College Council 2/2/2015 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT College Council February 2, 2015 3:00 p.m. – Board Room AGENDA 1. Minutes Dated 12/1/2014 (Page 4) NEW BUSINESS 1. BP/AP 3410 Nondiscrimination (Page 10) a. Review current policy and changes to the administrative procedure 2. AP 3420 Equal Employment Opportunity (Page 15) a. Review changes to the administrative procedure 3. 3430 Prohibition of Harassment (Page 23) a. Review changes to the administrative procedure 4. BP and AP 3560 Alcoholic Beverages on Campus (Page 30) a. Review current policy and changes to the procedure 5. BP 3601 College of the Redwoods Foundation (Page 33) a. Review policy changes 6. BP and AP 6750 Parking (Page 35) a. Review current policy and changes to the procedure 7. BP 7150 Evaluation (Page 43) a. Review new procedure 8. AP 7160 Professional Development (Page 44) a. Review changes to the administrative procedure 9. BP 7235 Probationary Period: Classified Employees (formerly 7239) (Page 46) a. Review policy changes 10. BP/AP 7240 Confidential Employees (Page 47) a. Review policy changes 11. BP/AP 7262 Management Performance Evaluation (Page 49) a. Review policy and procedure changes College Council 2/2/2015 Page 2 12. BP/AP 7340 Leaves (Page 53) a. Review policy and procedure changes 13. Sunset Recommendations (Page 59) a. BP 7162 Promotion Outlined in the Collective Bargaining Agreement b. AP 7163 Professional Staff Development Levels Has been incorporated into AP 7160 Professional c. BP 7241 Confidential Staff Probationary Period Has been incorporated into BP 7240 Confidential Employees d. BP 7243 Release Time for Confidential Staff Has been incorporated into AP 7160 Professional Development Development e. BP 7511 Consensual Relationships Covered in AP 3430 Prohibition of Harassment 14. Interim Administrative Procedures (Page 65) a. AP 3507 Fire Safety b. AP 3520 Local Law Enforcement c. AP 3540 Sexual and Other Assaults on Campus d. AP 5502 Student Sexual Misconduct Including Sexual Violence OLD BUSINESS: 1. College Council Committee Description and Membership (Page 94) a. Review new committee description 2. ACCJC Responsibility Matrix (Page 96) a. Review ACCJC Responsibility Matrix 3. BP and AP 2325 Teleconferencing (Page 100) a. Review draft policy and procedure 4. BP and AP 4020 Program, Curriculum, and Course Development (Page 103) a. Review policy and procedure changes 5. BP and AP 4050 Articulation (Page 105) a. Review draft policy and procedure 6. AP 4235 Credit by Exam (Page 110) a. Review procedure changes 7. BP and AP 5040 Student Records, Directory Information, and Privacy (Page 113) a. Review policy and procedure changes 8. AP 5130 Financial Aid (Page 119) College Council 2/2/2015 Page 3 a. Review draft procedure 9. BP and AP 5300 Student Equity (Page 121) a. Review policy and procedure changes 10. BP 5530 Student Complaints (Page 124) a. Review policy changes Policy and Procedure Tracking Number BP/AP 4100 BP/AP 4231 BP/AP 2105 Title Graduation Requirements for Degrees and Certificates Grade Changes Election of a Student Member Status Council member researching the Ethnic Studies Requirement Sent to ASPC prior to returning to College Council Sent back to Board subcommittee for revisions College Council 2/2/2015 Page 4 College Council Minutes st December 1 , 2014 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council Meeting 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday December 1, 2014 MEMBERS PRESENT Jerred Scheive, Dustin Scheive, Lee Lindsey, Steve Sandeen, Debbie Topping, Ahn Fielding, Lynn Thessen (as Management Council representative), Keith Snow-Flamer, Dan Calderwood, Philip Mancus (phone), Peter Blakemore MEMBERS ABSENT Kathy Smith CALL TO ORDER Keith Snow-Flamer called the meeting to order at 3:03 p.m. MINUTES DATED 11/3/2014 A motion was made by Dan Calderwood and seconded by Jerred Scheive to approve the minutes dated 11/3/2014. ACTION A vote was taken and Council voted unanimously to approve the minutes as presented. NEW BUSINESS BP AND AP 2325 TELECONFERENCING There was no discussion regarding BP and AP 2325 Teleconferencing. A motion was made by Ahn Fielding and seconded by Steve Sandeen to send BP and AP 2325 Teleconferencing out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 2325 Teleconferencing out for a 30 day constituent review. BP AND AP 3501 CAMPUS SECURITY The formatting needs to be fixed on the first paragraph of the AP. Council member stated that ASCR Senators need keys to access the Student Union room. It was suggested that the language “students as needed” be added to the paragraph regarding keys. A motion was made by Jerred Scheive and seconded by Lee Lindsey to send BP and AP 3501 Campus Security out for a 30 day constituent review contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 3501 Campus Security out for a 30 day constituent review. College Council 2/2/2015 Page 5 Minutes-College Council Page 2 of 6 st December 1 , 2014 BP 3520 LOCAL LAW ENFORCEMENT It was suggested that language be added regarding sexual assault. Council member suggested checking with legal counsel prior to adding new language. A motion was made by Dan Calderwood and seconded by Peter Blakemore to send BP 3520 Local Law Enforcement out for a 30 day constituent review with the understanding that during that time legal counsel would be contacted regarding the addition language that references sexual assault. ACTON A vote was taken and Council voted unanimously to send BP 3520 Local Law Enforcement out for a 30 day constituent review with the understanding that during that time legal counsel would be contacted regarding the addition language that references sexual assault. BP AND AP 4050 ARTICULATION There was no discussion regarding BP and AP 4050 Articulation. A motion was made by Dan Calderwood and seconded by Peter Blakemore to send BP and AP 4050 Articulation out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 4050 Articulation out for a 30 day constituent review. AP 4235 CREDIT BY EXAM There was no discussion regarding AP 4235 Credit by Exam. A motion was made by Jerred Scheive and seconded by Dustin Scheive to send AP 4235 Credit by Exam out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send AP 4235 Credit by Exam out for a 30 day constituent review. BP AND AP 5040 STUDENT RECORDS, DIRECTORY INFORMATION, AND PRIVACY BP and AP 5040 Student Records, Directory Information, and Privacy were revised to be more in line with the CCLC League Template. Council member stated that everything after the first four sections of the BP should be stricken because that language is already in the AP. Council member stated that the format of the AP needs to be tidied up. A motion was made by Peter Blakemore and seconded by Steve Sandeen to send BP and AP 5040 Student Records, Directory Information, and Privacy out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 5040 Student Records, Directory Information, and Privacy out for a 30 College Council 2/2/2015 Page 6 Minutes-College Council Page 3 of 6 st December 1 , 2014 day constituent review. AP 5130 FINANCIAL AID AP 5130 Financial Aid was drafted because it is a required policy. A motion was made by Dan Calderwood and seconded by Peter Blakemore to send AP 5130 Financial Aid