq. The President/Superintendent is authorized to establish those fees. Enrollment Fee, Community Service Course (Education Code Section 78300): An enrollment fee will be charged to each student enrolling in a community service course. The President/Superintendent is authorized to establish these fees, which are not to exceed the cost of maintaining such instruction. Capital Outlay Fee (Education Code Section 76141): The District shall charge nonresident students a capital outlay fee which shall be the maximum amount authorized by law. The fee shall not exceed the amount expended for capital outlay in the previous fiscal year divided by the total full-time equivalent students for the same period. The fee shall not exceed 50 percent of the nonresident tuition fee established by the District. No student who can demonstrate economic hardship or that he/she is a victim of persecution or discrimination in the country in which the student is a citizen and resident shall be charged this fee. The President/Superintendent or his or her designee shall define “economic hardship” for purposes of this fee. Associated Student Fees (Education Code Sections 70902, 76060.5 and 76062): Student Representation Fee (Education Code Section 76060.5; Title 5, California Code of Regulations, Sections 54801 et seq.): The Associated Students organization is authorized to hold an election for the purpose of establishing a student representation fee in the amount of $1 per semester to be charged of all students. Any election shall meet the requirements of state law. Students shall be advised that they may refuse to pay this fee for religious, political, financial, or moral reasons and shall submit such refusals in writing. 10/10/2011 Meeting of College Council Page 78 45 day constituent review ends 09/26/11 Student Activity Fee (Education Code Sections 70902 and 76062): The Associated Students organization may charge a voluntary student activities fee. The fee shall be an optional fee for those students who wish to pay such a fee for the services or activities represented by such fee. The optional nature of the fee shall be clearly communicated to students. Credit by Examination (Education Code Section 76300): Students taking examinations offered pursuant to Title 5, Section 55050, will pay the fee established by this education code section. Refund Processing Fee (Title 5 section 58508): The District will retain a $10 processing fee for refunded enrollment fees in accordance with state law. Reference: Education Code Sections 76300 et seq; 70902 (a) and (b)(9); Title 5, Section 51012 Revision Adopted: XX/XX/XXXX Former Board Policy No. 529 “Student Fees” Adopted: April 5, 1984 Amended: July 18, 1984; August 20, 1984; September 12, 1994; February 5, 1996; June 7, 1999; March 5, 2002; October 1, 2002; June 3, 2003 Board of Trustees Policy No. 529 COLLEGE OF THE REDWOODS STUDENT FEES Reference: Education Code Sections 70902a, 763033, 66205.3; Title 5, Section 51012 The Board authorizes the following fees, which are grouped into three distinct categories: course fees, explicitly authorized fees for services, and permitted fees for services. The President/Superintendent shall establish procedures for the collection, deposit, waiver, refund, and accounting for fees as required by law. The procedures shall also assure those who are exempt from or for whom the fee is waived are properly enrolled and accounted for. Fee amounts shall be published in the college catalogs. Course Fees 10/10/2011 Meeting of College Council Page 79 45 day constituent review ends 09/26/11 The following fees are considered to be mandatory fees, since they are collected as a condition of enrollment. Enrollment Fee Education Code Section 76300 Each resident student shall be charged a fee for enrolling in credit courses as required by law. Nonresident Tuition Education Code Section 76140 Each nonresident student will be charged tuition for enrolling in credit courses as required by law. Course Auditing Fee Education Code 76370 Persons auditing a course shall be charged a fee each time they enroll. Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged this fee to audit three or fewer units per semester. Enrollment Fee, Community Service Courses Education Code 78300 An enrollment fee will be charged to each student enrolling in a community service course. The President/Superintendent is authorized to establish these fees, which are not to exceed the cost of maintaining such instruction. Instructional Materials Fee Education Code Section 76365; Title 5, Sections 59400, et seq. Students may be required to provide instructional and other materials for a credit or non-credit course, provided such materials are of continuing value to the student outside the classroom and provided that such materials are not solely or exclusively available from the District. Physical Education Facilities Use Fee Education Code 76395 Where the District incurs additional expenses because a physical education course is required to use non-district facilities, students enrolled in the course shall be charged a fee for participating in the course. Such fee shall not exceed the student’s calculated share of the additional expenses incurred by the District. Explicitly Authorized Fees for Services The