REDWOODS COMMUNITY COLLEGE DISTRICT
College Council
3:00 p.m. - Board Room
Monday, September 12, 2011
AGENDA
1. Minutes Dated August 1, 2011 (Page 2)
UNFINISHED BUSINESS
2. Update on Accreditation Visit
3. AP 5400 ‘Associated Students Organization’ (Alles/Kintay) (Page 5)
a. END OF 30 DAY REVIEW
4. BP/AP 3260 ‘Participatory Governance’ (Utpal/Cheryl) (Page 10)
5. AP 4231 ‘Grade Changes’ (Page 25)
a. Review Trustee Comments
6. AP5012 ‘Admissions and International Students’ (Cheryl) (Page 35)
NEW BUSINESS
7. BP 1100 ‘Redwoods Community College District’ (Doug)
8. BP/AP 2714 ‘Distribution of Tickets or Passes’ (Doug)
9. AP 3435 ‘Discrimination and Harassment Investigations’ (Ahn) (Page 39)
10. BP/AP 3600 ‘Auxiliary Organizations’ (Lee) (Page 63)
11. BP/AP 7310 ‘Nepotism’ (Keith) (Page 85)
12. BP/AP 5210 ‘Communicable Diseases’ (Cheryl/Michelle Hancock) (Page 88)
13. BP/AP 5205 ‘Student Accident Insurance’ (Page 92)
14. BP/AP 5040 ‘Student Records, Directory Information, and Privacy’ (page 95)
15. AP 5031 ‘Instructional Materials Fees’ (Page 109)
Policy and Procedure Tracking
Number
Misc
AP4024
AP 2411
AP2511
Misc
Misc
Misc
BP/AP 3050
AP3410
AP5400
Misc
BP/AP 5055
AP2435
AP305.03
AP4231
BP/AP 5010
AP 5011
BP/AP 5030
BP/AP 3430
AP 4103
Title
Budget Exigency
Definition of a Credit Hour (Interim)
Interim Policies
College Council
Policy and Procedure Revision Inventory
Section 508 : Access to Info and Data
College Council and the Brown Act
Institutional Code of Ethics
Nondiscrimination
Assoc. Students Organizations
Grant Funded Faculty Conversion Process
Enrollment Priorities
Evaluation of PZ/Superintendent
Priorities for Tenure Track Faculty Positions
Grade Changes
Admission and Concurrent Enrollment
Admissions Spec HS Students
Fees
Prohibition of Harassment
Work Experience
Status
Ac Senate to revise and re-submit to CC 09-26-11
Interim policy AP4024 implemented 05/02/11
Interim Policy on interim policies implemented 05/02
45 day review ends 09/26/11
Doug to draft comprehensive inventory
Mark Winter to investigate issue and report to Council
Dave and Doug to draft evaluations
Geisce Ly and Utpal G. strategizing revision
Council request review of best practices
30 day review ends 09/12/2011
Dave seeking best practices. Rox seeking legal
ASPC/Student Services to collaborate on revision
Tabled pending BOT discussion
Draft under Expanded Cabinet Review
Council to consider BOT input 09/12/11
45 day review ends 09/26/11
45 day review ends 09/26/11
45 day review ends 09/26/11
90 day review ends 11/07/2011
90 day constituent review ends 09/26/2011
College Council
REDWOODS COMMUNITY COLLEGE DISTRICT
09/12/11
Minutes of the College Council
7351 Tompkins Hill Road, Eureka, CA, Board Room
Monday, August 1 2011
MEMBERS
PRESENT
Mark Winter, Mike Richards, John Johnston, Alles Rebel (phone), Ron
McQueen, Marcia Williams (phone), Mark Renner (phone), Utpal Goswami,
Lee Lindsey, Keith Snow-Flamer, Roxanne Metz, Ahn Fielding
MEMBERS
ABSENT
Alise Hubner, Jose Ramirez, KT Rep
CALL TO ORDER
Utpal Goswami called the meeting to order at 3:00 p.m.
MINUTES
The minutes of 07/11/2011 were approved as presented.
Utpal Goswami reported that the College’s five substantive change requests
had been declined by the ACCJC due to the commission’s concern regarding
availability of district resources to support each site. Utpal reported that he
was scheduled to visit the ACCJC on August 8th and would learn more about
the next steps in the substantive change process.
Utpal announced the names of the ACCJC comprehensive accreditation selfstudy visiting team members. Utpal noted no visiting team members
represented the Career and Technical Education area.
UNFINISHED
BUSINESS
PARTICIPATORY
GOVERNANCE
DOCUMENT
The Council reviewed the draft participatory governance document and
discussed strategies for the institutionalization of the principles contained
therein.
The Council contemplated the idea of a document made up of two parts, the
first outlining the principles of participatory governance and the second
detailing implementation guidelines. The Council suggested numerous
qualitative and quantitative revisions to the current draft.
Utpal suggested introducing the participatory governance principles and
guidelines at convocation and noted that the discussion would relate to the
development of the new strategic plan.
The Council opted to forward the draft participatory governance document to
Cheryl Tucker who volunteered to incorporate the language into a board policy
and administrative procedure. The Council will review the BP and AP at their
September 12 meeting.
AP 2511 COLLEGE
COUNCIL
Page 2
The Council reviewed a suggested revision to the College Council scope as
outlined in AP 2511 ‘College Council.’ Utpal noted that the revised language
incorporated the process for resolution of competing drafts.
College Council
Minutes-College Council
Page 2 of 3
August 1, 2011
09/12/11
Utpal noted that he suggested striking language from the existing College
Council scope that limited the Council’s function to confirming that “…a policy
or procedure has gone through the shared governance process…”
Utpal noted that he added language that required College Council to develop
efficient internal processes.
The Council discussed how the President could, at the same time, serve as the
chair of College Council and receive recommendations from College Council.
Utpal noted that the Board delegated to the President the responsibility of
implementing administrative procedure, therefore the President should be
involved in policy and procedure development.
The Council discussed the effectiveness of members of a geographical area
(as opposed to those sharing employment responsibilities) comprising a
constituency group. Some members of Council noted that an individual from a
disparate site would have two avenues to receive information and submit
feedback, one through their geographical representative and one through their
employee classification representative.
Regarding the College Council membership list included in the revised AP
2511, a suggestion was made to change the title assigned to the
Administrators, Managers, Directors group to Managers’ Council.
The Council discussed the role of College Council in drafting or revising policy
and procedure from Chapter 1 ‘The District’ and Chapter 2 ‘Board of Trustees.’
ACTION A motion was made, seconded and passed unanimously to distribute for a 45
day constituent review period the revised AP 2511 ‘College Council.’
BP/AP 5010
ADMISSIONS AND
CONCURRENT
ENROLLMENT
Cheryl Tucker reported that after reviewing Ed Code, Title 5, League
templates, and best practices, she and Kathy Goodlive had authored the draft
BP and AP 5010.
A motion was made, seconded and passed unanimously to distribute for a 45
day constituent review period BP and AP 5010 ‘Admissions and Concurrent
ACTION Enrollment.’
AP 5011
ADMISSION
SPECIAL PART
TIME HIGHSCHOOL
STUDENT
A motion was made, seconded and passed unanimously to distribute for a 45
day constituent review period AP 5011 ‘Admission and Concurrent Enrollment
of Special Part-Time High School Students.’
BP/AP 5030 FEES
Cheryl Tucker noted that the draft BP and AP 5030 ‘Fees’ had been reviewed
by legal counsel and the CR business office.
ACTION A motion was made, seconded and passed unanimously to distribute for a 45
day constituent review period BP and AP 5030 ‘Fees.’
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College Council
Minutes-College Council
Page 3 of 3
August 1, 2011
AP 5400
‘ASSOCIATED
STUDENTS’
09/12/11
Alles Rebel, ASCR representative, noted that he and Kintay Johnson, ASCR
advisor, and other ASCR officials, had met and revised draft AP 5400
‘Associated Students.’
ACTION A motion was made, seconded and passed unanimously to distribute for a 30
day constituent review period AP 5400 ‘Associated Students.’
AP 4231 ‘GRADE
CHANGES’
Utpal reviewed comments offered by individual Board Members at the 07/12/11
BOT meeting regarding AP 4231 ‘Grade Changes.’ Concerns included:
1. The two week time frame (following the start of the subsequent
semester) in which a student may file a grade challenge is too short
2. The procedure lacks any process that would allow a student to
challenge the make-up of the Course Grade Challenge Committee
3. The description of how the course grade challenge committee will
determine an outcome is unclear (Step 3, paragraph 3).
Utpal suggested the Council discuss the Board Members’ concerns regarding
AP 4231 as agenda item 1 at the September 12, 2011 Council meeting.
NEW BUSINESS
BP/AP 3430
PROHIBITION OF
HARRSSMENT
A motion was made, seconded and passed unanimously to distribute for a 90
day constituent review period BP and AP 3430 ‘Prohibition of Harassment.’
Ahn noted that BP/AP 3420 ‘Equal Employment Opportunity’ and AP 3435
‘Discrimination and Harassment Investigations’ would be distributed to Council
members for information as soon as possible, and that the drafts would be
formally presented to the Council for a first read at the 09/12/11 Council
meeting.
BP/AP 3600
AUXILIARY
ORGANIZATIONS
Discussion postponed till 09/12/11 Council meeting.
BP/AP 7310
NEPOTISM
Discussion postponed till 09/12/11 Council meeting.
ADJOURN
DE
Utpal Goswami adjourned the meeting at 4:40 p.m.
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Revised by ASCR 07/28/2011
30 day constituent review ends 09/12/11
Board Policy / Administrative Procedure Cover Sheet
Title of Policy/Procedure: AP5400_Associated Students 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:
Research
 List pertinent codes researched (Ed
Code/Title 5, etc.)
 List other colleges researched
 Other references
Sr. Administrator Review (Name, date,
comments)
Kintay Johnson/Alles Rebel
ASCR/Residential Life
New
BP/AP5400
BP/AP 517.01
Cheryl Tucker, Kintay Johnson, Alles Rebel
Date submitted to PPRS
Comments:
7/28/2011