out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send AP 5130 Financial Aid out for a 30 day constituent review. BP AND AP 5300 STUDENT EQUITY BP and AP 5300 Student Equity were reviewed by the Student Equity Plan Committee prior to being brought to College Council. Council member suggested capitalizing the first letter of the first word of each bulleted item. Council member stated that the last bullet on the AP should be changed to read: “An executive summary that describes the groups for whom goals have been set, the goals, the initiatives that the District will undertake to achieve the goals, the resources budgeted for that purpose, and the District officer or employee who can be contacted for further information" A motion was made by Ahn Fielding and seconded by Peter Blakemore to send BP and AP 5300 out for a 30 day constituent review contingent upon the aforementioned changes. ACTION A vote was taken and Council voted unanimously to send BP and AP 5300 out for a 30 day constituent review contingent upon the aforementioned changes. BP 5500 STANDARDS OF CONDUCT Council member stated that the italic comments should be removed. A motion was made by Dan Calderwood and seconded by Steve Sandeen to send BP 5500 Standards of conduct out for a 30 day constituent review contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP 5500 Standards of conduct out for a 30 day constituent review contingent upon the aforementioned change. BP 5530 STUDENT COMPLAINTS There was no discussion regarding BP 5530 Student Complaints. A motion was made by Jerred Scheive and seconded by Peter College Council 2/2/2015 Page 7 Minutes-College Council Page 4 of 6 st December 1 , 2014 Blakemore to send BP 5530 Student Complaints out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 5530 Student Complaints out for a 30 day constituent review. OLD BUSINESS BP 2716 POLITICAL ACTIVITY There was no constituent feedback on BP 2716 Political Activity. A motion was made by Peter Blakemore and seconded by Lee Lindsey to send BP 2716 Political Activity to the Board for a first read. ACTION Vote was taken and Council voted unanimously to send BP 2716 Political Activity to the Board for a first read. BP 2717 PERSONAL USE OF PUBLIC RESOURCES There was no constituent feedback on BP 2717 Personal Use of Public Resources. A motion was made by Jerred Scheive and seconded by Dustin Scheive to send BP 2717 Personal Use of Public Resources to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 2717 Personal Use of Public Resources to the Board for a first read. BP 2720 COMMUNICATIONS AMONG BOARD MEMBERS There was no constituent feedback on BP 2720 Communications Among Board Members. A motion was made by Jerred Scheive and seconded by Dan Calderwood to send BP 2720 Communications Among Board Members to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 2720 Communications Among Board Members to the Board for a first read. BP AND AP 3503 MISSING STUDENT NOTIFICATIONS BP and AP 3504 Missing Student Notifications was changed to BP and AP 3503 Missing Student Notifications. A motion was made by Ahn Fielding and seconded by Steve Sandeen to send BP and AP 3503 Missing Student Notifications to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 3503 Missing Student Notifications to the Board for a first read. College Council 2/2/2015 Page 8 Minutes-College Council Page 5 of 6 st December 1 , 2014 BP AND AP 3506 TIMELY WARNINGS Council member stated that in the fourth line of the AP “warming” needs to be changed to “warning”. A motion was made by Jerred Scheive and seconded by Steve Sandeen to send BP and AP 3506 Timely Warnings to the Board for a first read contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 3506 Timely Warnings to the Board for a first read contingent upon the aforementioned change. BP AND AP 3515 CRIME REPORTING Council member stated that the “Attorney Client” reference needs to be removed from the header. Council member stated that Mendocino County information needs the highlight removed. A motion was made by Jerred Scheive and seconded by Dan Calderwood to send BP and AP 3515 Crime Reporting to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 3515 Crime Reporting to the Board for a first read. BP AND AP 3516 REGISTERED SEX OFFENDER INFORMATION Council member stated that the Garberville instructional site information needs to be added to the list. A motion was made by Dan Calderwood and seconded by Peter Blakemore to send BP and AP 3516 Registered Sex Offender Information to the Board for a first read contingent upon the aforementioned change. ACTION A vote was taken and Council voted unanimously to send BP and AP 3516 Registered Sex Offender Information to the Board for a first read contingent upon the aforementioned change. BP 5130 FINANCIAL AID Council member stated that a space needs to be added to the second to last paragraph. A motion was made by Lynn Thessen and seconded by Debbie Topping to send BP 5130 Financial Aid to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 5130 Financial Aid to the Board for a first read. College Council 2/2/2015 Page 9 Minutes-College Council Page 6 of 6 st December 1 , 2014 BP AND AP 6331 COMPUTER LOAN AND EMPLOYEE TECHNOLOGY PURCHASE PROGRAM It was stated that the CRFO believes this to be a negotiable item. A motion was made by Jerred Scheive and seconded by Peter Blakemore to table BP and AP 6331 Computer Loan and Employee Technology Purchase Program until January after the CRFO has an opportunity to review it. ACTION A vote was taken and Council voted unanimously to table BP and AP 6331 Computer Loan and Employee Technology Purchase Program until January after the CRFO has an opportunity to review it. ADJOURN Keith Snow-Flamer adjourned the meeting at 4:48 College Council 2/2/2015 Page 10 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 3410 NONDISCRIMINATION The District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities. The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or because he/she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. The President/Superintendent shall establish administrative procedures that ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title 5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination. No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on the basis of national origin, religion, age, gender, gender identity, gender expression, race, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, or because he/she is perceived to have one or more of the foregoing characteristics, or because of his/her association with a person or group with one or more of these actual or perceived characteristics. See Administrative Procedure [ # ]. Revised 9/02, 9/08, 3/12, 6/13 Reference: Education Code Sections 66250 et seq., 72010 et seq., and 87100 et seq.; Title 5 Sections 53000 et seq. and 59300 et seq.; Penal Code Section 422.55; Government Code Sections 12926.1 and 12940 et seq.; ACCJC Accreditation Eligibility Requirement 20 and ACCJC Accreditation Standard Catalog Requirements (formerly Accreditation Standard II.B.2.c) College Council 2/2/2015 Page 11 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3410 NONDISCRIMINATION UNLAWFUL DISCRIMINATION Note: This procedure is legally required. Local practice may be inserted, but should comply with