following fees are explicitly authorized by the Education Code for establishment and collection. Health Services Fee Education Code Section 76355 10/10/2011 Meeting of College Council Page 80 45 day constituent review ends 09/26/11 The President/Superintendent shall present to the Board for approval fees to be charged to both part-time and full-time students for student health services. Parking Fee Education Code 76360 Students wishing to park their vehicles on college property shall be required to pay a fee for parking services. This fee is specified in Board of Trustees Policy No. 805 “Parking and Traffic Regulations.” Transcript Fee Educational Code 76223 The District shall charge a reasonable amount for furnishing copies of any student record to a student or former student. The President/Superintendent is authorized to establish the fee, which shall not exceed the actual cost of furnishing copies of any student record. No charge shall be made for furnishing up to two transcripts of students’ records, or for two verifications of various records. There shall be no charge for searching for or retrieving any student record. Dormitory Fee Education Code 81670 The District shall charge a reasonable fee to students wishing to live in the residence halls. The President/Superintendent is authorized to establish this fee. Child Care Fee Education Code 79121(c) Section 79121 et seq. and Section 66060 authorizes the operation of child development programs. Education Code Section 8263(f) requires fees for student families. The District will also charge student parents a fee for childcare services for their children when they voluntarily place them in programs that are not specifically established as child development programs under Sections 66060 and 79120 et seq. The President/Superintendent is authorized to establish these fees. International Students’ Application Processing Fee Education Code Section 76142 The District shall charge students who are both citizens and residents of a foreign country a fee to process their applications for admission. This processing fee and regulations for determining economic hardship may be established by the President/Superintendent. The fee shall not exceed the lesser of 1) the actual cost of processing an application and other documentation required by the U.S. government; or 2) one hundred dollars ($100), which shall be deducted from the tuition fee at the time of enrollment. Refund Processing Fee Title V Section 58508 When a student takes an action (or set of actions) that causes the college to issue a refund check, the College will retain a fee not to exceed $10/student/semester as a refund processing charge. 10/10/2011 Meeting of College Council Page 81 45 day constituent review ends 09/26/11 Credit by Examination Education Code 76300 Students taking examinations offered pursuant to Title 5, Section 55753, will pay the fee established by this education code section. Other Permitted Fees for Services Certain reasonable fees may be charged under the authority of the permissive code (Section 70902) as long as they are not required as a condition of registration, enrollment, or completion of a course. The President/Superintendent is authorized to establish and determine the amount of these fees, which shall not exceed the cost of the services provided. Testing Services Fees Students and members of the public will be charged reasonable fees to cover the costs of administering certain types of tests done under the auspices of the Academic Support Center. Returned Check Fee Students will be charged a fee for checks written to the college that are returned unpaid because of “insufficient funds.” Subpoena Processing Fee A duplicating fee will be charged to the requesting party to cover the cost of preparing or reproducing student records information required to respond to subpoenas or related court and legal documents. Lab and Learning Resource Center Copying Fees The college will provide students with a pre-determined number of free copies each term so that they will be able to meet the basic requirements of the courses in which they are enrolled. After that, students wishing to make additional copies in the college’s labs and in its Learning Resource Centers will be charged a per copy fee. Adopted by the Board of Trustees: April 5, 1984 Amended: July 18, 1984; August 20, 1984; September 12, 1994; February 5, 1996; June 7, 1999; March 5, 2002; October 1, 2002; June 3, 2003 10/10/2011 Meeting of College Council Page 82 10/10/2011 Meeting of College Council Page 83 45 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5030 FEES Required fees include: Enrollment (Education Code Section 76300; Title 5 Sections 58500 and 58509) Nonresident tuition with permissive exemptions (Education Code Sections 76140 and 76140.5) Fees authorized by law include: Non-District physical education facilities (Education Code Section 76395) Noncredit courses (Education Code Section 76385) Community service courses (Education Code Section 78300) Auditing of courses (Education Code Section 76370) Instructional materials (Education Code Sections 73365, 81457, and 81458; Title 5 Sections 59400 and 59408) Athletic insurance (Education Code Section 70902(b)(9)) Cross-Enrollment with the California State University (CSU) or University of California (UC) (Education Code Section 66753) Health (Education Code Section 76355) Parking (Education Code Section 76360) Transportation (Education Code Sections 76361, 82305.6) Student representation (Education Code Section 76060.5; Title 5 Sections 54801 and54805) Student Center (Education Code Section 76375; Title 5 Section 58510) Copies of student records (Education Code Section 76223) Dormitory (Education Code Section 81670) Child care (Education Code Sections 79121 et seq. and 66060) Nonresident capital outlay (Education Code Section 76141) Nonresident application processing (Education Code Section 76142) Credit by Examination (Education Code Section 76300; Title 5 Section 55050) Use of facilities financed by revenue bonds (Education Code Section 81901(b)(3)) Refund processing (Title 5 Section 58508) Telephone registration (Education Code Section 70902(a)) Physical fitness test (Education Code Section 70902(b)(9)) 10/10/2011 Meeting of College Council Page 84 45 day constituent review ends 09/26/11 Instructional Tape Lease/Deposit (Education Code Section 70902(b)(9)) Credit Card Use (Education Code Section 70902(b)(9)) International Student Medical Insurance (Education Code Section 70902(b)(9) Prohibited fees include: Late application (CCCCO Student Fee Handbook) Add/drop (CCCCO Student Fee Handbook) Mandatory student activities (CCCCO Student Fee Handbook) Student Identification Cards (CCCCO Student Fee Handbook) Student Body Organization (CCCCO Student Fee Handbook) Nonresident application (CCCCO Student Fee Handbook) Field trip (Title 5 Sections 55450 and 55451) For dependents of certain veterans (Education Code Section 66025.3) For dependents of certain victims of the September 11, 2001, terrorist attacks (CCCCO Student Fee Handbook) For certain recipients of the Medal of Honor and certain children of the recipients of the Medal of Honor (Education Code Section 66025.3) Required or funded services (CCCCO Student Fee Handbook) Refundable deposits (CCCCO Student Fee Handbook) Distance education (other than the statutorily authorized enrollment fee) (CCCCO Student Fee Handbook) Mandatory mailings (CCCCO Student Fee Handbook) Rental of practice rooms (CCCCO Student Fee Handbook) Apprenticeship courses (Education Code Section 76350) Technology fee (CCCCO Student Fee Handbook) Late payment fee (Title 5 Sections 58502 and 59410) Nursing/healing arts student liability insurance (Title 5 Section 55234) Cleaning (CCCCO Student Fee Handbook) Breakage (CCCCO Student Fee Handbook) Test proctoring (CCCCO Student Fee Handbook) Collection and Refund of Fees Enrollment Fee Refunds Enrollment fees will only be refunded if the student drops the full-semester-length class in question by the end of the 2nd week of the spring or fall semester. Refund deadlines for Summer 10/10/2011 Meeting of College Council Page 85 45 day constituent review ends 09/26/11 classes vary by class length. Refund checks will automatically be mailed to eligible students. If a class is cancelled by the college, all enrollment fees will be refunded to the students who had registered and paid for it. If applicable, a refund processing fee of $10.00 per student per semester will be subtracted before the refund is issued. Students who receive federal financial aid are subject to federal refund calculation formulas. Non-Resident Tuition Refunds Refunds shall be made according to this schedule only after an official drop or withdrawal has been processed by the Admissions and Records Office. Time of Official Withdrawal or Reduction in Load Through the end of the of second week of the term During third week of instruction During fourth week of instruction Percent of Original Fee Refunded 100% of original fee 50% of original fee 25% of original fee Parking Fee Refunds Parking permit refunds will be issued prior to the established deadline of the term in which the permit was issued, provided the permit is presented to the Business Office at the time the request is made. Requests for refunds after the deadline must be based upon extenuating circumstances only. Refund Recipient Refunds are made only to the person who originally paid the fees. Consequences of Non-payment of Fines or Other Funds Due to the College As a means of encouraging the payment of obligations to College of the Redwoods, it’s Foundation, and any offices thereof, the following blocks will be put in place until all debts are paid: a. Grades will not be issued. b. Transcripts will not be issued. c. Registration will not be processed. d. Degrees or certificates will not be awarded. Upon presentation of valid receipt for the unpaid monies due to the College or any of its agencies, the restrictions shall be removed. The College of the Redwoods Catalog and Schedule of Classes contain the most current information regarding fees. These documents are updated regularly. References: Education Code Sections 70902(b)(9), 76300, and 66025.3; Title 5, section 51012; California Community College Chancellor’s Office (CCCCO) Student Fee Handbook Revision Adopted: Xx/XX/XXXX Former Administrative Regulation No. 529.01 Approved: June 3, 2003 10/10/2011 Meeting of College Council Page 86 45 day constituent review ends 09/26/11 Amended: 8/5/03, 11/4/03, 9/13/04, 3/1/05, 3/7/06, 