Ed Code 76060
College of the Desert, Orange Coast
College, Compton Community College
of the Redwoods
CR Board of Trustees
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
7/19/11
Page 5
Doug Edgmon 4148
Yes
Yes
No
07/28/11
08/01/11
College Council
09/12/11
Revised by ASCR 07/28/2011
30 day constituent review ends 09/12/11
REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
Proposed AP 5400
ASSOCIATED STUDENTS
The District shall have one Associated Students Organization. The District consists of the
following college, education centers, and instructional sites:
College of the Redwoods, Eureka
College of the Redwoods, Del Norte Education Center
College of the Redwoods, Mendocino Coast Education Center
College of the Redwoods, Klamath Trinity Instructional Site
College of the Redwoods, Arcata Instructional Site
Both day and evening student representatives shall be encouraged to participate in the Associated
Students Organization.
A governing body shall be elected that shall keep an account of its meetings, expenditures,
authorizations and policies established.
A simple majority of the elected voting members of the Associated Students Organization
governing body shall constitute a quorum.
The Associated Students Organization shall follow all policies established in the Constitution
and Bylaws.
References:
Education Code Section 76060
Approved: XX/XX/XXXX
Former Administrative Regulation No. 517.01 “Student Body Associations”
Approved: June, 1980
Revised: September 12, 1994
COLLEGE OF THE REDWOODS
Board of Trustees Policy No. 517
Administrative Regulation No. 517.01
STUDENT BODY ASSOCIATIONS
I. Associated Students of College of the Redwoods (ASCR)
The Board encourages students to form their own government and/or organization to represent
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30 day constituent review ends 09/12/11
the students at the Eureka campus, the Del Norte Center, and the Mendocino Center and to
continue activities not in conflict with the authority and responsibility of the District and
College. The ASCR organization must be voted upon by the members of the student body of
each campus or center and must be approved by the President of each campus (the Associate
Vice President at the centers) or designee. The governing board of the ASCR organization
should provide for the sanction and coordination of student clubs and activity programs for
students and should be financially responsible for all student activities.
II. Student Organizations
The Board encourages students to participate as members of official College clubs. Recognized
student clubs are defined as follows:
A. They must have a name.
B. The purpose of the organization must be compatible with the policies and educational
objectives of the College.
C. A member of the college faculty, support staff, or administration must act as advisor and be
present at all meetings or functions.
D. The organization is open to all currently enrolled students who hold an ASCR membership
and must number at least ten members.
E. The organization must have an approved constitution or charter and organization bylaws and
must maintain a current list of officers and members with the Vice President of Student Services
or designee.
F. Members must be selected without regard for race, religion, sex, or national origin.
G. The club must meet at least once a semester and announce meetings that must be open to the
general student body.
H. All organization funds must be deposited with the ASCR, and college accounts can be
established in the Business Office.
I. No organization will become official until approved by the Associated Students of College of
the Redwoods and the College President or designee.
J. A year-end report shall be filed with the college Student Activities Coordinator or Education
Center Advisor by the club advisor or organization president no later than June 15.
III. Ad Hoc Student Organizations
An ad hoc student organization is a group that is organized for a specific, yet temporary, purpose
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30 day constituent review ends 09/12/11
compatible with the policies and educational objectives of the College; it is not a group that is
ordinarily an ongoing organization. It is defined as follows:
A. It may not operate for more than 30 days.
B. Organizers must file a statement of purpose and have the approval of the Student Activities
Coordinator or Education Center Advisor.
C. The ad hoc organization will be granted all the privileges of a recognized student
organization.
D. All funds must be deposited with the College Business Office.
IV. Curriculum-related Activities Other Than Approved Field Trips
Class or class-originated activities not meeting at a designated time and/or place must have
written permission from the Vice President of Student Services and have the approval on file in
the Student Activities Office with the Student Activities Coordinator.
V. Privileges
Recognized student organizations will enjoy the following privileges:
A. The use of the College name in conjunction with the club name.
B. The use of buildings, grounds, equipment, and services of the College when available and
officially scheduled.
C. Publicity through College channels.
D. The club will be listed on the current club roster.
VI. Loss of Charter
Organizations that fail to comply with the previously mentioned regulations will have their
charter suspended or canceled, and any club funds will revert to the Associated Students of
College of the Redwoods general fund on June 30. Meetings held without advisors, monies
handled outside the normal College procedures, or failure to submit a year-end report are typical
examples of why many organizations are canceled. The Vice President of Student Services or
designee will be responsible for enforcing all organization regulations.
VII. Appeal Loss of Charter
Any club that loses its charter may appeal to the ASCR. Such appeals must be filed within 30
school days. If no appeal is filed, the action becomes effective.
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Revised by ASCR 07/28/2011
30 day constituent review ends 09/12/11
Approved: June, 1980
Revised: September 12, 1994
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College Council
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REDWOODS COMMUNITY COLLEGE DISTRICT
Board of Trustees Policy
BP 3260
PARTICIPATORY GOVERNANCE
Introduction
Governance at College of the Redwoods (CR) is a deliberate process which seeks out creative
and constructive ideas and perspectives of this community of learners. It enables active,
responsible participation of affected parties (which could be functional units and/or employee
groups) in the decision-making process by providing meaningful opportunities to introduce,
analyze, discuss and provide input or recommend courses of action before a final decision is
made. Governance at CR is a process of participatory governance where decisions are made at
the broadest possible level of the organizational structure.
Principles Embodied in Governance
1. Board/Administration Authority. Participatory gGovernance recognizes that the college
mission should drive governance and accepts the authority vested in the Board and the
Administration. It also recognizes that such authority will be exercised after due
consideration of the recommendations resulting from the participatory governance process.
2. Freedom of Expression. Participatory gGovernance is most effective when individuals and
groups can express their opinions and engage in discourse freely and without fear of retaliation.
Thus, it is the responsibility of all parties to conduct themselves and act in a manner that is
consistent with this principle.
3. Respect and Implementation of Final Decision. Participatory gGovernance is a process that
allows for many divergent views, opinions and perspectives to be brought forward and
discussed. However, pParticipatory gGovernance will be effective only if all parties agree to
accept the final decision and do their part in implementing it, though they may disagree with
the decision itself.
4. Constituent Participation and Influence. Participatory gGovernance recognizes that the
participation of affected constituent groups should be real and meaningful and that this
participation should be based on the principle that each group should havehas the largest
influence in matters that concern it most. As an example, according to this principle, faculty
will have the largest influence when it is a matter of curriculum (or the areas mandated by
AB 1725, such as curriculum,) while student services staff will have the largest influence
when it is a matter of matriculation.
5. Communication. Participatory gGovernance recognizes that in addition to the involvement
of members of affected groups or functional units, the need for establishing regular
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College Council
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communication between and among the representative bodies and seeking their participation
as appropriate.
6. Formal and Informal Processes. Participatory gGovernance recognizes that governance
involves implementation of an organized system combination of policies, procedures,
guidelines and practices. It is recognized that the deliberate and formal process of
participatory governance is appropriate for the first two while informal, and collegial,
consultation is appropriate for the later two.
7. Hiring and Evaluation of Administrators. Participatory gGovernance recognizes the
necessity and importance of participation of involved parties in the initial selection of
supervisors and administrators and subsequently in providing feedback in the evaluation
process of supervisors and administrators.
8. Decision Making. Participatory governance is most effective when decision-making is
distributed throughout the organization so that decisions can be made at the broadest level of
the organizational structure and when roles, responsibilities and decision-making authority of
functional units and committees are clearly delineated.
9. Exceptions to Shared Governance. Participatory gGovernance recognizes that while there is
the presumption that the administration will abide by the advice and recommendation of the
constituents there will be instances where it may choose to disregard such advice or
recommendation. In such cases it is incumbent upon the administration to provide a rationale
for the decision. It also recognizes that, in exceptional circumstances, it may become
necessary to take action affecting institutional constituencies without the full benefit from the
shared governance process. In such cases, the representative bodies will be informed as soon
as possible and will havebe provided an opportunitiesy to provide feedback.
10. Self-Assessment/Feedback. Participatory gGovernance requires periodic assessment of the
process itself. It is expected that the process will be evaluated at least once a year with the
express objective of making it better.
11. Decisions Not Requiring Participatory Governance. Participatory gGovernance recognizes
that there are many administrative decisions made in CR that do not fall under the purview of
this process—for example, developing the facilities master plan is a matter of participatory
governance while implementing the plan is not.
12. Timelines. Effective participatory governance requires that constituents and functional units
adopt processes and practices that allow for decision-making in a timely manner.
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Reference: Education Code Section 70902(b)(7); Title 5, Sections 53200 et seq., (Academic
Senate), 51023.5 (staff), 51023.7 (students); Accreditation Standard IV.A
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REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
AP 3260
PARTICIPATORY GOVERNANCE
College of the Redwoods hereby establishes a model for pParticipatory gGovernance to facilitate
broad participation and involvement in college decision-making by all members of the college
community, including students, faculty, classified staff and administrators. A major role of
governance for the college must rest with the President, directly accountable and responsible to
the Board of Trustees for the educational leadership and effective management of the college's
human, physical and fiscal resources. In keeping with the spirit of the Education Code of the
State of California, the success of participatory governance at College of the Redwoods depends
upon the levels of cooperation and trust attained, the values shared, and the consensus achieved
among all college constituencies. The goal of the participatory governance process is to bring
together all constituent groups in order to facilitate the development of college-wide
recommendations.
Participatory governance at CR must also function harmoniously with, but separate from,
collective bargaining laws and the negotiated agreements between the respective employee
bargaining units and the Redwoods Community College District. The California School
Employees Association (CSEA) and the College of the Redwoods Faculty Organization (CRFO)
represent the college classified staff and the faculty, respectively, in all matters pertaining to
hours, wages, and working conditions. The Academic Senate also has rights and responsibilities
that are defined by AB1725 (commonly referred to as the 10 + 1) and reflected in District Board
Policy. The participatory governance model should be one that functions within:



the mandates of AB 1725, the Education Code, and Title V of the Code of Regulations
the Collective Bargaining Agreement(s), and
the policies of the Board of Trustees of the Redwoods Community College District.
Vision/Mission/Values
Vision
College of the Redwoods is a learning community where lives are transformed.
Mission
College of the Redwoods puts student success first by providing outstanding developmental,
career technical, and transfer education. The College partners with the community to contribute
to the economic vitality and lifelong learning needs of its service area. We continually assess
student learning, and institutional performance and practices to improve upon the programs and
services we offer.
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Values
Student Success and Access: We put students first, ensuring that student learning,
advancement, and access are pivotal to all we do.
Educational Excellence and Innovation: We value ongoing and systematic planning and
evaluating methods that that move us towards excellence.
Honoring Diversity: We value all the members of our community and strive to create a
nurturing, honest, open environment that allows diversity to thrive.
Participatory Governance: We value ethical behavior and strive to create a culture where all
students, staff, faculty and administrators engage in an inclusive, ongoing and self-reflective
decision making.
Environmental Awareness: Wwe value the environment and recognize the need to minimize
our impacts upon it.
Community Development: We value the economic and intellectual development of the various
communities we serve.
Supportive Culture: We strive to create a supportive, problem-solving culture, and we
recognize the proven usefulness of an interest-based approach (IBA) for achieving trust,
cooperation and effective problem solving.
Accreditation Standards
Redwoods Community College District is accredited by the Accrediting Commission for
Community and Junior Colleges (ACCJC)Association of Community and Junior Colleges, the
two-year higher education division of the Western Association of Schools and Colleges.
Governance, as defined in these accreditation standards, supports institutional effectiveness by
requiring processes in which ethical and broad-based leadership:
 gGuide the accomplishment of the mission, and
 pPromote ongoing dialogue focused on continuous improvement.
Governance is addressed in two components of the accreditation standards. Standard IV includes
these statements most relevant to this document:
 gGovernance roles are designed to facilitate decisions that support student learning
programs and services and improve institutional effectiveness, while acknowledging the
designated responsibilities of the governing board and chief administrator.
 tThe institution establishes and implements a written policy providing for faculty, staff,
administrator, and student participation in decision-making processes. The policy
specifies the manner in which individuals bring forward ideas from their constituencies
and work together on appropriate policy, planning, and special-purpose bodies.
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These accreditation standards provide a mandate for collaborative decision making and ongoing
cooperation in decision making among the components of the District.
Value of Participatory Governance
Participatory governance is a process and structure designed to enable those who work and study
in an academic institution to share the responsibility for planning and guiding the direction of the
institution and for the implementation of recommendations and decisions. While decisions are
not always based on majority rule, due to a number of various factors, participatory governance
shares the democratic belief in the inherent equality and dignity of persons, and the goal of
promoting mutual benefit and individual liberty through an open deliberative process. It is this
process that, when embraced by its participants that, can lead to effective governance and can
result in an environment of innovation, respect, collaboration, and collegiality.
Active service in participatory governance requires a significant expenditure of time and effort,
both during, and in addition to, regularly assigned working hours. Substantial faculty and staff
involvement is critical to the success of this endeavor. Each member of the college community
belongs to one or more of the college constituent groups and has the responsibility to actively
participate in the participatory governance process. This responsibility may be a leadership role
or a representative role, in which one may be required to attend meetings, report information and
collect input, or as a general college member it may be to communicate questions, concerns and
opinions to one’s representatives.
Regardless of a member’s role, they may be asked to serve on committees or task forces and they
have the responsibility to keep informed about the issues facing their constituent group.
Whatever thea members role, it is through active involvement, by all members, in the
participatory government process that effective governance will occur.
Implementation of Participatory Governance at CR
The College and its governance groups strive to put into practice the spirit and principles of
participatory governance. Effective participatory governance is a partnership between and among
those who are charged with making recommendations and those who are held accountable for
outcomes. An inclusive governance structure enables members of the college community to
participate in developing recommendations for consideration by the Board of Trustees.
Through mechanisms of participatory governance, the knowledge and experience of committed
individuals and organizations will be molded into better decisions than any individual could
make alone. In addition, there is a greater likelihood that participants will understand, embrace,
and faithfully execute these jointly-developed decisions. Toward this end, it is appropriate that
each individual and each constituent group within the Redwoods Community College District
make a commitment to the success of our students, our mission, and the governance process by
subscribing to a common set of standards of conduct within the participatory governance
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process.
The participatory governance process at College of the Redwoods shall be guided by ourthe
following commitments to the following standards:
1. WeTo hold as our first priority in each decision the best interests of students and the
provision of the highest quality programs and services.
2. WeTo recognize that we are mutually dependent upon one another to perform our
respective roles. The Board of Trustees, administration, faculty, support staff, and
students all play critical roles; none of us can be successful without the support of others.
3. WeTo affirm that each of us who fulfills a role also has value because of the knowledge
and experience we contribute to making enlightened decisions. Our primary objective
will be to make the best decision.
4. We strive toTo be honest, open, candid, and tolerant; to expect and cultivate the same
behavior from all others in the process; and to refrain from words or behavior that either
personally demean another participant, or discount his or her contribution or legitimate
role.
5. WeTo refrain from making decisions in a unilateral and authoritarian manner.
6. WeTo respect the ultimate legal authority of another person or body to make the decision,
so long as there has been an attempt to understand and incorporate the reasoning and
perspectives of the various parties of interest, and so long as there has been a good-faith
attempt to gain consensus about the decision.
7. WeTo guard against tendencies of institutional, group, and personal self interest that can
divert the focus from making the best decision.
8. WeTo make our positions known to others as clearly and explicitly as possible, and to
make every effort to resolve conflict within the shared governance framework.
9. WeTo consider commitments of time and resources as a cost of governance that should
not detract from our fundamental role of providing direct instruction and services to
students.
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10. WeTo accept personal and group responsibility for the development of trust and
communication.
The intent of AB 1725 and the accreditation standards is actualized in such a spirit of
collaboration. Functionally, the process includes a system of committee meetings and activities
designed to solve challenges at levels closest to the staff and work units affected and to provide
the President with assistance in preparing plans, processes, and policies.
These processes work because members of the College governance, advisory, and operational
groups and administrative staff agree that shared responsibilities are important and are to be
protected through adherence to the following mutual agreements:
 All members of College governance, advisory, and operational groups agree to:
o Work for the greater good of our students.
o Use analytical skills, creativity, and expertise to further District long-range goals,
effective day-to-day functioning, and students’ well-being.
 Fulfill group member responsibilities through:
o Attendance at meetings
o Clear articulation of constituent needs
o Function as a team member with other members of the group
o Follow-through on tasks
o Report meeting outcomes back to constituent groups
 Work toward common understanding and consensus in an atmosphere of respect.
 Support the implementation of recommendations once group consensus is reached.
 Welcome change and innovation.
In turn, the President agrees to support the work of CDistrict groups by making the commitment
that members of College groups will have:
 Flexibility and resources needed to accomplish assigned tasks.
 Shared responsibility for outcomes.
 Praise and recognition for their work.
 Support for change and innovation.
 Access to leadership opportunities.
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Decision Making Model
College President
Constituent Groups
College Council
Sub Committees
Administrative
Team
Accreditation
Steering Team
CSEA
Budget Planning
Committee
Managers’ Council
Facilities Planning
Committee
ASCR
Enrollment
Management
Committee
CRFO
Safety Committee
Institutional
Effectiveness
Committee
Academic Senate
Curriculum
Committee
Multicultural
Diversity
Furniture &
Equipment
Committee
Faculty
Qualification
Faculty
Development
Basic Skills
Committee
Executive
Committee
Associate
Faculty
Technology
Committee
Education Master
Plan Committee
Program Review
Committee
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Tenure Review
CRFO Senate
Liaison
Professional
Relations
Committee
Academic
Standards and
Policies
Committee
Relationship of College Constituency Groups: Roles of Board, President, Faculty, Staff,
Administrators, and Students
The College has developed individualized processes to generate, review, and implement
recommendations on the academic and professional matters defined in law and regulation.
However, when the implementations of recommendations impact the Colleges as a whole, these
recommendations are presented at the College Council. After being reviewed and considered by
this group, recommendations flow to the President and Board of Trustees or return to the
originatingCollege group for clarification. This does not prevent the Academic Senate All groups
retain the right to from communicateing directly with the Board of Trustees.
Critical to the integrity of the College governance structure is that each member of the
community understands the roles, responsibilities, and accountability of each constituent group
in the governance process.
Members of the College have the authority and responsibility to make recommendations in
matters appropriate in scope. The scope for each constituent group outlined below is derived
from several sources: the Government Code of California, California Code of Regulations Board
Policy, and College practices and procedures.
Role of the Board of Trustees
Trustees are guardians of the public’s trust and are accountable to all citizens of the District. As
described in the previous section of this document, the Board’s primary responsibility is to
establish District policies that align with the minimum standards set by the Board of Governors
of the California Community Colleges.
The Board of Trustees, as elected representatives of the community, is the final voice in the
District subject to the laws and appropriate regulations of the State Legislature and State
Chancellor’s Office. The Board ensures that this mission and vision will be accomplished by
assigning responsibilities to the President. In this way, the Board remains outside the operations
of the District.
As a legislative body, the Board of Trustees conducts deliberations and actions openly within the
realm of public scrutiny consistent with Government Code Section 54953, also known as the
Ralph M. Brown Act. Minutes are prepared for all actions taken by the Board of Trustees to
serve as the District’s public record.
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College Council
Every regular Board meeting provides an opportunity for the public to address the Trustees on
any item of interest to citizens within the jurisdiction of the Board. No action, however, can be
taken on an issue unless it has first been noticed on the Board agenda. In response to
unagendized public comments, therefore, Board members may:




Request clarification from those making public comments;
Request staff to provide factual information on the comments being presented;
Request staff to report back to the Board on the subject of comment at a later meeting; or
Direct staff to place the matter on a future agenda.
The eExceptions to the requirement for open meetings occuris when the Board confers in private
for consideration of or to confer withon one of the following:
 Consideration of the appointment, employment, evaluation, discipline or dismissal of an
employee;
 Consideration of charges brought against an employee by another;
 Consideration of national or public security;
 Confer with legal counsel regarding litigation;
 Consideration of student disciplinary actions;
 Consideration of real property transactions;
 Confer with District representatives within the scope of collective bargaining; or
 Consideration of honorary degrees or gifts from anonymous donors;. Or
 on any time as current law allows.
Items to be discussed in such a closed session are disclosed in open session through the printed
and public Board agenda. Following a closed session, the Board reconvenes in open session and
announces any action taken in closed session and the vote or abstentions of its members.
Trustees do not disclose personnel, collective bargaining, or other discussions prohibited by law.
Role of District President/Superintendent
The President is the administrative agent of the Board of Trustees and, as such, is the only
employee responsible directly to the Board. The President is accountable for the operation of the
District and for providing policy recommendations to the Board.
The President has the right to accept, reject, or modify recommendations from the College
Council. When the President rejects or modifies a recommendation from the College Council,
he/she informs that group of the objections to their recommendation. The Academic Senate,
CRFO, CSEA, Managersment Council and ASCR retain the right to present their comments on
the President’s recommendation directly to the Board of Trustees.
Role of Faculty
Faculty members perform duties as instructors, librarians, or counselors in areas for which they
possess appropriate qualifications; assess and recommend articulation agreements; implement
activities based on applicable recommendations and District/College goals; perform other
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contractually identified professional responsibilities; and provide advice and recommendations
regarding relevant policies and procedures through active participation on committees, councils,
and task forces.
Full-time and part-time faculty members at theeach College are represented in governance by an
Academic Senate. In the following areas the Board delegates authority and responsibility to the
Academic Senate for making recommendations to the Board. In making decisions in these areas,
the Board will rely primarily upon the advice and judgment of the Academic Senate:
1. Curriculum, including establishing prerequisites and placing courses within disciplines
2. Degree and certificate requirements
3. Grading policies
4. Standards or policies regarding student preparation or success
5. Faculty qualifications, including equivalencies, internships, and the placement of
courses in disciplines for the purpose of establishing minimum qualifications
6. Decisions to offer tenure.
7. Policies for faculty professional development activities
In these areas the recommendations of the Senate will normally be accepted, and only in
exceptional circumstances and for compelling reasons will the recommendations not be accepted.
If a recommendation is not accepted, the Board or its representative, upon request of the
Academic Senate, will communicate its reasons in writing.
In the following areas the Board or its representatives will reach mutual agreement with the
Academic Senate, and such agreement will be expressed either by written resolution,
administrative regulation, board policy, or other board action:
1. Educational program development, including both the initiation and elimination of
programs
2. College governance structures, as related to faculty roles
3. Faculty roles and involvement in accreditation processes, including self-study and
annual reports
4. Processes for program review
5. Processes for institutional planning and budget development
6. Other academic and professional matters as mutually agreed upon between the Board
and the Academic Senate
In these areas, when agreement cannot be reached between the Board and the Academic Senate,
existing policy shall remain in effect unless continuing with such policy exposes the district to
legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or
in cases where the exposure to legal liability or substantial fiscal hardship requires existing
policy to be changed, the Board will act, after a good faith effort to reach agreement, only for
compelling legal, fiscal, or organizational reasons.
In addition to the specific responsibilities noted above, the Academic Senate is responsible, after
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consultation with the President or his or her designee, for making faculty appointments to all
committees, task forces, or other groups dealing with academic and professional matters.
Full-time and part-time faculty members within the District are represented in collective
bargaining by CRFO, which operates under a contract negotiated and approved by its members.
The two bodies that represent faculty are compatible; the Academic Senate isare responsible for
professional and academic matters, while the CRFO responds to negotiable matters such
aswithin the scope of salary, benefits, and working conditions.
Role of Classified Staff
Classified staff members include College employees in a wide range of positions including
administrative assistants, clerks, custodians, and grounds workers. Classified staff members are
provided with opportunities to participate in the formulation and development of
recommendations as well as in the processes for developing recommendations that have or will
have a significant effect on their workthem.
Classified staff members are represented by the CSEA. This collective bargaining unit conducts
elections to appoint classified staff to College governing councils in the areas that have or will
have a significant effect on staff and that are outside the scope of collective bargaining. Prior to
the Board of Trustees taking action on such matters, classified staff are provided with the
opportunity to participate in the formulation of recommendations through committee
participation in areas that affect them. The Board gives every reasonable consideration to
recommendations and opinions of staff.
Role of Students
Students are the reason the College exists: Students learn through participation in and completion
of approved courses and involvement in college life activities. Students are represented by an
Associated Student College of the Redwoods (ASCR) organization composed of an elected
Student Senate. The student government organization operates in accordance with its own
constitution and bylaws and is responsible for appointing student representatives to serve on
College councils and committees. In their role representing all students, they offer opinions and
make recommendations to the administration of the College and to the Board of Trustees with
regard to policies and procedures that have or will have a significant effect on students. Those
areas are specifically defined as:









Grading policies;
Codes of student conduct;
Academic disciplinary policies;
Curriculum development;
Courses or programs which should be initiated or discontinued;
Processes for institutional planning and budget development;
Standards and policies regarding student preparation and success;
Student services planning and development;
Students fees within the authority of the District to adopt; and
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Any other District and College policy, procedure, or related matter that the District Board
of Trustees determines will have a significant effect on students.
Generally, the Board of Trustees shall not take action on a matter having a significant effect on
students unless they have been provided with an opportunity to participate in the
recommendation process. The Board of Trustees ensures that recommendations and positions
developed by students are given every reasonable consideration. Similarly, the Academic Senate
will consult with their counterpart ASCR prior to making recommendations that impact students’
interests.
Role of Administrators and Management Staff
Administrators and management staff are held accountable to provide effective leadership for
and support of faculty and staff in the planning, implementation, and monitoring of College
activities while maintaining compliance with state regulations, laws, and College policies. They
are also held accountable to carry out their responsibilities in styles that support and maintain the
spirit and letter of participatory governance.
Structure of Participatory Governance Participatory governance at College of the Redwoods relies on advisory committees, each
concerned with functions critical to the well-being of the college community. The President
chairs College Council. College Council is assisted by information gathered by many segments
of the college. Other governance and representative groups at the college include:






Academic Senate (Full-time and Part-time Faculty)
Administrative Cabinet (Management Team)
Managers Council
California State Employees Association (CSEA) (Permanent Full-time & Part-time
Classified)
College of the Redwoods Faculty Organization (CRFO) (Full-time & Part-time Faculty)
Student Senate/Associated Students of CR (ASCR) (Students)
Operating Agreements for Groups
Operating agreements outline the rules of conduct, desired behaviors, delegation of authority,
and the roles and responsibilities of individuals who are committee members. While Ssome
groups may develop specific operating agreements. specific to its tasks as detailed later in this,T
there are five overall operating agreements for all CR groups.
1. All members of District groups understand that they attend meetings to represent constituent
groups at a College. In this role, members are responsible to serve as a conduit for
information and the catalyst for discussion on topics raised and within the constituent group.
These topics include, but are not limited to, the specific areas outlined in state law and
regulation.
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2. Team members are committed to their group’s charge and to agreed-upon norms for
operating in District groups. In the first fall meeting, each governance group will:




Distribute and discuss the group’s charge and reporting structure to ensure the group
membership understands of their relationship in between the Colleges’ governance
structures and the District groups
Develop norms for working as a team (see Appendix I for suggestions)
Develop operating agreements for determining recommendations
Review or establish task-specific operating agreements, if needed
3. Team members are committed to regular attendance and understand that matters will be acted
upon irrespective of absent members.
4. A record of each meeting is distributed andis posted on the District website.
5. Recommendations from all groups are forwarded to the President. The chairs are responsible
for tracking the progress of those recommendations and providing feedback to the group on
the approval, rejection, or modification of the recommendations. All College consultative
bodies are expected to conduct their work efficiently and provide recommendations to the
President on a timely basis. Failure to provide recommendations in a reasonable period of
time will result in the President exercising his delegated authority to act independently for the
good of the District.
6. It is everyone’s responsibility to work toward achieving the Mission, Vision, and Strategic
Goals of the College. Additionally, the members and chairs of committees are responsible for
ensuring a continuous flow of communication regarding decision making from the College
President, the College Council, committees, constituency groups, and the campus at large.
Reference: Education Code Section 70902(b)(7); Title 5, Sections 53200 et seq; 51023.5;
51023.7; Accreditation Standard IV.A.2, IV.A.5
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REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
Proposed AP 4231
GRADE CHANGES
Course Grade Challenge
The course grade given to each student shall be determined by the instructor(s) of the course. The
determination of the student’s grade by the instructor(s), in the absence of mistake, fraud, bad faith, or
incompetence, shall be final (Ed. Code 76232). A student who has evidence that the course grade awarded
to him/her by the instructor(s) of the course is based upon mistake, fraud, bad faith, or incompetence may
appeal the grade by following the steps below. The course grade challenge process is not a legal
proceeding. Advocates may attend but cannot act as legal counsel.
Grades will be reviewed within the following context:
1. Mistake – an error in calculation, or an error in marking the roll book relevant to grades, or
attendance. Additionally, mistakes may occur when physically assigning grades or when grades
are scanned into the computer system.
2. Bad Faith – disregarding or changing the basis of assigning grades after publication in the course
syllabus or using a system of grading other than that found in the syllabus without prior
notification to the students.
3. Fraud – selling grades or asking students to perform non-relevant activity in exchange for grades.
4. Incompetence – impaired ability (due to accident or illness) to adequately judge the student’s
performance.
Step 1: Consultation with the Instructor(s). No later than the second week of the academic semester
following the award of the grade, a student must attempt to resolve the course grade dispute through
consultation with the instructor of the course. In the event the course instructor is no longer at the college,
is on leave of absence, or refuses to consult with the student, the student may proceed to the next step.
However, during times when faculty are not under contract to teach, the course instructor is not required
to respond to requests for course grade consultation or to meet with students. Students may need to wait
until the beginning of the semester following the award of the disputed course grade for a response to
their request for a consultation. Upon resuming their contract to teach, the course instructor shall respond
to a course grade challenge within fourteen (14) calendar days of the first instructional day of the term or
within fourteen (14) calendar days of the student’s grade challenge request.
Step 2: Appeal to the Instructor’s(s’) Immediate Supervisor. If the student is not satisfied with the
result of Step 1, the student may appeal the matter to the instructor’s immediate supervisor using the
Course Grade Challenge form. The Course Grade Challenge form may be obtained from Enrollment
Services or center campus office. The student must complete the form and supply all supporting evidence
in writing to the instructor’s immediate supervisor within fourteen (14) calendar days of completion of
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Step 1. Failure to submit these materials within fourteen (14) calendar days terminates the course grade
challenge.
The immediate supervisor will inform the instructor that the student has completed a course grade
challenge form. The instructor is responsible for providing the criteria used in determining the course
grade. Following the review of these materials, the instructor’s immediate supervisor shall meet, when
possible, with the student and the instructor together to attempt to resolve the dispute regarding the
contested grade. If the course grade challenge is not resolved or terminated at this step, the student may
then proceed to Step 3.
Step 3: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not
resolved or terminated at Step 2, the student may file a written request with the Chief Instructional Officer
for a review of the evidence with a the Course Grade Challenge Committee. The written request for a
review must be submitted within fourteen (14) calendar days of the completion of Step 2. Failure to
submit this request within fourteen (14) calendar days terminates the course grade challenge. Upon
receipt of this request, the Chief Instructional Officer shall take the steps necessary to acquire the
materials and convene a Course Grade Challenge Committee comprised of two faculty members, two
students, and the Chief Instructional Officer who shall serve as the non-voting chair. It is at the
committee’s discretion to determine if sufficient evidence exists to make a determination on the basis of
the written record or to go to a hearing.
If the committee decides to go to a hearing, the chair shall advise the student and the instructor of the date,
time and location of the appeal hearing. The hearing shall be informal and shall take place before the
entire Course Grade Challenge Committee. No formal witnesses representing either party may attend.
However, each party may have an advocate that does not act as legal counsel. The format and duration of
the hearing shall be left to the discretion of the committee. The burden of proof rests with the student.
The student and the instructor shall answer questions related to the materials submitted in Step 2.
At the close of the review of the written record or hearing, as the case may be, the course grade challenge
shall be determined by a vote of three out of four of the voting members. The decision to change a grade
shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence (Ed. Code 76232).
The decision of the committee shall be final. The committee shall submit a written report of its decision
to the Chief Instructional Officer within three (3) working days of the hearing or review of the written
record, as the case may be. The Chief Instructional Officer shall notify the instructor and the student
within three working days after receiving the committee’s written report.
Step 4: Notification to the Board of Trustees. A student may appeal the committee’s decision to the
Board of Trustees only if evidence exists that the Course Grade Challenge policy and procedures were not
followed. Within 14 calendar days, the student shall notify the Chief Instructional Officer in writing
identifying specifically where the process was not followed. Failure to submit this written appeal within
14 calendar days shall terminate the course grade challenge. The Chief Instructional Officer will forward
the written appeal to the Board of Trustees. The Board of Trustees will review the written appeal to verify
whether or not the process was followed. The Board of Trustees shall refer the matter back to the
committee if it finds that the course grade challenge policy and procedures were not followed. Otherwise,
the decision of the committee shall stand.
Late Withdrawal
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Students who have extenuating circumstances beyond their control (i.e., medical issues or military orders)
may petition for a withdrawal after the deadline. Students must complete a petition, include detailed
information and attach verifying documentation within one year of the term in question.
Security of Grade Records
The District shall implement security measures for student records that assure no person may obtain
access to student grade records without proper authorization. These measures shall be installed as part of
any computerized grade data storage system.
The measures implemented by the District shall include, but not necessarily be limited to, password
protection for all student grade data bases, locking mechanisms for computer stations from which student
grade data bases can be viewed, and strict limits on the number of persons who are authorized to change
student grades.
Persons authorized to change grades shall be designated by the Vice President of Student Development or
his/her designee. No more than five District employees may be authorized to change student grades.
Only regular full-time employees of the District may be authorized to change grades. Student workers
may not change grades at any time.
Any person who discovers that grades have been changed by someone other than the persons authorized
to do so shall notify the Vice President of Student Development or his/her designee immediately. The
designee shall immediately take steps to lock the grade storage system entirely while an investigation is
conducted.
If any student’s grade record is found to have been changed without proper authorization, the District will
notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to
which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement
authorities.
Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational
institution to which a student has transferred.
Any student or employee who is found to have gained access to grade recording systems without proper
authorization, or who is found to have changed any grade without proper authority to do so, shall be
subject to discipline in accordance with District policies and procedures.
Any person who is found to have gained access to grade recording systems without proper authorization,
or who is found to have changed any grade without proper authority to do so, shall be reported to the
appropriate law enforcement agency having jurisdiction over the college where the incident occurred.
References: Education Code Sections 76224 and 76232; Title 5 Section 55025
Approved: XX/XX/XXXX
Former Administrative Procedure #528.01 “Regulations Regarding Academic Complaints,”
Adopted by Board of Trustees: June 6, 1994
Amended: 4/1/91
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COURSE GRADE CHALLENGE FORM
To be completed by the instructor’s (s’) immediate supervisor, signed by both parties, and submitted to
the Course Grade Challenge Committee through the Chief Instructional Officer.
Student ID # _______________________________
Name of Student: _________________________________________Date______________
Course _______________Section ___________Semester/Year_______________________
Name of Instructor(s):_________________________________
Student's statement of challenge (be brief, but specific, and base your statement only on the following
grounds: mistake, fraud, bad faith, or incompetence (Ed. Code 76224(a) 76232.). Attach supporting
evidence.
Outcome desired by student (be sure to include grade being requested):
Student's signature ______________________________________________
Date _______________
Step 1 - Instructors comments. Attach supporting evidence.
Instructor decision
Instructor signature _____________________________________________ Date _______________
Step 2 - Instructor’s Immediate Supervisor Comments:
Supervisor’s decision
Instructor’s immediate supervisor signature __________________________ Date ______________
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Copies to be distributed as follows: student, instructor(s), instructor’s immediate supervisor, Chief
Instructional Officer.
Exhibit No. AP 4231
COLLEGE OF THE REDWOODS
COURSE GRADE CHALLENGE COMMITTEE REPORT
Date ______________________________________________________
Name of Student ____________________________________________
Name of Instructor(s) _________________________________________
Committee findings related to mistake, fraud, bad faith, or incompetence:
Action and Recommendation(s) of the Committee*:
*NOTE: A course grade change requires a three out of four vote to approve. Chief Instructional Officer is
non-voting member.
SIGNATURES:
Chair
_______________________________________________
Faculty 1
_______________________________________________
Faculty 2
_______________________________________________
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_______________________________________________
Student 2
_______________________________________________
COLLEGE OF THE REDWOODS
Board of Trustees Policy No. 528
Administrative Regulation No. 528.01
REGULATIONS RE: ACADEMIC COMPLAINTS
For the purpose of this regulation, a student complaint against a faculty member is defined as a claim by a
student that his/her status or privileges as a student have been adversely affected by a faculty person's
decision or action. These complaints may include, but are not limited to, disputes on grading and unfair
treatment of the student in a course or related activity.
Student complaints under this regulation must be related to the student's status while enrolled in a specific
course or related activity and can only be made against the faculty member(s) assigned to the course or
related activity. Academic complaints must be filed within thirty (30) working days of the incident.
Student complaints against a faculty member shall follow this process:
STEP 1
A. The student meets in person with the faculty member in an attempt to resolve the complaint. If the
student and/or faculty member cannot agree to meet, the student shall proceed to Item 1B.
B. The student shall seek further assistance from the appropriate faculty members department chair, or
division/center dean within five (5) working days. It is the responsibility of the Department Chair or
division/center dean to refer the complaint and name of the complainant to the faculty member and
continue efforts toward problem resolution. If the matter is not resolved, the student may proceed to Step
2.
STEP 2
The student shall meet with the division/center dean of the faculty member s division. The division/center
dean shall set up a meeting between the parties to take place within fifteen (15) working days. The role of
the division/center dean at this meeting is that of a facilitator to help parties resolve the complaint. If the
complaint is resolved, the matter is considered closed. In the event that a resolution cannot be obtained,
the division/center dean shall complete the Step 2 Written Level Complaint Form, have it signed by all
parties, and submit it to the Vice President, Academic Affairs (center deans shall submit this form to the
President or designee). The matter then proceeds to Step 3.
STEP 3
A. The Vice President of Academic Affairs shall, within fifteen (15) working days from the receipt of the
complaint form, schedule a meeting of the Academic Complaints Committee. This committee shall hear
the complaint from the student as well as the position of the faculty member.
B. The Academic Complaints Committee is composed as follows:
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1. Two (2) students appointed by the ASCR President.
2. Two (2) faculty members appointed by the Academic Senate President.
3. One administrator appointed by the Vice President of Academic Affairs (appointed by the President
when the complaint is against faculty at the centers). The administrator shall chair the committee.
C. The committee shall be governed by these guidelines:
1. The committee shall comply with the established rules of confidentiality.
2. No committee member shall have been previously involved in any way with the issue or complaint
brought before the committee.
3. No witness shall have previously or currently filed a complaint against the faculty member.
4. The committee shall discuss the charge, hear testimony, examine witnesses, and receive all
evidence/input pertaining to the charge.
5. The student and faculty member shall be present at the hearing. Failure by the student to attend the
scheduled hearing shall cause the complaint to be dismissed and all records discarded. Failure by the
faculty member to attend such a scheduled hearing shall be a violation of this policy, and the complaint
will be found in favor of the student.
6. The student shall assume the burden of proof.
7. The student shall be allowed sufficient time to state the complaint and desired resolution. The faculty
member shall have sufficient time to present his/her statement concerning the student s complaints. After
initial opening statements have been made, the committee shall be permitted to question the student and
faculty member.
8. The hearing shall be closed to the public unless either the faculty member or the student requests, in
advance, a public hearing.
9. Official minutes of the hearing shall be taken.
STEP 4
A. The committee chair shall submit in writing the committee s findings of the facts, committee vote, and
recommended action, to both the student and faculty member, and to the Vice President of Academic
Affairs (for the centers deans, the President) within five (5) working days. The committee chair shall
provide this information on the Academic Complaint Committee s Report.
A decision to concur with the complaint and/or recommend further action requires an affirmation vote by
the majority of the committee. Failure to achieve the above-specified majority vote shall result in the
dismissal of the complaint and the discarding of all records, unless the decision is appealed to the
President s designee.
B. Within five (5) working days after the receipt of the findings and recommendations of the committee,
the Vice President of Academic Affairs (or President, for the centers) shall render a decision to accept or
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modify all or part of the committee's recommendation and shall transmit his/her decision to all concerned
parties.
C. If either party is dissatisfied with the recommendation of the committee, he or she shall consult, within
five (5) working days, with the President and express his/her position. The President may accept or reject
the previous decision of the Academic Complaints Committee and shall submit a decision with stated
reasons to all concerned.
D. Should either party be dissatisfied with the President s final decision, they can appeal to the Board of
Trustees within ten (10) working days of the President s final decision. The appeal should be made
through the President, who shall schedule the appeal at the next regularly scheduled Board meeting.
E. The Vice President of Academic Affairs shall retain complaint materials for two (2) years.
STEP 5
A. Upon entering this process, the student must complete steps 1, 2, 3, 4, and 5 before proceeding to the
Board of Trustees.
B. All participants should be aware that the employee (faculty member) or the student may request a
public session on the issue at the Board of Trustees level, if appealed to the Board of Trustees.
C. If the Board dismisses the complaint, all documents shall not become part of the student s record. If the
complaint is not dismissed, the District may refer to the issues raised in the complaint in the employee s
(faculty member's) regular evaluation.
If the Board s final decision is unfavorable to the student, or if the student accepts an unfavorable
decision, the student shall have the right to submit a written statement of his/her
objections to the decision. This statement shall become part of the student s record until such time as the
evidence is proved to be valid or invalid.
D. The decision of the Board of Trustees shall be final.
Adopted by Board of Trustees: June 6, 1994
Exhibit No. 528.01
COLLEGE OF THE REDWOODS
ACADEMIC COMPLAINT COMMITTEE WRITTEN LEVEL COMPLAINT FORM
(To Be Completed by the Division/Center Dean, Signed by Both Parties, and Submitted to the Academic
Complaints Committee Through the Vice President of Academic Affairs)
Name of Student: ____________________________
Page 32
Date:_____________
College Council
09/12/11
Academic Senate approved 4/1/11
College Council approved 06/06/11
Yellow Highlight denotes area of Board Member Comments
Name of Faculty Member:___________________________________________
Student's Statement of Complaint (be brief, but specific, with details):
Solution Desired by Student:
Student's Signature _____________________________ Date _____________
Faculty Member's Comments:
Faculty Member's Signature _______________________ Date _____________
Division/Center Dean's Comments:
Division/Center Dean's Signature _______________________ Date _____________
Copies to be distributed as follows: Student, Faculty Member, Department Chair, Division/Center Dean,
Vice President of Academic Affairs, and President.
Exhibit No. 528.02
COLLEGE OF THE REDWOODS
ACADEMIC COMPLAINT COMMITTEE REPORT
Page 33
College Council
09/12/11
Academic Senate approved 4/1/11
College Council approved 06/06/11
Yellow Highlight denotes area of Board Member Comments
Date: _______________________
Name of Student: _______________________
Name of Faculty Member Against Whom Complaint Has Been Made: _______________________
Committee Findings:
Action and Recommendation(s) of the Committee*:
*NOTE: This action requires 2/3 vote (3 Yes Votes), otherwise the matter is dismissed.
SIGNATURES:
Chair Faculty 1
_____________________________________________
Student 1
_____________________________________________
Faculty 2
_____________________________________________
Student 2
_____________________________________________
Page 34
College Council
09/12/11
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:
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College Council
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
Page 36
09/12/11
College Council
09/12/11
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/M1 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.
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College Council
09/12/11
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 Regulation
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College Council
REDW
WOODS CO
OMMUNIT
TY COLLE
EGE DISTR
RICT
Adminnistrative Prrocedure
09/12/11
DRAFT A
AP 3435
DISCRIMI
D
INATION AND
A
HAR
RASSMEN
NT INVEST
TIGATON
NS
Introd
duction an
nd Scope
These are the wriitten policiies and proccedures forr filing andd processingg complainnts of unlaw
wful
mination an
nd harassm
ment at Redw
woods Com
mmunity College Disttrict. Thesee policies annd
discrim
proceddures incorrporate the legal princciples contaained in nonndiscriminaation proviisions of thhe
Califoornia Code of Regulatiions, Title 5, sections 59300 et seq.
s as welll as other state and fedderal
requiremennts.
substaantive and procedural
p
Access to the Disstrict Boardd Policies and
a Adminnistrative Prrocedures oon nondiscrrimination and
unlawful discrim
mination aree provided on the Disttrict’s webssite at the following
f
U
URLs:
 http://ww
ww.redwoodds.edu/distrrict/board/N
New/indexx.asp
 http://ww
ww.redwoodds.edu/hum
manresources/nondiscrr.asp
The foollowing po
olicies and proceduress will be suupplied to a complainaant upon reequest to thhe
Humann Resourcees Office. They
T
incluude the folloowing Boaard Policiess:
 BP 3410 Nondiscrim
mination
 BP 3420 Equal Emp
ployment Opportunity
O
y
 BP 3430 Prohibition
n of Harasssment
The foollowing po
olicies and proceduress will be suupplied to a complainaant upon reequest to thhe
Humann Resourcees Office. They
T
incluude the folloowing Adm
ministrativve Procedu
ures:
 AP 3410 Nondiscrim
mination
 AP 3420 Equal Empployment O
Opportunityy
 AP 3430 Prohibitionn of Harasssment
H
t Investigattions
 AP 3435 Discriminaation and Harassment
The coomplaint prrocedure, AP
A 3435, m
may be acceessed on thee District’ss website att the follow
wing
URL:
ww.redwoodds.edu/Disttrict/Boardd/New/Chappter3/indexx.asp
 http://ww
Refereence: Educcation Codee, Section 66281.5;
6
G
Government
t Code, Secction 129500.1; Title 5,
Sectioons 59320, 59324, 593
326, 59328, and 59300 et seq.; 34
3 C.F.R., S
Section 1066.8(b).
Definiitions
Many terms in thhe complainnt procedurres have sppecific meaaning to thiss complainnt proceduree.
Appenndix “A” co
ontains a list of definiitions which are essenntial to this procedure.
Filingg a Timely Complain
nt
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College Council
Since failure to report harassment and discrimination impedes the District’s ability to stop the
behavior, the District strongly encourages employees and students who believe they are being
harassed or discriminated against, to file a complaint. The District also strongly encourages the
filing of such complaints within 30 days of the alleged incident. While all complaints are taken
seriously and will be investigated promptly, delay in filing impedes the District’s ability to
investigate and remediate.
All supervisors and managers have a mandatory duty to report incidents of harassment and
discrimination; the existence of a hostile, offensive or intimidating work environment, and acts
of retaliation.
Communicating that the Conduct is Unwelcome
The District further encourages students and staff to let the offending person know immediately
and firmly that the conduct or behavior is unwelcome, offensive, in poor taste, and/or
inappropriate.
Oversight of Complaint Procedure
The Director of Human Resources/EEO Officer is the “responsible District officer” charged with
receiving complaints of discrimination or harassment, and coordinating their investigation.
The actual investigation of complaints may be assigned by the Director of Human
Resources/EEO Officer and/or the President/Superintendent to other staff or to outside persons
or organizations under contract with the District. This shall occur whenever the Director of
Human Resources/EEO Officer is named in the complaint or implicated by the allegations in the
complaint.
Where to File a Complaint
A student or employee who believes he or she has been discriminated against or harassed in
violation of the prohibition of harassment and nondiscrimination policies and procedures may
make a complaint orally or in writing, within one year of the date of the alleged harassment or
the date on which the complainant knew or should have known of the facts underlying the
complaint.
If a complainant decides to file a formal written unlawful discrimination or harassment
complaint against the District, he or she must file the complaint on a form prescribed by the
California Community College Chancellor’s Office. These approved forms are available from
the Director of Human Resources and all other Human Resources personnel and at the following
URL:
http://www.cccco.edu/SystemOffice/Divisions/Legal/Discrimination/tabid/294/Default.aspx#co
mplaint_forms.
The completed form must be filed with any of the following:
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College Council