these minimum requirements. Education Programs The District shall provide access to its services, classes and programs without regard to national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or because he or she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. All courses, including noncredit classes, shall be conducted without regard to the gender of the student enrolled in the classes. As defined in the Penal Code, “gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression: means a person’s genderrelated appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. The District shall not prohibit any student from enrolling in any class or course on the basis of gender. Academic staff, including but not limited to counselors, instructors and administrators shall not offer program guidance to students which differs on the basis of gender. Insofar as practicable, the District shall offer opportunities for participation in athletics equally to male and female students. Employment The District shall provide equal employment opportunities to all applicants and employees regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identify, gender expression, age, sexual orientation, or military and veteran status. All employment decisions, including but not limited to hiring, retention, assignment, transfer, evaluation, dismissal, compensation, and advancement for all position classifications shall be based on job-related criteria as well as be responsive to the District’s needs. College Council 2/2/2015 Page 12 The District shall from time to time as necessary provide professional and staff development activities and training to promote understanding of diversity. Nondiscrimination References for Education Programs: Education Code Sections 66250 et seq., 200 et seq., and 72010 et seq.; Penal Code Sections 422.55 et seq.; Title 5 Sections 59300 et seq.; ACCJC Accreditation Eligibility Requirement 20 and ACCJA Accreditation Standard Catalog Requirements (formerly II.B.2.c) Nondiscrimination References for Employment: Education Code Sections 87100 et seq.; Title 5 Sections 53000 et seq.; Government Code Sections 11135 et seq. and 12940 et seq. Former Administrative Regulation No. 809.06, number change only on June 5, 2012 Approved: Revised: 2/4/03 I. Unlawful Discrimination A. The District assumes the responsibility for providing a work and academic environment free from unlawful discrimination because of ethnic group identification (race, national origin, ancestry), color, religion, age, sex, physical or mental disability, medical condition (cancer related), marital status, or status as a Vietnam era or disabled veteran. (Title VI & VII, Title IX, California Gov't Code 11135, Title 5, Sec. 59300 59326, and the Fair Employment and Housing Act) 1. Unlawful discrimination by students or employees will not be tolerated; and if it is determined that such conduct has occurred, appropriate disciplinary action will be taken. 2. The Human Resources Director/EEO is responsible for compliance with, and implementation of, all laws and regulations on unlawful discrimination. B. Sexual Harassment 1. The District will take all steps necessary to provide a work and educational environment free from sexual harassment and intimidation. (Title 5, 53030) 2. California Education Code Sec. 212.5 defines "sexual harassment" as "unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical College Council 2/2/2015 Page 13 conduct of a sexual nature, made by someone from or in the work or educational setting." 3. Sexual harassment is a form of discrimination and will not be tolerated. If it occurs, it will be subject to appropriate disciplinary action. 4. The full District statement on Sexual harassment is located in Administrative Regulation 809.02. C. Handicapped Employment Students with Disabilities 1. In accordance with Section 504, Title 5, Sec. 53029, and related CCC Guidelines, the District will make reasonable accommodation for the disabled applicant or employee. a. Reasonable accommodation is defined as efforts made on the part of the employer to remove artificial or real barriers which prevent or limit the employment and upward mobility of disabled persons. b. Accommodations may include, but are not limited to, the provision or modification of equipment; provision of assistive devices; modified work schedules; job restructuring or job site modification; provision of readers, interpreters, or tutors; transportation; etc. 2. Accommodations and other services for disabled students are arranged through the Disabled Student Services Office. a. College of the Redwoods' facilities, programs, and activities are accessible and available to disabled persons. 3. The Director of Disabled Student Program and Services serves as the Sec. 504 Coordinator, and is responsible for compliance and complaints. D. Title IX (Sex Discrimination) Ed. Code, Sec. 200 264 1. All forms of sex discrimination are covered under District policy on unlawful discrimination. 2. The Human Resources Director/EEO, or designee serves as the Title IX Coordinator, and assures compliance, handles complaints, and provides required notifications. E. Procedures for Complaints of Unlawful Discrimination (See Administrative Regulation 809.03). 1. The District maintains clearly defined and publicized procedures for filing, investigation and resolution of Complaints of Unlawful Discrimination (applicable to students, employees, and job applicants). The College has developed both preliminary College Council 2/2/2015 Page 14 (informal) and formal grievance procedures to handle complaints. These procedures apply to both affirmative action and unlawful discrimination complaints. a. All complaints will be investigated quickly and thoroughly and in a manner which maintains confidentiality and protects the rights and privacy of all parties. 2. Complaints may be communicated to, or filed with, the Human Resources Director/EEO, or any District administrator or classified manager. F. Sexual Orientation 1. The District will not tolerate discrimination on the basis of sexual orientation in employment or in academic programs or activities. G. AIDS 1. College of the Redwoods has adopted Board Policy 813 which states that ". . . the College will treat all employees and students equally, regardless of whether they have AIDS/ARC, belong to a group thought to be particularly susceptible to AIDS/ARC, are related to or reside with persons having AIDS/ARC, or have tested positive for the HIV antibody. The district will not deny a person who has AIDS/ARC any benefits for which he/she is eligible. (Section 504, Title 2, Section 7293, and Title 5, Section 59300) "An individual with AIDS/ARC will not be denied employment or enrollment for instruction in the District as long as he/she is able to perform in accordance with the respective standard of each position." (Title VI; VII; IX; Section 504; California Government Code 11135 and 12900-12996; California Education Code, Section 200-264; Title 5, California Code of Regulations, Section 53029, 53030, 59300-59326; Title 2, California Code of Regulations, Section 7287.6, 7291, 7293) Former Administrative Regulation No. 809.06, number change only on June 5, 2012 Approved: Revised: 2/4/03 College Council 2/2/2015 Page 15 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3420 