11/7/06, 5/6/08 (AP 5013) Board of Trustees Policy No. 529 COLLEGE OF THE REDWOODS Administrative Regulation No. 529.01 REGULATIONS GOVERNING STUDENT FEES Reference: Board Policy 529: Student Fees The Board has authorized the collection of the following fees, which are grouped into three distinct categories: course fees, explicitly authorized fees for services, and permitted fees for services. The Board will review the level of these fees annually, at its March meeting. This regulation also contains the procedures established by the President/Superintendent for the collection, deposit, waiver, refund, and accounting for fees as required by law. The fee amounts and procedures described below shall be published in the college catalog and class schedules, as appropriate. Course Fees Enrollment Fee A fee of $20 per unit per term shall be charged each resident student enrolling in a credit course at the college. Unless expressly exempted or entitled to a waiver or deferral, all students enrolling in credit courses must pay the enrollment fee. A student’s registration will be cancelled if he/she does not pay the required enrollment fees within the time period specified by the college. Exceptions: 10/10/2011 Meeting of College Council Page 87 45 day constituent review ends 09/26/11 Special part-time students enrolled at the college pursuant to Education Code section 76011; Students enrolling in accordance with the Financial Assistance Program of the Board of Governors, those who demonstrate financial need in accordance with the methodology set forth in federal financial aid regulations, and those, who---at the time of enrollment---are recipients of benefits under the Temporary Assistance to Needy Families Program, the Supplemental Security Income/State Supplementary Program, or a general assistance program; The surviving spouse or the child of a deceased person who has met all the requirements of Education Code sections 68120 and 76300(j); A dependent of any individual killed in the September 11, 2001 terrorist attacks who has met all the requirements set forth in Education Code sections 68121 and 76300 (j)-(l); Students enrolled in specified credit contract education courses, when the entire cost is paid by the public or private course sponsor, and when these students are not included in the FTES calculation of the district. Nonresident Tuition Each nonresident student will be charged tuition in the amount of $213 per unit per term to enroll in a credit course at the college. (This is the 2006-2007 tuition amount.) Exceptions: Students exempt under Education Code section 76380 (taking noncredit classes); Students exempt under Education Code section 76350 and Labor Code section 3074 (apprentices taking classes considered to be related or supplemental instruction as verified by the Vice President, Academic Affairs); Students exempt under Education Code section 76140.5 (who qualify as police academy trainees, as verified by the Director, P.O.S.T. Academy); Minor students taking a class for high school credit only; Students exempt under Education Code section 68130.5 (who attended high school in California for three or more years and graduated from a California high school or attained the equivalent thereof); Students exempt under Education Code section 68084 (a parent who is a federal civil service employee and his/her children if the parent moved to the state as a result of a military realignment action); Students exempt under Education Code sections 68121 and 76300(j)-(l) (a dependent of any individual killed in the September 11, 2001 terrorist attacks); Students who are approved for enrollment under an Interstate Exchange Agreement. These students will pay the regular per unit, per term enrollment fee, and will pay additional tuition fee, which will be equal to 27% of the regular non-resident tuition amount. The college currently has Interstate Exchange Agreements with the following institutions: o Southern Oregon University o Oregon Institute of Technology o Rogue Community College 10/10/2011 Meeting of College Council Page 88 45 day constituent review ends 09/26/11 Course Auditing Fee Students wishing to audit courses will be charged a fee of $15 per unit per term. There is a limited waiver of this fee that applies to retired faculty and retired classified staff members of the district. More specific information about this fee may be found in Board Policy 119 and Administrative Regulation 119.02. Enrollment Fee, Community Service Courses The district charges students taking community service or contract education classes a fee not to exceed the cost of maintaining the class. Community service classes are intended to be selfsupporting and districts are prohibited from using apportionment money to establish or maintain such classes. Instructional Materials Fee A limited number of instructional materials fees have been approved and will be collected at the time of registration. More specific information about these fees may be found in Board Policy 107 and Administrative Regulation 107.02. Physical Education Facilities Use Fee The following physical education facilities use fees have been approved and will be collected at the time of registration: Mendocino Coast Campus: A pool use fee of $34/student/course/term