The Director of Human Resources/EEO Officer
The President/Superintendent’s Office which will forward the form to the Director of
Human Resources/EEO Officer; and/or
The California Community Colleges Chancellor’s Office.
Employee complainants shall be notified that they may file employment discrimination
complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the
Department of Fair Employment and Housing (DFEH). Student complainants will be notified
that they may file discrimination complaints with the Office for Civil Rights (OCR) of the U.S.
Department of Education at www.ed.gov/ocr/.
Complaints filed with the OCR, EEOC, and/or the DFEH should be forwarded to the
Chancellor’s Office. Any District employee who receives an alleged unlawful harassment or
discrimination complaint shall notify the Director of Human Resources/EEO Officer
immediately.
Intake and Processing of the Complaint
Upon receiving notification of an alleged harassment or discrimination complaint, the Director of
Human Resources/EEO Officer shall:
(1) Undertake efforts to informally resolve the charges, including but not limited to
mediation; rearrangement of work/academic schedules; obtaining apologies; providing
informal counseling and/’or training, etc.;
(2) Advise the complainant that he or she need not participate in an informal resolution of the
complaint, as described above, and that he or she may file a complaint with the Office of
Civil Rights (OCR) of the U.S. Department of Education, the Equal Employment
Opportunity Commission (EEOC) or the California Department of Fair Employment and
Housing (DFEH) as appropriate;
(3) Authorize the investigation of the complaint, and supervise and/or conduct a thorough,
prompt and impartial investigation of the complaint, as set forth below. Where
complainants opt for informal resolution, the designated officer will determine whether
further investigation is necessary to ensure resolution of the matter and utilize the
investigation process outlined below as appropriate. In the case of a formal complaint,
the investigation will include interviews with the complainant, the accused , and any
other persons who may have relevant knowledge concerning the complaint. This may
include victims of similar conduct.
(4) Review the factual information gathered through the investigation to determine whether
the alleged conduct constitutes harassment, or other unlawful discriminatory conduct,
giving consideration to all factual information and the totality of the circumstances,
including the nature of the verbal, physical, visual or sexual conduct, and the context in
which the alleged incidents occurred.
(5) Set forth the results of the investigation in a written report. The written report shall
include a description of the circumstances giving rise to the complaint, a summary of the
testimony of each witness, an analysis of any relevant data or other evidence collected
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during the investigation, a specific finding as to whether discrimination did or did not
occur with respect to each allegation in the complaint, and any other appropriate
information.
(A) Investigative Report: Provide the complainant and accused with a copy or summary
of the investigative report within ninety (90) days from the date the District received
the complaint. If the investigative report cannot be completed within ninety days, a
written notification will be provided to the complainant and accused as to the reasons
for the extension and estimated date of completion.
(B) Determination and Recommendation: The complainant and accused shall also be
provided with a written notice setting forth the determination of the Director of
Human Resources/EEO Officer or appointed designee, as to whether harassment or
other discriminatory conduct did or did not occur with respect to each allegation in
the complaint; a description of action taken, if any, to prevent similar problems from
occurring in the future; the proposed resolution of the complaint; and notice of the
parties’ rights to appeal to the District's Board of Trustees and the state Chancellor’s
Office. The results of the investigation and the determination as to whether
harassment or other discriminatory conduct occurred shall also be reported to the
accused, and the appropriate academic or administrative official(s). Reports to the
complainant shall be prepared so as not to violate any applicable privacy rights of the
accused.
Investigation of the Complaint
The District shall promptly investigate every complaint of harassment or discrimination. No
claim of workplace or academic harassment or discrimination shall remain unexamined. As set
forth above, where the complainant opts for an informal resolution, the [designated officer] may
limit the scope of the investigation, as appropriate. The District will keep the investigation
confidential to the extent possible, but cannot guarantee absolute confidentiality because release
of some information on a “need-to-know-basis” is essential to a thorough investigation.
Investigation Steps
The District will fairly and objectively investigate harassment and discrimination complaints
utilizing the following steps: interviewing the complainant(s); interviewing the accused
individual(s); identifying and interviewing witnesses, if any; reminding all individuals
interviewed of the District’s no-retaliation policy; considering whether any involved person
should be removed from the campus pending completion of the investigation; reviewing
personnel/academic files of all involved parties; reach a conclusion as to the allegations and any
appropriate disciplinary and remedial action; and see that all recommended action is carried out
in a timely fashion.
Timeline for Completion
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The District will undertake its investigation promptly and swiftly as possible. To that end, the
investigator shall complete the above steps, and prepare a written report within 90 days of the
District receiving the complaint.
Cooperation Encouraged
All employees are expected to cooperate with a District investigation into allegations of
harassment or discrimination. Lack of cooperation impedes the ability of the District to
investigate thoroughly and respond effectively. However, lack of cooperation by a complainant
or witnesses does not relieve the District of its obligation to investigate. The District will conduct
an investigation if it is discovered that harassment is, or may be occurring, with or without the
cooperation of the alleged victim(s) and regardless of whether a complaint is filed.
Discipline and Corrective Action
If harassment, discrimination and/or retaliation occurred in violation of the policy or procedure,
the District shall take disciplinary action against the accused and any other remedial action it
determines to be appropriate. The action will be prompt, effective, and commensurate with the
severity of the offense. If discipline is imposed, the nature of the discipline will not be
communicated to the complainant.
Disciplinary actions against faculty, staff and students will conform to all relevant statutes,
regulations, personnel policies and procedures, including the provisions of any applicable
collective bargaining agreement.
The District shall also take reasonable steps to protect the complainant from further harassment,
and/or discrimination, and to protect the complainant and witnesses from retaliation as a result of
communicating the complaint and/or assisting in the investigation. The District shall take
reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all
parties to the extent possible without impeding the District’s ability to investigate and respond
effectively to the complaint.
Appeals
If the complainant is not satisfied with the results of the administrative determination, he or she
may, within fifteen days, submit a written appeal to the Board of Trustees. The Board shall
review the original complaint, the investigative report, the administrative decision, and the
appeal. The Board shall issue a final District decision in the matter within 45 days after receiving
the appeal. A copy of the decision rendered by the Board shall be forwarded to the complainant
and to the state Chancellor’s Office. The complainant shall also be notified of his or her right to
appeal this decision.
If the Board does not act within forty-five (45) days the administrative determination shall be
deemed approved and shall become the final decision of the District in the matter.
The complainant shall have the right to file a written appeal with the state Chancellor’s Office
within thirty days after the Board issued the final District decision or permitted the
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administrative decision to become final. Such appeals shall be processed pursuant to the
provision of Section 59350 of Title 5 of the California Code of Regulations.
In any case involving employment discrimination, including workplace harassment, the
complainant may, at any time before or after the issuance of the final decision of the District, file
a complaint with the Department of Fair Employment and Housing. In such cases, the
complainant may also file a petition for review with the state Chancellor’s Office within thirty
days after the governing board issues the final decision or permits the administrative decision to
become final.
Within 150 days of receiving a formal complaint, the District shall forward to the state
Chancellor’s Office the original complaint, the investigative report, a copy of the written notice
to the complainant setting forth the results of the investigation, a copy of the final administrative
decision rendered by the Board or indicating the date upon which the decision became final, and
a copy of the notification to the complainant of his or her appeal rights. If, due to circumstances
beyond its control, the District is unable to comply with the 150-day deadline for submission of
materials, it may file a written request for an extension of time no later than ten days prior to the
expiration of the deadline.
Dissemination of Policy and Procedures
District Policy and Procedures related to harassment will be provided to all students, faculty
members, members of the administrative staff and members of the support staff, and will be
posted on campus.
When hired, employees are required to sign that they have received the policy and procedures,
and the signed acknowledgment of receipt is placed in each employee’s personnel file. In
addition, these policies and procedures are incorporated into the District's course catalogs and
orientation materials for new students.
In years in which a substantive policy or procedural change has occurred, all District employees
will be informed of the policy or procedural changes and receive a copy of the revised policies
and procedures.
In addition to the website, informational/instructional documents on the District’s policies and
complaint procedures will be made available to all students through the Associated Student Body
office. The student informational documents shall include an explanation of the policy, how it
works, and how to file a complaint.
Training
The District will provide at least two hours of classroom or other effective interactive training
and education regarding sexual harassment to all supervisory employees every two years. All
new supervisory employees must be provided with the training and education within six months
of their assumption of a supervisory position.
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College Council
The training and education required by this procedure shall include information and practical
guidance regarding the federal and state statutory provisions concerning the prohibition against
and the prevention and correction of sexual harassment and the remedies available to victims of
sexual harassment in employment. The training and education shall also include practical
examples aimed at instructing supervisors in the prevention of harassment, discrimination, and
retaliation, and shall be presented by trainers or educators with knowledge and expertise in the
prevention of harassment, discrimination, and retaliation.
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Appendix A:
Definitions
Appeal
A written request by a complainant made in writing to the Redwoods Community
College District governing board pursuant to Title 5, section 59338, and/or to the
State Chancellor’s Office pursuant to Title 5, section 59339, to review the
administrative determination of the District regarding a complaint of
discrimination.
Association
“Association with a person or group with these actual or perceived
characteristics.” This includes advocacy for or identification with people who
have one or more characteristics of a protected category listed in the “Unlawful
Discrimination Policy, Board Policy 3410” and Title 5, Section 59300, or
participation in a group associated with persons having such characteristics, or use
of a facility associated with use by such persons.
Complaint
A written and signed statement meeting the requirements of Title 5, section 59328
that alleges unlawful discrimination in violation of the nondiscrimination
regulations adopted by the Board of Governors of the California Community
Colleges, as set forth at Title 5, section 59300 et seq.
Day(s)
Calendar days unless otherwise specified.
Disability
Any mental or physical disability as defined in California Government Code
Section 12926. See also – Mental Disability and Physical Disability. If the
Americans with Disabilities Act of 1990 definitions would result in broader
protection of the civil rights of individuals with a mental or physical disability or
would include any medical condition not included within these definitions, then
that broader protection or coverage will be deemed incorporated by reference into,
and shall prevail over conflicting provisions of, the definitions in California
Government Code Section 12926 and should be included in District policy.
(Government Code Section 12926(1)).
District
The Redwoods Community College District or any District program or activity
funded directly by the state or receives financial assistance from the state. This
includes any organization associated with the District, receiving state funding or
financial assistance through the District.
Gender
An individual’s sex, male or female. Also includes a person’s gender identity and
gender-related appearance and behavior whether or not stereotypically associated
with the person’s assigned sex at birth.
Mental
Disability
Page 46
Includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as mental
retardation, organic brain syndrome, emotional or mental illness, or specific
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College Council
learning disabilities, that limits a major life activity. For purposes of this
section:
(A) "Limits" shall be determined without regard to mitigating measures, such
as medications, assistive devices, or reasonable accommodations, unless
the mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity
if it makes the achievement of the major life activity difficult.
(C) "Major life activities" shall be broadly construed and shall include
physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in
paragraph (1) which requires specialized supportive services.
(3) Having a record or history of a mental or psychological disorder or condition
described in paragraph (1) or (2), which is known to the District.
(4) Being regarded or treated by the District as having, or having had, any mental
condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the District as having, or having had, a mental or
psychological disorder or condition that has no present disabling effect, but
that may become a mental disability as described in paragraph (1) or (2).
(6) "Mental disability" does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders
resulting from the current unlawful use of controlled substances or other
drugs. Antisocial behavior or mental disorders which cause a threat to the
safety of District personnel or property; which disrupt the operations of the
District; or which are specifically excluded by governing statutes will also not
be determined to be “mental disability.”
Physical
Disability
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Includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological,
immunological, musculoskeletal, special sense organs, respiratory,
including speech organs, cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating measures
such as medications, assistive devices, prosthetics, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement,
or anatomical loss limits a major life activity if it makes the
achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes
physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires
specialized supportive services.
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College Council
(3) Having a record or history of a disease, disorder, condition, cosmetic
disfigurement, anatomical loss, or health impairment described in paragraph
(1) or (2), which is known to the District.
(4) Being regarded or treated by the District as having, or having had, any
physical condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the District as having, or having had, a disease,
disorder, condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a physical
disability as described in paragraph (1) or (2).
(6) "Physical disability" does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders
resulting from the current unlawful use of controlled substances or other
drugs.
Responsible
District
Officer
The officer identified by the District to the State Chancellor’s Office as the person
responsible for receiving complaints filed pursuant to Title 5, section 59328, and
coordinating the District investigation. For the Redwoods Community College
District and for the purpose of Title 5 compliance, the Responsible District
Officer is the Director of Human Resources/EEO Officer.
Sexual
Harassment Unlawful discrimination in the form of unwelcome sexual advances, requests for
sexual favors, and other verbal, visual, or physical conduct of a sexual nature,
made by someone from or in the workplace or in the educational setting, and
includes but is not limited to:
(1) Making unsolicited written, verbal, physical, and/or visual contacts with
sexual overtones. (Examples of possible sexual harassment that appear in a
written form include, but are not limited to: suggestive or obscene letters,
notes, invitations. Examples of possible verbal sexual harassment include, but
are not limited to: leering, gestures, display of sexually aggressive objects or
pictures, cartoons, or posters.)
(2) Continuing to express sexual interest after being informed that the interest is
unwelcomed.
(3) Making reprisals, threats of reprisal, or implied threats of reprisal following a
rebuff of harassing behavior. The following are examples of conduct in an
academic environment that might be found to be sexual harassment: implying
or actually withholding grades earned or deserved; suggesting a poor
performance evaluation will be prepared; or suggesting a scholarship
recommendation or college application will be denied.
(4) Engaging in explicit or implicit coercive sexual behavior within the work
environment which is used to control, influence, or affect the employee’s
career, salary, and/or work environment.
(5) Engaging in explicit or implicit coercive sexual behavior within the
educational environment that is used to control, influence, or affect the
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College Council
educational opportunities, grades, and/or learning environment of a student.
(6) Offering favors or educational or employment benefits, such as grades or
promotions, favorable performance evaluations, favorable assignments,
favorable duties or shifts, recommendations, reclassifications, etc., in
exchange for sexual favors.
Sexual
Orientation
Unlawful
Discrimination
Page 49
Heterosexuality, homosexuality, or bisexuality.
Discrimination based on a category protected under Title 5, Section 59300,
including sexual harassment and retaliation.
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09/12/11
COLLEGE OF THE REDWOODS
Board of Trustees Policy No. 809
Administrative Regulation No. 809.03
PROCEDURES FOR COMPLAINTS OF UNLAWFUL DISCRIMINATION
(Including Title IX Complaints)
Introduction and Scope
These are the written policies and procedures for filing and processing complaints of unlawful
discrimination at Redwoods Community College District. These policies and procedures
incorporate the legal principles contained in nondiscrimination provisions of the California Code
of Regulations, Title 5, sections 59300 et seq. as well as other state and federal substantive and
procedural requirements.
A copy of these written policies on unlawful discrimination will be displayed in a prominent
location in the main administrative building or other area where notices regarding the
institution’s rules, regulations, procedures, and standards of conduct are posted.
Authority: 20 U.S.C. § 1681 et seq.; Ed. Code, §§ 66270, 66271.1, 66281.5; Gov. Code, §
11135-11139.5; Cal. Code Regs., tit. 5, § 59326. Reference: Cal. Code Regs., tit. 5, § 59300 et
seq.; 34 C.F.R. § 106.8(b).
Definitions
Definitions applicable to nondiscrimination policies are as follows:
 "Appeal" means a request by a complainant made in writing to the Redwoods
Community College District governing board pursuant to Title 5, section 59338,
and/or to the State Chancellor’s Office pursuant to Title 5, section 59339, to review
the administrative determination of the District regarding a complaint of
discrimination.
 "Complaint" means a written and signed statement meeting the requirements of Title
5, section 59328 that alleges unlawful discrimination in violation of the
nondiscrimination regulations adopted by the Board of Governors of the California
Community Colleges, as set forth at Title 5, section 59300 et seq.
 "Days" means calendar days.
 "Mental disability" includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as mental
retardation, organic brain syndrome, emotional or mental illness, or specific
learning disabilities, that limits a major life activity. For purposes of this section:
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(A) "Limits" shall be determined without regard to mitigating measures, such as
medications, assistive devices, or reasonable accommodations, unless the
mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it
makes the achievement of the major life activity difficult.
(C) "Major life activities" shall be broadly construed and shall include physical,
mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in
paragraph (1) that requires specialized supportive services.
(3) Having a record or history of a mental or psychological disorder or condition
described in paragraph (1) or (2), which is known to the District.
(4) Being regarded or treated by the District as having, or having had, any mental
condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the District as having, or having had, a mental or
psychological disorder or condition that has no present disabling effect, but that
may become a mental disability as described in paragraph (1) or (2).
"Mental disability" does not include sexual behavior disorders, compulsive gambling,
kleptomania, pyromania, or psychoactive substance use disorders resulting from the
current unlawful use of controlled substances or other drugs.1[1]
"Physical disability" includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or
anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological,
musculoskeletal, special sense organs, respiratory, including speech organs,
cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin,
and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating measures such as
medications, assistive devices, prosthetics, or reasonable accommodations, unless
the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or
anatomical loss limits a major life activity if it makes the achievement of the
major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes physical, mental,
and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires
specialized supportive services.
(3) Having a record or history of a disease, disorder, condition, cosmetic
disfigurement, anatomical loss, or health impairment described in paragraph (1) or
(2), which is known to the District.
1[1]
If the Americans with Disabilities Act of 1990 definitions would result in broader protection of the civil rights of
individuals with a mental or physical disability, or would include any medical condition not included within these
definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall
prevail over conflicting provisions of the definitions in Government Code section 12926 and should be included in
district policy. (Gov. Code, § 12926(l).)
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