EQUAL EMPLOYMENT OPPORTUNITY The EEO plan is a district-wide, written plan which implements the District’s EEO program, includes the definitions contained in Title 5 Section 53001, and addresses the following: Submission of plans and revisions to the state Chancellor’s Office for review and approval as required; The designation of the District employee or employees who have been delegated responsibility and authority for implementing the plan and assuring compliance with the requirements of this Procedure; The procedure for filing complaints and the person with whom such complaints are to be filed; A process for notifying all District employees of the provisions of the plan and the policy statement required; A process for ensuring that District employees who are to participate on screening or selection committees shall receive appropriate training on the requirements of the applicable Title 5 regulations and of state and federal nondiscrimination laws; A process for providing annual written notice to appropriate community-based and professional organizations concerning the District's plan and the need for assistance from such organizations in identifying qualified applicants for openings within the District; An analysis of the number of persons from “monitored groups”, as defined by Title 5 Section 53001(i), who are employed in the District's work force and those who have applied for employment in each of the job categories listed below. An analysis of the degree to which monitored groups are underrepresented in comparison to the numbers of persons from such groups whom the state Chancellor’s Office determines to be available and qualified to perform the work required for each such job category and whether or not the underrepresentation is significant; The steps the District will take to promote diversity in its work force; Methods for addressing any discrimination that is detected in the District’s hiring practices; and Additional steps to address any significant underrepresentation of monitored groups identified in the plan. The plan shall be a public record. The District shall make a continuous good faith effort to comply with the requirements of the plan. College Council 2/2/2015 Page 16 Annual Evaluation The Office of Human Resources will annually survey the district’s workforce composition and shall monitor applicants for employment on an ongoing basis to evaluate the District’s progress in implementing the EEO Plan, to provide data needed for the reports required by the Plan and to determine whether any monitored group is underrepresented. The District will annually report to the Chancellor’s Office the results of its annual survey of employees. At least every three years the Plan will be reviewed and, if necessary, revised based on an analysis of the ethnic group identification, gender, and disability composition of existing staff and of those who have applied for employment in each of the following identified categories: executive/administrative/managerial faculty and other instructional staff professional non-faculty secretarial/clerical technical and paraprofessional skilled crafts; and service and maintenance. For purposes of the survey report, each applicant or employee will be afforded the opportunity to voluntarily identify her or his gender, ethnic group identification, and if applicable, her or his disability. Persons may designate as many ethnicities as they identify with, but shall be counted in only one ethnic group for reporting purposes. This information will be kept confidential and will be separated from the applications which are forwarded to the screening/selection committees and hiring administrators. EEO Advisory Committee The district established Equal Employment Opportunity Advisory Committee assists the district in implementing its Plan. The Equal Employment Opportunity Officer shall train the advisory committee on equal employment compliance and the Plan itself. The committee shall include a diverse membership whenever possible. A substantial good faith effort to maintain a diverse membership is expected. If the district has been unable to meet this requirement, it will document that efforts were made to recruit advisory committee members who are members of monitored groups. The committee will be composed of: one faculty member appointed by the Academic Senate Co-Presidents, one faculty member appointed by the CRFO President, one classified staff member appointed by the CSEA President, one manager appointed by the Manager’s Council, one representative from the Del Norte Education Center, one representative from the Mendocino Coast Education Center, one representative from the Multicultural and Diversity Committee, one member of administration appointed by the President/Superintendent, one student recommended by the ASCR President, and the Human Resources Director/Equal Employment Opportunity Officer, who also serves as the ADA compliance officer, serving as an ex-officio member. College Council 2/2/2015 Page 17 The Equal Employment Opportunity Advisory Committee shall hold a minimum of two (2) meetings per fiscal year, with additional meetings if needed to review EEO and diversity efforts, programs, policies, and progress. Due to the geographic size of the District, committee members may actively participate in meetings via telephone or web conferencing. When appropriate, the advisory committee shall make recommendations to the governing board, the President/Superintendent, and the Equal Employment Opportunity Officer. The Equal Employment Opportunity Advisory Committee, in conjunction with appropriate human resources staff, shall review the District’s recruitment procedures and make recommendations on modifications that would address areas of significant underrepresentation of applicants and/or employees, review the Plan and monitor its progress, recommend changes needed in the Plan, and provide input to the annual written report to the President/Superintendent, the Board of Trustees, and the California Community Colleges Chancellor’s Office. Employment Procedures Job Analysis and Validation: The Director/EEO Officer shall assure that a proper job analysis is performed for every job filled by the District to determine and validate the knowledge, skills, abilities and characteristics an employee must possess to perform the job satisfactorily. A statement of bona fide essential functions and minimum qualifications shall be developed for all positions. Job Description: Every job description shall provide a general statement of job duties and responsibilities. Job specifications shall include functions and tasks; knowledge; skills; ability; and job related personal characteristics, including but not limited to sensitivity to and understanding of the diverse academic, socioeconomic, cultural, linguistic, disability, and ethnic backgrounds of community college students. Recruitment: Recruitment must be conducted actively within and outside of the District work force. Open recruitment is mandated for all new full-time and part-time positions, except under limited circumstances involving interim hires. Recruitment must utilize outreach strategies designed to ensure that all qualified individuals, from all monitored groups, are provided the opportunity to