Explicitly Authorized Fees for Services The following fees are explicitly authorized for establishment and collection by the Education Code. Health Services Fee Health fees, including accident insurance fees, will be charged as follows: (1) Students Enrolled at the Del Norte or Mendocino Coast Campuses or at the Klamath/Trinity Instructional Site: A fee of $4 per student will be charged each semester, summer session, or winter session in which the student is enrolled to provide him/her with accident insurance coverage while participating in college-sanctioned events. (2) Eureka Students Enrolled Only in an Off Campus Class/Classes: A fee of $4 per student will be charged each semester, summer session, or winter session in which the student is enrolled to provide him/her with accident insurance coverage while participating in one or more off campus classes and at college-sanctioned events. (3) Eureka Students Enrolled in On-Campus Courses: A fee of $12 per student will be charged each semester in which the student is enrolled to provide him/her with accident insurance coverage while on campus or at college-sanctioned events and to provide access to basic health services at the Student Health Center. A fee of $7 per student will be charged for each summer session and a fee of $4 per student will be charged for each winter session. (4) Exemptions A student will be exempt from paying the health fee when: 10/10/2011 Meeting of College Council Page 89 45 day constituent review ends 09/26/11 The student depends exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination or organization. Requests for this exemption are made by petition to the Director, Enrollment Services (on the Eureka campus or the Klamath/Trinity Instructional Site) or to the Campus Vice President at the Del Norte or Mendocino Coast Campus. b. The student is receiving certain types of financial aid as verified by the Director, Financial Aid. c. The student is attending under an approved apprenticeship program. Requests for this exemption must be made in writing to the Director, Enrollment Services (on the Eureka campus or at the Klamath/Trinity Instructional Site) or to the Campus Vice President at the Del Norte or Mendocino Coast campuses. Parking Fee Students wishing to park on college property shall be required to pay a fee for parking services. More specific information about this fee may be found in Board of Trustees Policy No. 805 “Parking and Traffic Regulations.” Transcript Fee Upon request, each student will receive two free official transcripts from the College. After that, a fee of $5 will be charged for each additional official transcript produced, and the student can expect to receive the transcript within 15 working days. Should a student want a transcript more quickly, a fee of $10 will be charged as a rush processing fee, and a transcript will be generated on demand. Dormitory Fee Students wishing to live in the residence halls will pay a fee of $1,785 per semester for lodging and $1,420 per semester for meals for the 2006-2007 academic year. Rates for the summer and winter sessions will be pro-rated. This fee may be adjusted by a maximum of 5% each year to account for any cost-of-living increases that may occur. Child Care Fee The President/Superintendent is authorized to establish these fees on an annual basis, in keeping with the guidelines established by the state to regulate these activities. International Students’ Application Processing Fee Students who are both citizens and residents of a foreign country will be charged a fee to cover the expenses related to processing their initial application for admission. This fee will be one hundred dollars ($100), which shall be deducted from the student’s first semester tuition payment upon enrollment. Refund Processing Fee In the event that a refund check must be issued, a fee not to exceed $10 in any one term will be retained by the college as a refund processing fee. 10/10/2011 Meeting of College Council Page 90 45 day constituent review ends 09/26/11 Credit by Examination Students taking examinations pursuant to Title 5, Section 55753, will pay a fee of $20 per unit as established by Education Code section 76300. Other Permitted Fees for Services The following fees will be charged under the authority of the permissive code: Testing Services Fees Students and members of the public will be charged the following fees to cover the costs of administering tests under the auspices of the Academic Support Center: A charge of $100 to take the G.E.D. and a charge $20 to take a retest of any one of its 5 sub-sections. A charge of $20 per hour for proctoring out-of-district exams. This charge may be paid by either the student taking the test or by the agency/institution requiring the student to take the test, depending on the circumstances. Students will be required to pay $10.00 to retake an English or math assessment test, unless a counselor, advisor, or faculty member determines the retest is a special circumstance and should be free of charge. Returned Check Fee Students will be charged a fee of $25 for checks written to the college that are returned unpaid because of “insufficient funds” or because of other account difficulties. The student’s ability to register or obtain other