2[2]
(4) Being regarded or treated by the District as having, or having had, any physical
condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the District as having, or having had, a disease,
disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment
that has no present disabling effect but may become a physical disability as
described in paragraph (1) or (2).
(6) "Physical disability" does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders
resulting from the current unlawful use of controlled substances or other drugs.2[2]
“District” means the Redwoods Community College District or any District program
or activity that is funded directly by the state or receives financial assistance from the
state. This includes the District Personnel Commission and any other organization
associated with the District or its college(s) that receives state funding or financial
assistance through the District.
“Responsible District Officer” means the officer identified by the District to the State
Chancellor's Office as the person responsible for receiving complaints filed pursuant
to Title 5, section 59328, and coordinating their investigation.
“Sexual harassment” is unlawful discrimination in the form of unwelcome sexual
advances, requests for sexual favors, and other verbal, visual, or physical conduct of a
sexual nature, made by someone from or in the workplace or in the educational
setting, and includes but is not limited to:
(1) Making unsolicited written, verbal, physical, and/or visual contacts with sexual
overtones. (Examples of possible sexual harassment that appear in a written form
include, but are not limited to: suggestive or obscene letters, notes, invitations.
Examples of possible verbal sexual harassment include, but are not limited to:
leering, gestures, display of sexually aggressive objects or pictures, cartoons, or
posters.)
(2) Continuing to express sexual interest after being informed that the interest is
unwelcomed.
(3) Making reprisals, threats of reprisal, or implied threats of reprisal following a
rebuff of harassing behavior. The following are examples of conduct in an
academic environment that might be found to be sexual harassment: implying or
actually withholding grades earned or deserved; suggesting a poor performance
evaluation will be prepared; or suggesting a scholarship recommendation or
college application will be denied.
(4) Engaging in explicit or implicit coercive sexual behavior within the work
environment which is used to control, influence, or affect the employee’s career,
salary, and/or work environment.
(5) Engaging in explicit or implicit coercive sexual behavior within the educational
environment that is used to control, influence, or affect the educational
opportunities, grades, and/or learning environment of a student.
(6) Offering favors or educational or employment benefits, such as grades or
promotions, favorable performance evaluations, favorable assignments, favorable
Ibid.
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
duties or shifts, recommendations, reclassifications, etc., in exchange for sexual
favors.
“Unlawful discrimination” means any complaint of unlawful discrimination based on
a category protected under Title 5, section 59300, including sexual harassment and
retaliation.
Authority: Gov. Code, § 12926; Cal. Code Regs., tit. 5, § 59311; Revised Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title
IX, Office for Civil Rights, January 19, 2001.
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Students and Employees Notice, Training, and Education
The Redwoods Community College District’s responsible officer shall make arrangements
for or provide training to employees and students on the District’s unlawful discrimination
policy and procedures. Faculty members, members of the administrative staff, and members
of the support staff will be provided with a copy of the District’s written policy on unlawful
discrimination at the beginning of the first quarter or semester of the college year after the
policy is adopted.
All District employees will receive this training and a copy of the unlawful discrimination
policies and procedures during the first year of their employment. Because of their special
responsibilities under the law, supervisors will undergo mandatory annual training. In years
in which a substantive policy or procedural change has occurred all District employees will
attend a training update and/or receive a copy of the revised policies and procedures.
A training program or informational services will be made available to all students in the
college catalog. The student training or informational services should include an explanation
of the policy, how it works, and how to file a complaint. In addition, a copy of the District’s
written policy on unlawful discrimination, as it pertains to students, will be provided as part
of any orientation program conducted for new students at the beginning of each quarter,
semester, or summer session, as applicable.
Authority: Ed. Code, § 66281.5; Cal. Code Regs., tit. 5, §§ 59324 and 59326. Reference: Cal.
Code Regs., tit. 5, § 59300 et seq.; 34 C.F.R. § 106.8(b).
Unlawful Discrimination Policy
The policy of the Redwoods Community College District is to provide an educational and
employment environment in which no person shall be unlawfully denied full and equal
access to, the benefits of, or be unlawfully subjected to discrimination on the basis of ethnic
group identification, national origin, religion, age, sex, race, color, ancestry, sexual
orientation, or physical or mental disability in any program or activity that is administered
by, funded directly by, or that receives any financial assistance from the State Chancellor or
Board of Governors of the California Community Colleges.
The policy of the Redwoods Community College District is to provide an educational and
employment environment free from unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct or communications constituting sexual harassment.
Employees, students, or other persons acting on behalf of the District who engage in
unlawful discrimination as defined in this policy or by state or federal law may be subject to
discipline, up to and including discharge, expulsion, or termination of contract.
In so providing, the Redwoods Community College District hereby implements the provisions of
California Government Code sections 11135 through 11139.5, the Sex Equity in Education Act
(Ed. Code, § 66250 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), Title
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IX of the Education Amendments of 1972 (20 U.S.C. § 1681), Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12100
et seq.) and the Age Discrimination Act (42 U.S.C. § 6101)3[3].
Authority: Cal. Code Regs., tit. 5, § 59300; Gov. Code, §§ 11135-11139.5; Ed. Code, § 66250 et
seq.; 42 U.S.C. § 2000d; 20 U.S.C. § 1681; 29 U.S.C. § 794; 42 U.S.C. § 12100 et seq.; 42
U.S.C. § 6101.
Retaliation
It is unlawful for anyone to retaliate against someone who files an unlawful discrimination
complaint, who refers a matter for investigation or complaint, who participates in an
investigation of a complaint, who represents or serves as an advocate for an alleged victim or
alleged offender, or who otherwise furthers the principles of this unlawful discrimination policy.
Authority: 20 U.S.C. § 1681 et seq.; 34 C.F.R. § 106; Cal. Code Regs., tit. 5, § 59300 et seq.;
Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other
Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001.
Academic Freedom
The Redwoods Community College District Governing Board reaffirms its commitment to
academic freedom, but recognizes that academic freedom does not allow any form of unlawful
discrimination. It is recognized that an essential function of education is a probing of opinions
and an exploration of ideas that may cause some students discomfort. It is further recognized that
academic freedom insures the faculty’s right to teach and the student’s right to learn. Finally,
nothing in these policies and procedures shall be interpreted to prohibit bona fide academic
requirements for a specific community college program, course or activity.
Reference: Cohen v. San Bernardino Valley College (1995) 883 F.Supp. 1407, 1412-1414, affd.
in part and revd. in part on other grounds, (1996) 92 F.3d 968; Cal. Code Regs., tit. 5, § 59302.
Responsible District Officer
The Redwoods Community College District has identified Ibrahim “Abe” Ali, Human Resources
Director/EEO to the State Chancellor’s Office and to the public as the single District officer
responsible for receiving all unlawful discrimination complaints filed pursuant to Title 5, section
59328, and for coordinating their investigation. The actual investigation of complaints may be
assigned to other staff or to outside persons or organizations under contract with the District.
Such delegation procedures will be used whenever the officer designated to receive complaints is
3[3]
If the federal statutes cited above would result in broader protection of the civil rights of individuals then that
broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting
provisions of Title 5, section 59300, as cited in the Model Policy.
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named in the complaint or is implicated by the allegations in the complaint.4[4]
Administrators, faculty members, other District employees, and students shall direct all
complaints of unlawful discrimination to the responsible District officer.
Authority: Cal. Code Regs., tit. 5, § 59324; 34 C.F.R. § 106.8.
Informal/Formal Complaint Procedure5[5]
When a person brings charges of unlawful discrimination to the attention of the District’s
responsible officer, that officer will:
(1) Undertake efforts to informally resolve the charges;
(2) Advise the complainant that he or she need not participate in informal resolution;
(3) Notify the person bringing the charges of his or her right to file a formal complaint
and explain the procedure for doing so;
(4) Assure the complainant that he or she will not be required to confront or work out
problems with the person accused of unlawful discrimination;
(5) Advise the complainant that he or she may file a nonemployment-based complaint
with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a
complaint is within that agency’s jurisdiction.
(6) If the complaint is employment-related, the complainant should also be advised that
he or she may file a complaint with the U.S. Equal Employment Opportunity
Commission (EEOC) and/or the California Department of Fair Employment and Housing
4[4]
The Office for Civil Rights (OCR) advises educational institutions to give one official responsibility for
oversight and coordination of all sexual harassment complaints to insure consistent practices and standards in
handling complaints as well as coordination of record keeping. This will help ensure that the educational institution
can and will resolve recurring problems and identify students or employees who have multiple complaints filed
against them. The State Chancellor's Office advises that having the responsible district officer, named pursuant to
Title 5, section 59324, coordinate both sexual harassment and other unlawful discrimination complaints satisfies
OCR’s instruction on this subject.
5[5]
The purpose of the informal resolution process is to allow an individual who believes she/he has been
unlawfully discriminated against or sexually harassed to resolve the issue through a mediation process rather than
the formal complaint process. Typically, the informal process will be invoked when there is a simple
misunderstanding or the complainant does not wish to file a formal complaint. Resolution of an informal complaint
may require nothing more than a clarification of the misunderstanding or an apology from the respondent and an
assurance that the offending behavior will cease. However, the district is responsible for maintaining a safe and
discrimination free educational environment and serious allegations may need to be investigated even if the
complaining party considers the matter resolved. In an informal process the district officer shall advise the
complainant of his or her rights and responsibilities under both the formal and informal processes. If the
complainant declares his or her preference for the informal process, the responsible district officer shall present the
complainant with a document that describes the informal/formal process that contains the basics of complainant’s
allegations of unlawful discrimination. This document will clearly indicate that the complainant opted for the
informal resolution process and should be signed and dated by the complainant. The informal resolution process will
not be made a predicate to the process and investigation of a formal complaint. If a formal complaint is filed, an
investigation must be completed within the time required unless it is voluntarily rescinded by a complainant as a
result of a successful informal resolution.
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(DFEH) where such a complaint is within that agency’s jurisdiction.
Efforts at informal resolution need not include any investigation unless the responsible District
officer determines that an investigation is warranted by the seriousness of the charges. Selecting
an informal resolution does not extend the time limitations for filing a formal complaint. Efforts
at informal resolution may continue after the filing of a formal written complaint, but after a
complaint is filed an investigation is required to be conducted pursuant to Title 5, section 59334,
and will be completed unless the matter is informally resolved and the complainant dismisses the
complaint. Any efforts at informal resolution after the filing of a written complaint will not
exceed the 90-day period for rendering the administrative determination pursuant to Title 5,
section 59336.
In employment-related cases, if the complainant files with the Department of Fair Employment
and Housing, a copy of that filing will be sent to the State Chancellor's Office requesting a
determination of whether a further investigation under Title 5 is required. Unless the State
Chancellor's Office determines that a separate investigation is required, the District will
discontinue its investigation under Title 5 and the matter will be resolved through the
Department of Fair Employment and Housing.
The District will provide for representation where required by law and may allow for
representation for the accused and complainant in other circumstances on a case by case basis.
Authority: Cal. Code Regs., tit. 5, §§ 59327, 59328, 59334, 59336, and 59339; NLRB v.
Weingarten, Inc. (1975) 420 U.S. 251.
Filing of Formal Written Complaint
If a complainant decides to file a formal written unlawful discrimination complaint against the
District, he or she must file the complaint on a form prescribed by the State Chancellor. These
approved forms are available from the District and also at the State Chancellor’s website, as
follows:
http://www.cccco.edu/divisions/legal/Discrimination/discrimination.htm
The completed form must be filed with the District representative or mailed directly to the State
Chancellor’s Office of the California Community Colleges.
Once a complaint is filed, the individual(s) accused of engaging in prohibited discriminatory
conduct should be advised of that filing and the general nature of the complaint. This should
occur as soon as possible and appropriate under the circumstances. The District will also advise
the accused that an assessment of the accuracy of the allegations has not yet been made, that the
complaint will be investigated, that the accused will be provided an opportunity to present
his/her side of the matter, and that any conduct that could be viewed as retaliatory against the
complainant or any witnesses must be avoided.
Authority: Cal. Code Regs., tit. 5, §§ 59311 and 59328.
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Threshold Requirements Prior to Investigation of a
Formal Written Complaint
When a formal written complaint is filed it will be reviewed to determine if the complaint meets
the following requirements:





The complaint must be filed on a form prescribed by the State Chancellor's Office.
The complaint must allege unlawful discrimination prohibited under Title 5, section
59300.
The complaint must be filed by one who alleges that he or she has personally suffered
unlawful discrimination or by one who has learned of such unlawful discrimination in
his or her official capacity as a faculty member or administrator.
In any complaint not involving employment, the complaint must be filed within one
year of the date of the alleged unlawful discrimination or within one year of the date
on which the complainant knew or should have known of the facts underlying the
specific incident or incidents of alleged unlawful discrimination
In any complaint alleging discrimination in employment, the complaint shall be filed
within 180 days of the date the alleged unlawful discrimination occurred, except that
this period will be extended by no more than 90 days following the expiration of that
180 days if the complainant first obtained knowledge of the facts of the alleged
violation after the expiration of 180 days.
If the complaint is defective it will be immediately returned to the complainant with a complete
explanation of why an investigation could not be initiated under Title 5, California Code of
Regulations, section 59300 et seq. Additional information about this initial review of complaints
can be found in the Guidelines for Processing Formal Title 5 Unlawful Discrimination
Complaints prepared by the State Chancellor's Office.6[6]
Authority: Cal. Code Regs., tit. 5, § 59328.
Notice to State Chancellor or District
A copy of all complaints filed in accordance with the Title 5 regulations will be forwarded to the
State Chancellor's Office immediately upon receipt. Similarly, when the State Chancellor's
Office receives a complaint a copy will be forwarded to the District.
Authority: Cal. Code Regs., tit. 5, § 59330.
6[6]
The Guidelines for Processing Formal Title 5 Unlawful Discrimination Complaints is a procedural aid for
processing formal unlawful discrimination complaints.
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Confidentiality of the Process
Investigative processes can best be conducted within a confidential climate, and the District does
not reveal information about such matters except as necessary to fulfill its legal obligations.
However, potential complainants are sometimes reluctant to pursue a complaint if their names
will be revealed.
The inability to reveal the name of a complainant or facts that are likely to reveal the identity of
the complainant can severely limit the ability of the District to respond. Complainants must also
recognize that persons who are accused of wrongdoing have a right to present their side of the
matter, and this right may be jeopardized if the District is prohibited from revealing the name of
the complainant or facts that are likely to disclose the identity of the complainant.
If a complainant insists that his or her name not be revealed, the responsible officer should take
all reasonable steps to investigate and respond to the complaint consistent with the complainant’s
request as long as doing so does not jeopardize the rights of other students or employees.
It is also important that complainants and witnesses understand the possibility that they may be
charged with allegations of defamation if they circulate the charges outside of the District’s
process. In general, persons who are participating in a District investigative or disciplinary
process that is related to a charge of discrimination are protected from tort claims such as
defamation. However, persons who make allegations outside of these processes or who discuss
their claims with persons outside of the process may expose themselves to tort charges.
Complainants, witnesses, and those accused of discrimination will all be asked to sign a
confidentiality acknowledgement statement.
Where an investigation reveals the need for disciplinary action, the complainant may wish to
have information about what disciplinary actions the District took. However, the privacy rights
of the persons involved often prevent the District from providing such information. In student
disciplinary actions for sexual assault/physical abuse charges, Education Code, section 76234
provides that the victim shall be informed of the disciplinary action, but that the victim must
keep the information confidential. Disciplinary actions taken against employees are generally
considered confidential.7[7]
Authority: Cal. Const. Art. I, § 1; Civil Code § 47; Ed. Code, §§ 76234 and 87740; Silberg v.
Anderson (1990) 50 Cal.3d. 205; Revised Sexual Harassment Guidance: Harassment of Students
by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January
19, 2001.
7[7]
Complainants must trust the District to take appropriate action and must understand that the District is generally
not at liberty to discuss personnel or student matters, particularly disciplinary matters. In some disciplinary cases,
the complainant may be required to testify at a hearing, and would therefore be aware of the proposed disciplinary
action.
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Administrative Determination
Within 90 days of receiving an unlawful discrimination complaint filed under Title 5, sections
59300 et seq., the responsible District officer will complete the investigation and forward a copy
of the investigative report to the State Chancellor, a copy or summary of the report to the
complainant, and written notice setting forth all the following to both the complainant and the
State Chancellor:
(a) the determination of the chief executive officer or his/her designee as to whether there
is probable cause to believe discrimination occurred with respect to each allegation in the
complaint;
(b) a description of actions taken, if any, to prevent similar problems from occurring in
the future;8[8]
(c) the proposed resolution of the complaint; and
(d) the complainant's right to appeal to the District governing board and the State
Chancellor.
Authority: Cal. Code Regs., tit. 5, § 59336.
Complainant’s Appeal Rights
Complainants have appeal rights that they may exercise if they are not satisfied with the results
of the District’s administrative determination. At the time the administrative determination and
summary is mailed to the complainant, the responsible District officer or his/her designee shall
notify the complainant of his or her appeal rights as follows:



First level of appeal: The complainant has the right to file an appeal to the District’s
governing board within 15 days from the date of the administrative determination.
The District’s governing board will review the original complaint, the investigative
report, the administrative determination, and the appeal.
The District’s governing board will issue a final District decision in the matter within
45 days after receiving the appeal. Alternatively, the District’s governing board may
elect to take no action within 45 days, in which case the original decision in the
administrative determination will be deemed to be affirmed and shall become the
final District decision in the matter. A copy of the final decision rendered by the
District’s governing board will be forwarded to the complainant and to the State
Chancellor's Office.
Second level of appeal: The complainant has the right to file an appeal with the
California Community College Chancellor’s Office in any case not involving
employment-related discrimination within 30 days from the date that the governing
8[8]
If it is determined that discrimination did occur, possible remedies to prevent similar problems from occurring in
the future include all the standard District disciplinary actions for students and employees, ranging from
undocumented reprimand to termination or expulsion. If formal disciplinary action is inappropriate, other possible
remedies include training in the pertinent area(s) of unlawful discrimination, apology, and restricting or forbidding
contact between the perpetrator and victim.
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board issues the final District decision or permits the administrative determination to
become final by taking no action within 45 days.9[9] The appeal must be accompanied
by a copy of the decision of the governing board or evidence showing the date on
which the complainant filed an appeal with the governing board, and a statement
under penalty of perjury that no response was received from the governing board
within 45 days from that date.
Complainants must submit all appeals in writing.
Authority: Cal. Code Regs., tit. 5, §§ 59338 and 59339.
Forward to State Chancellor
Within 150 days of receiving a complaint, the responsible District officer will forward the
following to the State Chancellor:



A copy of the final District decision rendered by the governing board or a statement
indicating the date on which the administrative determination became final as a result
of taking no action on the appeal within 45 days.
A copy of the notice of appeal rights the District sent the complainant.
Any other information the State Chancellor may require.
Authority: Cal. Code Regs., tit. 5, §§ 59338 and 59340.
Extensions
If for reasons beyond its control, the District is unable to comply with the 90-day or 150-day
deadlines specified above for submission of materials to the complainant and the State
Chancellor's Office, the responsible District officer will file a written request that the State
Chancellor grant an extension of the deadline. The request will be submitted no later than 10
days prior to the expiration of the deadlines established by Title 5 in sections 59336 and/or
59340 and will set forth the reasons for the request and the date by which the District expects to
be able to submit the required materials.
A copy of the request for an extension will be sent to the complainant, who may file written
objections with the State Chancellor within 5 days of receipt.
The State Chancellor may grant the request unless delay would be prejudicial to the complainant.
If an extension of the 90-day deadline is granted by the State Chancellor the 150-day deadline is
automatically extended by an equal amount.
9[9]
The Department of Fair Employment and Housing (DFEH) has final jurisdiction over employment-related cases.
Therefore, the State Chancellor's Office has agreed to accept DFEH decisions and generally will not accept appeals
in employment discrimination cases. However, in limited circumstances the State Chancellor's Office will intervene,
such as when intervention might bring about a resolution at the informal level or when some unique aspect of
community college governance is at issue and the expertise of the State Chancellor's Office is needed.
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Authority: Cal. Code Regs., tit. 5, § 59342.
College Employees in Unions
Nothing in this Unlawful Discrimination Complaint procedure supersedes or amends grievance
procedures set forth by valid contractual agreement.
Record Retention
Unlawful discrimination records that are part of an employee’s employment records may be
classified as Class-1 Permanent records and retained indefinitely or microfilmed in accordance
with Title 5, California Code of Regulations, section 59022. Unlawful discrimination records of
a student that are deemed worthy of preservation but not classified as Class-1 Permanent may be
classified as Class-2 Optional records or as Class-3 Disposable records, to be retained for a
period of three years.
Authority: Cal. Code Regs., tit. 5, § 59020.
Adopted by Board of Trustees: 6/83
Revised: 7/86, 3/15/87, 11/4/91, 12/9/91, 2/4/03
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Board Policy / Administrative Procedure Cover Sheet
09/12/11
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.
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
6/28/11
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ROUGH DRAFT DATED 07/06/2011
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.
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Adopted by Board of Trustees:
Former Policy: BP 204
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.
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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
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
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employees,
salaries established shall be comparable to the salaries prevailing in other
educational institutions or commercial operations of like nature in the area.
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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.
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
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shall be
discontinued
by direction of the President/Superintendent until further review is
accomplished and an adjustment is made.
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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.
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
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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
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.
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c. Audit
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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
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.
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(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.
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.
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d. President/Superintendent
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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
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ROUGH DRAFT DATED 07/06/2011
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.
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The process of recognition shall be as follows:

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
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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:
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
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.
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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
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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
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College Council
09/12/11
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.
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College Council
09/12/11
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
Page 80
College Council
09/12/11
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
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College Council
09/12/11

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.
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College Council
09/12/11
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.
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College Council
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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
Page 84
College Council
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ROUGH DRAFT DATED 7/6/11
REDWOODS COMMUNITY COLLEGE DISTRICT
Board of Trustees Policy
BP 7310
NEPOTISM
The District does not prohibit the employment of relatives [or domestic partners as defined by Family
Code Section 297 et seq.] in the same department or division, with the exception that they shall not be
assigned to a regular position within the same department, division, or site that has an immediate family
member who is in a position to recommend or influence personnel decisions.
Personnel decisions include appointment, retention, evaluation, tenure, work assignment, promotion,
demotion, or salary of the relative [or domestic partners as defined by Family Code Section 297 et
seq.].
The term "immediate family" as used in this policy means spouse; father, mother, grandfather, and
grandmother of the employee or the employee's spouse; son; son-in-law; brother; brother-in-law;
daughter; daughter-in-law; sister; sister-in-law; grandchild; aunt; uncle; niece; nephew; step-relative in
any of the above categories; or any other relative living in the employee's home. "Spouse" includes the
domestic partner of an employee as defined by section 297 of the California Family Code.; and "relatives"
refers to parent, child, brother or sister, or any other person related by blood or marriage.
Notwithstanding the above, the District retains the right where such placement has the potential for
creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts
of interest, to refuse to place spouses in the same department, division, or facility. The District retains the
right to reassign or transfer any person to eliminate the potential for creating an adverse impact on
supervision, safety, security, or morale, or involves other potential conflicts of interest.
It is recognized that current assignments may exist in conflict with this policy. Where such may occur, the
President or designee will be responsible for determining the appropriateness of the assignment. The
District retains the right to reassign or transfer employees where such assignments have the potential for
creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts
of interest.
Should it be determined a reassignment is necessary to comply with the intent of this policy, the President
or designee may make such reassignment without financial penalty to those involved.
The appropriate collective bargaining organization will be notified in writing of any recommended
reassignment of a unit member under this policy. The collective bargaining organization will be allowed
fifteen (15) working days to respond in writing to the Vice
Chancellor of Human Resources or designee and the Board of Trustees, and to meet with the Vice
Chancellor of Human Resources or designee, before the Chancellor takes action on the reassignment.
References: Government Code Sections 1090 et seq. and 12920 et seq.
Adopted: xx/xx/xxx
New policy
Page 85
College Council
09/12/11
ROUGH DRAFT DATED 7/6/11
REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
AP 7310
NEPOTISM
 From Redwoods CCD Policy 332/424 titled Employment of Relatives
The Redwoods Community College District policy is to hire, promote, and transfer employees on the
basis of individual merit and to avoid favoritism or discrimination in making such decisions.
Spouses or other relatives may be employed within the same department or dDistrict facility. However,
the District may prohibit the assignment of, or may reassign spouses or relatives if, in its discretion, it
finds that such employment of relatives has created, or would create,a situation in which (Title 2, Sec.
7292.5 Calif. Code of Regulations)
1. An employee serves as the immediate supervisor for, or is supervised by, a spouse or relative.
Employees shall neither initiate nor participate in making institutional recommendations or decisions
which would directly affect the employment status of their spouses or relatives. These
recommendations/decisions include, but are not limited to, selection, appointment, retention tenure, work
assignments, promotion, demotion or salary), or
2. Employment safety, morale, security or supervision are adversely affected.
Marriage While Employed
If two persons should marry while both are employed by the District, they may continue their
employment provided that they may not work in any position that would require one to act as the direct
supervisor of the other. In this event, the District shall make reasonable efforts to assign/reassign job
duties as soon as possible so as to minimize problems of safety, supervision, security, or morale.
Absent an overriding necessity, the decision as to which spouse will change jobs or departments, if
necessary, is a decision that the couple shall make within 6 weeks of the marriage. The actual transfer or
termination may, when in the best interest of the District, be deferred until the end of the school semester.
If the couple does not make this decision within 6 weeks, the District shall decide which employee shall
be transferred or terminated. This decision shall be based upon the following factors: (1) the necessity of
operating the college in an efficient manner, and (2) each employee's length of service with the District.
Termination will only be invoked if there is no other work unit to which one of the two employees can
reasonably be transferred.
Exceptions
The President/Superintendent may authorize an exception to this policy if it is found that
1. The position to be filled requires a person with specialized training and experience not generally
available in the employment market.
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College Council
09/12/11
2. There is a vital District need to fill the position,
3. Substantial bona fide efforts have been made to locate and/or employ a person who is not a relative or
spouse of any employee, or to find an alternate department or location for one of the two employees who
marry,
4. The relationship between the relative or spouse and the applicant or employee is unlikely to materially
affect their employment by the District, or
5. Refusal of the assignment would adversely affect the Affirmative Action goals of the District.
Any such exception authorized by the President/Superintendent must be approved by the Board of
Trustees.
At the time of adoption of this policy, if a marital relationship already exists between co-employees, one
of whom serves in a direct supervisory capacity over the other, the employees may remain in their current
positions only if the District is unable to effect a reasonable transfer, and only for so long as their
continued employment in a supervisorial-subordinate relationship does not create problems of safety,
supervision, morale, or security.
References
Government Code Sections 1090 et seq. and 12920 et seq.
Adopted: xx/xx/xxxx
Former Redwoods CCD Policy #332/424: “Employment of Relatives,” Adopted by Board of Trustees:
August 15, 1977;
Amended: February 6, 1989
Page 87
College Council
09/12/11
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
Page 88
College Council
09/12/11
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
Page 89
College Council
09/12/11
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.
Page 90
College Council
09/12/11
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
Page 91
College Council
09/12/11
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
Page 92
College Council
09/12/11
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
Page 93
College Council
09/12/11
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
Page 94
College Council
09/12/11
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
Page 95
College Council
09/12/11
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.
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College Council
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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
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College Council
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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

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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.
College Council
09/12/11

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.
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College Council
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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;
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College Council
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
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
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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:
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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
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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.
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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
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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
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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
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(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
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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
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College Council
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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.
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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.
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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
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