seek employment with the District. Recruitments for administrative and faculty positions (full and part-time) may include advertisement in appropriate professional journals, job registries and newspapers of general circulation; distribution of job announcements to the EEO Registry, K-12 districts, two and four year colleges, and graduate schools where appropriate candidates might be enrolled; recruitment at conferences, fairs, and professional meetings; notices to institutions and professional organizations that primarily serve members of monitored groups that are underrepresented in the District. College Council 2/2/2015 Page 18 Recruitments for classified positions (full and part-time) shall include notice to all District personnel; notice to Applicant Pools: The application for employment shall afford each applicant an opportunity to identify himself or herself voluntarily as to gender, ethnicity and, if applicable, his or her disability. This information shall be maintained in confidence and shall be used only for research, validation, monitoring, evaluation of the effectiveness of the Plan, or as authorized by law. After the application deadline has passed, the initial applicant pool shall be analyzed to determine whether the projected representation has been achieved for monitored groups. If these projections have not been met, the District shall immediately determine whether the failure to meet the projected representation of monitored groups in the initial pool was due to discriminatory practices. If not, the hiring process may continue to the next level. If, however, the District determines that discriminatory practices caused the underrepresentation, the District may immediately, and before the selection process continues, consult with legal counsel to determine what, if any, corrective action is required by law. Once the qualified pool is formed, the pool must again be analyzed. If this analysis reveals adverse impact against any monitored group, the District may immediately, and before the selection process continues, consult with legal counsel to determine what, if any, corrective action is required by law. Screening and Selection: Screening, selecting and interviewing candidates for all positions shall include thorough and fair procedures that are sensitive to issues of diversity. Procedures to be used must address or include that: Hiring procedures will be provided to the state Chancellor’s Office on request. All tests conform to generally applicable legal standards for uniformity. A reasonable number of candidates are identified for interview. Screening and selection committees are developed that are representative of the District community and campus; include administrators, faculty and classified staff; include a diverse membership when possible; do not include applicants or persons who have written letters of recommendation. Every screening and selection committee includes an individual trained to monitor conformance with EEO requirements. The Director/EEO Officer or designee assures that the screening and selection process conforms to accepted principles and practices, including preparation of job related questions in advance; maintains records College Council 2/2/2015 Page 19 of screening checklists and rating scales, which shall be signed and kept on file; maintains notes for all interviews and record relevant factual reasons stating why a candidate was not hired or was not invited to interview; and monitors the hiring process for adverse impact. Selection shall be based solely on the stated job criteria. If the District determines that a particular monitored group is significantly underrepresented with respect to one or more job categories, the District shall take the following additional steps: Review its recruitment procedures; Consult with counsel and EEO Advisory Group to determine whether there are additional lawful improvement measures which may be undertaken; and Consider various other means of reducing the underrepresentation which do not involve taking monitored group status into account and implement any such techniques that are feasible. If significant underrepresentation persists: Monitor on an on-going basis; review each locally-established job qualification to determine if it is job related and consistent with business necessity; discontinue the use of any non-job related local qualification; and continue using job-related local qualifications only if no alternative standard is reasonably available. Delegation of Authority The district has designated the Director of Human Resources as its Equal Employment Opportunity Officer who is responsible for the day-to-day implementation of the Plan. If the designation of the Equal Employment Opportunity Officer changes before this Plan is next revised, the district will notify employees and applicants for employment of the new designee. The Equal Employment Opportunity Officer is responsible for administering, implementing and monitoring the Plan and for assuring compliance with the requirements of title 5, sections 53000 et seq. The Equal Employment Opportunity Officer is also responsible for receiving complaints described in Plan Component 6 and for ensuring that applicant pools and selection procedures are properly monitored. Complaints shall be filed with the Equal Employment Opportunity Officer. If the complaint involves the Equal Employment Opportunity Officer, the complaint may be filed with the President/Superintendent. College Council 2/2/2015 Page 20 Complaint Procedure The District has identified the Director of Human Resources as the responsible District officer, responsible for receiving complaints. Informal charges of unlawful discrimination should be brought to the attention of the responsible District officer. The responsible District officer shall oversee the informal resolution process. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract. An outside investigator must be used when the responsible District officer is named in the complaint or implicated by the allegations in the complaint. When a person brings charges of unlawful discrimination the officer must: Undertake efforts to resolve the charge informally; Advise the complainant that he or she need not participate in an informal resolution of the complaint; Notify the complainant of the procedures for filing a formal complaint; Notify the complainant that he or she may file a complaint with the Office of Civil Rights of the U.S. Department of Education. If the complainant, a student or an employee, files a formal complaint, the responsible District officer must also forward a copy of the complaint to the state Chancellor’s Office. A formal complaint not involving employment, must be processed if it is 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 allegation. A formal complaint alleging discrimination in employment must be filed within 180 days of the date of the alleged unlawful discrimination, unless the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the initial 180 days. The complaint must be filed by someone who alleges that he or she has personally suffered unlawful discrimination, or by someone who has learned about unlawful discrimination in his or her official capacity. When a proper complaint is received, the District will begin an