college services will be withheld until all debts on the student’s account have been cleared. Subpoena Processing Fee A duplicating fee of $15 will be charged to the requesting party to cover the cost of preparing or reproducing student records information required to respond to subpoenas or related court and legal documents. If the document(s) requested exceeds 12 pages in length, an additional charge of 10 cents per additional page will be collected. Lab and Learning Resource Center Copying Fees Students wishing to make copies in the college’s labs and Learning Resource Centers will be charged 10 cents per page, which will be accomplished by purchasing a pre-paid card for that purpose. To meet its obligation under the law to provide required instructional materials free of charge, the college will give each student 10 free copies per $5 worth of printing credit purchased. Student Activities Fee A student activity fee of $5 per student per semester will be collected and administered by the Associated Students, College of the Redwoods to support campus clubs, organizations and intercollegiate athletics and to sponsor educational and social events for the campus community. 10/10/2011 Meeting of College Council Page 91 45 day constituent review ends 09/26/11 Enrollment Fee Refunds Enrollment fee refunds are generated automatically when the student or faculty member initiates program changes prior to the 11th day of instruction for semester-length courses. A refund of enrollment fees will also be provided to the student after that date, in the event the District cancels or reschedules any class. When the course is less than a full semester in length, a refund will be given if the class is dropped by the day of the first class meeting. Parking Fee Refunds Parking fee refunds will be provided, when requested, in accordance with Board Policy #805, Administrative Regulation #805.01. Refund Recipient Refunds are made only to the person who originally paid the fees. Approved by the Board of Trustees: June 3, 2003 Amended: 8/5/03, 11/4/03, 9/13/04, 3/1/05, 3/7/06, 11/7/06, 5/6/08 (AP 5013) 10/10/2011 Meeting of College Council Page 92 10/10/2011 Meeting of College Council Page 93 90 day constituent review ends 09/26/11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Draft AP 4103 WORK EXPERIENCE The college will maintain an approved plan with the State Chancellor’s Office that includes: The systematic design of a program whereby students gain realistic useful learning experiences through workplace related activities; A specific description of the respective responsibilities of the college, the student, the employer, and other cooperating agencies; Guidance services; A sufficient number of qualified academic personnel to direct the program; Processes that assure students’ on-the-job learning experiences are documented with written measurable learning objectives, students are required to meet certain criteria and are evaluated, and the basis for awarding grades and credit is described; Adequate clerical and instructional services are provided; The maintenance of records that include the type and units of work experience in which student is enrolled, where employed, job held, basis for determining student qualifications, statement of student hours worked, evaluation of performance, and that a work permit was issued. Supervising faculty must maintain records that show consultation with the employer and the student, evaluation of the student’s achievement, and the final grade. Reference: Title 5, Sections 55250 et seq. Approved: XX/XX/XXXX New Procedure 10/10/2011 Meeting of College Council Page 94 10/10/2011 Meeting of College Council Page 95 Constituent Review Ends 10/10/2011 Board Policy / Administrative Procedure Cover Sheet Title of Policy/Procedure: Communicable Diseases This section to be completed by author Author: Name and contact info Originating Department/Division New or Revision BP/AP numbers Former BP/AR numbers Authors: Research List pertinent codes researched (Ed Code/Title 5, etc.) List other colleges researched Other references Michelle Hancock ext. 4357 Student Services BP-revision, AP-new 5210 BP 819/531 Ed Code: 76403 League Template Joe Hash Other colleges o North Orange o Yuba o Cerritos o Palomar Sr. Administrator Review (Name, date, comments) Date submitted to PPRS Comments: This section to be completed by Policy and Procedure Review Subcommittee (PPRS) PPRS Contact and contact info Format cleared (i.e. titles, font, style) Content reviewed with CCLC format Legal concerns Date returned to originator Date submitted to College Council Comments: College Council Tracking First Review Back to PPRS 30/90 day Review Second Review Date sent to Board of Trustees 09/12/11 30 day review ends 10/10/11 10/10/2011 Meeting of College Council Page 96 Constituent Review Ends 10/10/2011 Date approved by Board of Trustees 7/19/11 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed BP 5210 COMMUNICABLE DISEASES The President/Superintendent shall establish procedures necessary to assure cooperation with local public health officials in measures necessary for the prevention and control of communicable diseases in students. See Administrative Procedures 5210. Reference: Education Code Section 76403 Adopted by