impartial fact-finding investigation, and notify the complainant and the Chancellor that it is doing so. When the investigation is done, the results must be set forth in a written report. The written report must 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 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. In any case that does not involve employment discrimination, the District must provide the Chancellor’s Office with a copy of the investigative report within ninety days from the date the District received the complaint. The District must also provide the complainant with a copy or summary of the investigative report within ninety days from the date the District received the complaint. The Chancellor’s Office and the complainant must also be provided with a written notice setting forth the determination of the Director/EEO Officer as to whether discrimination College Council 2/2/2015 Page 21 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 complainant's right to appeal to the District's governing board and the state Chancellor’s Office. In any case that involves employment discrimination, the District must provide the complainant with a copy or summary of the report, and with written notice setting forth the determination of the Director/EEO Officer as to whether discrimination 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 the complainant’s right to appeal to the District’s governing board and to file a complaint with the Department of Fair Employment and Housing. If the complainant is not satisfied with the results of the administrative determination, the complainant must be given the opportunity to submit a written appeal to the governing board within fifteen days from the date of the notice of the administrative determination. The Board must review the original complaint, the investigative report, the administrative determination, and the appeal and must issue a final District decision within forty-five days of receiving the appeal. In any case not involving employment discrimination, a copy of the final District decision must be promptly forwarded to the complainant and the state Chancellor’s Office. The complainant must be notified of his or her right to appeal. In any case involving employment discrimination, a copy of the final District decision must be promptly forwarded to the complainant. The complainant must be notified of his or her to right to file a complaint with the Department of Fair Employment and Housing. Where the Board does not act within forty-five days the administrative determination must be deemed approved and must become the final District decision. The District shall promptly notify the complainant and in cases not involving employment discrimination, the Chancellor, that the Board took no action and the administrative determination becomes the final District decision. In cases not involving employment discrimination, the complainant must be informed of his or her right to appeal the District’s decision to the Chancellor. In cases involving employment discrimination, the complainant shall be notified of his or her right to file a complaint with the Department of Fair Employment and Housing. In cases not involving employment discrimination, the complainant must be given the right to file a written appeal with the state Chancellor’s Office within 30 days after the Board issues the final District decision, permits the administrative decision to become final or from the date that notice of the District’s final decision was provided to the complainant pursuant to Section 59338(b) or (d), whichever is later. The District should retain and make available the original complaint, and copies of the final decision or a statement indicating the date on which the administrative determination became final, the notice given to complainant, the complainant’s appeal of the District’s administrative determination, the investigative report and any other information the Chancellor may require. College Council 2/2/2015 Page 22 Job Announcements All job announcements shall contain a statement in substantially the following form: The District is an equal opportunity employer. The policy of the District is to encourage applications from ethnic and racial minorities, women, persons with disabilities, and Vietnam-era veterans. No person shall be denied employment because of ethnicity or race, color, sex or gender, age, religion, marital status, disability, sexual orientation, national origin, medical conditions, status as a Vietnam-era veteran, ancestry, or political or organizational affiliation. Dissemination and Revision of the Plan The Plan and subsequent revisions will be distributed to the district’s governing board, the President/Superintendent, administrators, the academic senate leadership, union representatives and members of the District Equal Employment Opportunity Advisory Committees. The Plan will be available on the district’s website, and when appropriate, may be distributed by e-mail. An annual notice provided to all employees will contain the following provisions: 1) The importance of the employee’s participation and responsibility in ensuring the Plan’s implementation. 2) Where complete copies of the Plan are available, including in every campus library, in the district’s public folders, on the campus and district internet site, the Office of the President/Superintendent, the Office of Human Resources, and both the Del Norte and Mendocino Coast Center administrative offices. All new employees will receive a written notice of the Plan when they commence their employment with the district, containing the notice provisions described above. Statements of nondiscrimination shall be posted at locations where applications for employment are distributed. Such plans shall be reviewed at least every three years and, if necessary, revised and submitted to the state Chancellor’s Office for approval. References: Education Code Sections 87100 et seq.; Title 5 Sections 53000 et seq. and Sections 59300 et seq. College Council 2/2/2015 Page 23 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3430 PROHIBITION OF HARASSMENT The District is committed to providing an academic and work environment free of unlawful harassment. This procedure defines sexual harassment and other forms of harassment on campus, and sets forth a procedure for the investigation and resolution of complaints of harassment by or against any staff or faculty member or student within the District. This procedure and the related policy protects students and employees in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities, a District bus, or at a class or training program sponsored by the District at another location. Definitions General Harassment: Harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation of any person, military and veteran status, or the perception that a person has one or more of these characteristics is illegal and violates District policy. Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive, persistent, or severe that a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource. Gender-based harassment does not necessarily involve conduct that is sexual. Any hostile or offensive conduct based on gender can constitute prohibited harassment if it meets the definition above. For example, repeated derisive comments about a person’s competency to do the job, when based on that person’s gender, could constitute gender-based harassment. Harassment comes in many forms, including but not limited to the following conduct that could, depending on the circumstances, meet the definition above, or could contribute to a set of circumstances that meets the definition: Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on a person’s race gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation; or sexist, patronizing or ridiculing statements that convey derogatory attitudes based on gender, race nationality, sexual orientation or other protected status. College Council 2/2/2015 Page 24 Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. It also includes any physical assault or intimidation directed at an individual due to that person’s gender, race, national origin, sexual orientation or other protected status. Physical sexual harassment includes acts of sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. Visual or Written: The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation, or other protected status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions. Environmental: A hostile academic or work environment may exist where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation or other protected status; or gratuitous comments regarding gender, race, sexual orientation, or other protected status that are not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. It can also be created by an unwarranted focus on, or stereotyping of, particular racial or ethnic groups, sexual orientations, genders or other protected statuses. An environment may also be hostile toward anyone who merely witnesses unlawful harassment in his/her immediate surroundings, although the conduct is directed at others. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work. Sexual Harassment: In addition to the above, sexual harassment consists 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 work or educational setting when: submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress; submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual; the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment (as more fully described below); or submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the community college. College Council 2/2/2015 Page 25 This definition encompasses two kinds of sexual harassment: "Quid pro quo" sexual harassment occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct. "Hostile environment" sexual harassment occurs when unwelcome conduct based on a person’s gender is sufficiently severe or pervasive so as to alter the conditions of an individual's learning or work environment, unreasonably interfere with an individual's academic or work performance, or create an intimidating, hostile, or abusive learning or work environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person of the same gender would perceive the environment as hostile. A single or isolated incident of sexual harassment may be sufficient to create a hostile environment if it is severe, i.e. a sexual assault. Sexually harassing conduct can occur between people of the same or different genders. The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person of the same gender as the victim would perceive the conduct as harassment based on sex. Consensual Relationships: Romantic or sexual relationships between supervisors and employees, or between administrators, faculty, or staff members and students are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. A conflict of interest may arise if the administrator, faculty or staff member must evaluate the student’s or employee’s work or make decisions affecting the employee or student. The relationship may create an appearance of impropriety and lead to charges of favoritism by other students or employees. A consensual sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. In the event that such relationships do occur, the District has the authority to transfer any involved employee to eliminate or attenuate the supervisory authority of one over the other, or of a teacher over a student. Such action by the District is a proactive and preventive measure to avoid possible charges of harassment and does not constitute discipline against any affected employee. Academic Freedom: No provision of this Administrative Procedure shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. Freedom of speech and academic freedom are, however, not limitless and this procedure will not protect speech or expressive conduct that violates federal or California anti-discrimination laws. References: Education Code Sections 212.5; 44100; 66281.5; Title IX, Education Amendments of 1972; Title 5 Sections 59320 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e Approved: Former Administrative Regulation #809.02, “Sexual Harassment,” Approved by the Board: 2/85; Revised on 3/15/87/ 5/6/91/ 2/4/03 Former Board of Trustees Policy #343/440, “Consensual Relationships,” Approved by the Board of Trustees: March 7, 1994 College Council 2/2/2015 Page 26 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 809 Administrative Regulation No. 809.02 SEXUAL HARASSMENT It is the policy of the College of the Redwoods to provide a workplace and educational environment free from sexual harassment and other prohibited discrimination. While on the campus, college employees and students are expected to adhere to a standard of conduct that is respectful and courteous to fellow employees and students and to the public. Sexual harassment is a form of discrimination and is a violation of both State and Federal Laws (Title VII of the Civil Rights Act of 1964, Title IX, California Education Code, and Title 5). A violation of these laws could result in an unpleasant educational or work environment, reduced employee or student productivity or morale, embarrassment, adverse publicity, disciplinary action against a student, or staff member, and civil or criminal liability and legal action. 1. Definition Sexual harassment is defined in California Education Code 212.5 as "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 work or educational setting. . ." Sexual harassment occurs when: (a) Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress. (b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. (c) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. (d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. 