Board of Trustees: x/xx/xx Former Policy #819/531: “Communicable Diseases and Blood Borne Pathogens,” Adopted by Board of Trustees: 6/6/88 Amended: 1/11/93 COMMUNICABLE DISEASES AND BLOOD BORNE PATHOGENS It is the intent of the District to maintain high quality standards of infectious disease and blood borne pathogens control that protect the health and safety of the college community while not unduly restricting the employment and educational pursuits of its employees and students. Therefore, the District will adhere to the following: 1. It is considered a major responsibility of the District to keep its employees updated on current developments and practices concerning infectious diseases. It will be the primary responsibility of the President, or designee, to ensure this policy is properly administered. The focus of this policy is to provide employees with primary education, prevention, and a process for understanding the dangers of communicable diseases and blood borne pathogens which includes Hepatitis A, Hepatitis B, Hepatitis C, and HIV. 2. The District will not require mandatory screening (other than that required for employees, such as tuberculin testing) as a condition of employment. However, the District will encourage 10/10/2011 Meeting of College Council Page 97 Constituent Review Ends 10/10/2011 regular testing for groups which the District has determined would be potentially exposed to these hazards posed by communicable diseases and blood borne pathogens. 3. The District will abide by the communicable disease and blood borne pathogens policies of all outside institutions where our staff participate in affiliations. 4. The District will treat all employees equally, regardless of whether they have tested positive for any of the blood borne pathogens. The District will not deny a person who has been infected any benefits for which he/she is eligible. Individuals who are infected will not be denied employment so long as they are able to perform in accordance with the respective standards of their employment. 5. In accordance with existing District procedures and requirements, an employee's medical record is confidential information, and as such may not be released without the individual's written permission except as otherwise provided by law. 6. The District will take necessary steps to help ensure the safety of individuals participating in laboratory experiences or other college areas handling blood, blood products, body fluids, hypodermic needles, or where a potential occupational exposure may exist. 7. The President, or designee, shall establish, through the Safety Committee, a sub-committee on Health Services comprised of the Vice President of Student Services, Director of Human Resources, and school Nurse to make decisions on a case-by-case analysis (in consultation with the Public Health Department) of any question that arises regarding an employee who may be considered a possible danger to the health and safety of the college community. 8. The President, or designee, shall help develop an exposure control plan for communicable diseases and blood borne pathogens to help ensure the safety and health of all employees and students. The plan shall be in compliance with State and Federal regulations pertaining to communicable diseases and blood borne pathogens. 10/10/2011 Meeting of College Council Page 98 10/10/2011 Meeting of College Council Page 99 Constituent Review Ends 10/10/2011 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 5210 COMMUNICABLE DISEASES Student Health Center personnel shall act as a liaison to ensure cooperation with local health officers in measures necessary for the prevention and control of communicable diseases in students. Student Health Center personnel shall ensure the college remains in compliance with any immunization program required by State Department of Health Services regulations. The Student Health Center may provide the following testing services to assist in preventing the spread of communicable diseases: Tuberculin (TB) Hepatitis B Mononucleosis Pharyngitis Streptococcal (strep) Additional services for testing of sexually transmitted diseases may be offered through a separate organization in cooperation with the Student Health Center. The Health Occupations and Early Childhood Education departments ensure all students are educated to follow blood borne pathogen procedures to minimize the risk of communicable diseases. The Maintenance Department follows industry recognized cleaning practices to ensure the risk of communicable diseases is kept to a minimum. References: Education Code Section 76403 Approved: XX/XX/XXXX No previous Administrative Procedure 10/10/2011 Meeting of College Council Page 100 10/10/2011 Meeting of College Council Page 101 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy DRAFT BP 3050 INSTITUTIONAL CODE OF ETHICS The Redwoods Community College District upholds an institutional code of ethics for all of its personnel. The President/Superintendent shall ensure that the 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 members, administrators, students, and the Board of Trustees. Reference: Accreditation Standard III.A.1.d ACCCA Statement of Ethics December 14, 2010 Draft No Former Redwoods CCD Policy 10/10/2011 Meeting of College Council Page 102 10/10/2011 Meeting of College Council Page 103 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure DRAFT AP 3050 INSTITUTIONAL CODE OF ETHICS Definition of Ethics Ethical behavior is often described as “right” or “good” behavior as measured against commonly accepted rules of conduct for society or for a profession. The ethical person is often described as one who is fair, honest, straightforward, trustworthy, objective, unprejudiced, and equitable. The consistent exercise of integrity is the cornerstone of ethical behavior. Importance of Ethics A. The credibility of all employees depends upon whether they are perceived as honest men and women. If integrity contributes to credibility, then ethical behavior is a singular prerequisite to successful performance of one’s duties. B. Statements of ethical standards do not necessarily ensure ethical behavior. Yet, public statements of intent create an expression that employees will indeed act with integrity in the public interest. C. Although district’s guiding principles cannot address every issue or provide answers to every dilemma, they define the spirit in which we intend to conduct business and should guide us in our daily conduct. Ethical Standards All employees shall adhere to the following ethical standards: Exercise due diligence in the ethical performance of his or her duties and model the highest standard of ethically responsible behavior. Facilitate a climate of trust, mutual support, and courteous consideration through actions that demonstrate respect for institutional values (as defined in the mission, vision and values statement), freedom of expression, and the right to dissent in a constructive manner. Avoid knowingly making false and malicious statement about other employees or students. Use caution and integrity in sharing non public information, follow state and federal guidelines as they relate to privacy and avoid disclosing information about selection processes, colleagues, or students obtained in the course of professional service unless disclosure serves a valid business purpose, or is required by law. Avoid entering into or recommending the District enter into contractual relationships that create conflicts of interest and lead to personal gain. Avoid accepting business courtesies that attempt to influence District decisions. 10/10/2011 Meeting of College Council Page 104 Avoid permitting the interest of any members of the college community to override the best interest of the public served by the district. Challenge and report unethical behavior in a timely manner. Avoid fraudulent activities. Fraud is defined as a deception deliberately practices in order to secure unfair or unlawful gain. Confront issues and people without prejudice and exhibit mutual respect. Exercise due diligence to ensure that District resources are not used for other than their intended purpose. Employees of the District shall manage the district’s resources prudently and shall not improperly convert such resources to personal use or for the personal use of another, Compliance with Laws Commitment to ethical behavior requires complying with laws, rules, and regulations. Each employee must have an understanding of the policies, rules, laws, and regulations that apply to his or her specific role. If an employee is unsure of whether a contemplated action is permitted by law or district policy, he/she should seek advice from individuals who are knowledgeable about the matter. Employees are responsible for preventing violations of law and for reporting violations of laws to supervisors. Expectations of Ethical Behavior Employees of Redwoods Community College District shall be committed to the principles of honesty and equity. They shall not seek to abridge, for any purpose, the freedoms of other employees or students. At the same time, they shall not willingly permit the rights and privileges of any members of the college community to override the best interests of the public served by the District. Employees shall exercise judgments that are dispassionate, fair, consistent, and equitable. They shall do everything they can to demonstrate a commitment to excellence in education and without compromise to the principles of ethical behavior. Similarly, students are expected to abide by ethical behavior and decision-making in their treatment of college employees, other students, and members of the public. Conflict of Interest Executive administrative personnel and other designated personnel subject to the provisions of the Political Reform Act of 1974 as set forth in Government Code Section 18000 have additional responsibilities with reference to contracts and financial decisions made by the District as described in applicable conflict of interest laws. Violation of Institutional Code of Ethics Although the Institutional Code of Ethics can only be a guideline, violation of its tenets will likely result in a violation of District policies and procedures, and/or state and federal 10/10/2011 Meeting of College Council Page 105 laws and regulations. As such, any employee who violates the Institutional Code of Ethics may be subject to disciplinary action by the District as described in other District policies and collective bargaining agreements.