2. Examples Harassment and other discrimination on the basis of sex can be written, verbal, physical, or visual. The following behavior can be considered sexual harassment. General College Council 2/2/2015 Page 27 Comments, jokes, illustrations, text materials, handouts with sexual bias or overtones; derogatory or demeaning remarks, slurs, epithets; off-color comments, body language, leering, gestures, facial expressions, eye messages; comments about size, figure, clothing, when the comments carry sexual implications; assault, touching, impeding or blocking movements, leaning over, hand on shoulder/ back/hip, encircling; invasion of space (standing or approaching too close); display of sexually suggestive objects or pictures, cartoons, posters, calendars; suggestive or obscene letters, notes, and invitations are all examples of sexual harassment. ALL JOKES, ILLUSTRATIONS, COMMENTS, BODY LANGUAGE, ETC. SHOULD DISPLAY COURTESY AND RESPECT FOR ALL PERSONS. Employment: Threats of reprisal; implying or actually withholding support for appointments, promotion or transfer; punitive actions; change of assignments; or suggesting that a poor performance report will be prepared if requests for sexual favors are not met. Promises of promotion, salary increases, etc. Academic: Promises or threats regarding grades, course admission, recommendations; enhancement or limitation of student benefits or services (i.e. scholarships, financial aid, work study job). Section 230 of California Education Code makes it unlawful to exclude a person or persons from participation in, to deny the benefits of, or to subject a person to harassment or other sex discrimination in any academic, extracurricular, research, occupational training, or other program or activity. 3. District Procedures The District will take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees and students of their right to raise the issue of harassment, and developing methods to increase student and staff knowledge and understanding about sexual harassment and to sensitize all concerned. Sexual harassment by students or employees will not be tolerated; and if it occurs, will be subject to appropriate disciplinary action. 4. Student/Employee Responsibility If a student, employee, or applicant believes that he/she is being or has been harassed, that person should immediately inform the harasser that his/her behavior is unwelcome, offensive, in poor taste, unprofessional, or highly inappropriate. If the employee/student feels uncomfortable or has difficulty expressing disapproval, or the harassment does not stop, assistance should be sought from a supervisor, an instructor, the Human Resources Director/EEO, or other college administrator. Information about informal and formal student or employee grievance procedures for complaints of unlawful discrimination (including sexual harassment) may be obtained from the Human Resources Office. College Council 2/2/2015 Page 28 Approved: February 1985 Revised: 3/15/87, 5/6/91, 2/4/03 COLLEGE OF THE REDWOODS Board of Trustees Policy No. 343/440 CONSENSUAL RELATIONSHIPS Professional and ethical conduct are expected of all academic employees. When disparities in power are present between two individuals, such as an instructor and a student, the extent to which mutuality of consent to a personal relationship is voluntary may be questioned. Because amorous relationships may undermine the real or perceived integrity of the supervision and evaluation provided and the trust inherent in the College's relationship with the student, 1. amorous relationships between a faculty member, administrator or other employee, and a student enrolled in his or her class, or otherwise subject to his or her evaluation or supervision, shall constitute unapproved conduct which may be determined to be unprofessional conduct. Class enrollment of spouses or other persons in pre-existing amorous relationships with the faculty member may be authorized by the Division Dean, provided it is understood that the Dean shall have the right to review the student's work and grade upon request and in the case of other employees, by the President, under the provisions of Board policy 332/424, "Employment of Relatives." 2. Faculty are directed by this policy to avoid participating in amorous relationships with students enrolled in their classes or subject to their evaluation or supervision. 3. Faculty are advised to consider potential conflicts resulting from amorous relationships with students enrolled in and working within the same academic discipline. Members of the college community who believe themselves to be affected adversely by violation of this policy may initiate a complaint in the following manner: Faculty 1. The complaint shall be initiated with the Vice President of Academic Affairs or Campus Dean. 2. The Administrator receiving the complaint shall request an investigation by the Academic Senate Professional Relations Committee, which will interview the persons involved. 3. If the Academic Senate Executive Committee finds the need for further review, this committee will interview the persons involved and respectively submit its findings and resolutions to the President, who shall report the matter to the Board for information or final action. Administrator or Other College Council 2/2/2015 Page 29 1. The complaint shall be initiated with the Director of Human Resources, who shall investigate and interview the persons involved. 2. The findings and recommendations shall be forwarded to the President, who shall report the matter to the Board for information or final action. Adopted by Board of Trustees: March 7, 1994 College Council 2/2/2015 Page 30 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy 3560 ALCOHOLIC BEVERAGES ON CAMPUS The President/Superintendent is authorized to enact procedures as appropriate and permitted by law regarding serving alcoholic beverages on campus. Alcoholic beverages shall not be served on campus except in accordance with these procedures. See Administrative Procedure 3560 References: Business and Professions Code Sections 24045.4, 24045.6, 25608, 25658(a)(b), 34 Code of Federal Regulations Part 668.46 b Adopted by Board of Trustees: August 6, 2013 College Council 2/2/2015 Page 31 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3560 ALCOHOLIC BEVERAGES ON CAMPUS The possession, sale, or furnishing of alcohol on campus is governed by California state law and these procedures. The possession, sale, consumption, or furnishing of alcohol is controlled by the California Department of Alcohol and Beverage Control. However, the enforcement of alcohol laws on campus is the primary responsibility of College of the Redwoods Security. The campus has been designated “Drug Free” and only under certain circumstances is the consumption of alcohol permitted. The possession, sale, manufacture, or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by College of the Redwoods Security. Violators are subject to disciplinary action, criminal prosecution, fine, and imprisonment. It is unlawful to sell, furnish, or provide alcohol to a person under the age of 21. The possession of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal. It is also a violation of this policy for anyone to consume or possess alcohol in any public or private areas of campus without prior District approval. Organizations or groups violating alcohol or substance policies or laws may be subject to sanctions by the District. Alcoholic beverages on campus are permitted if: The alcoholic beverage is for use during a fundraiser held to benefit the College of the Redwoods Foundation or other nonprofit corporation that has obtained a license under the Business and Professions Code and obtained approval by the President/Superintendent to do so provided that no alcoholic beverage can be acquired, possessed or used at a football game or other athletic contest sponsored by the District. The alcoholic beverage is for use in connection with a course of instruction, and the instructor has been authorized to use it by the President/ Superintendent or designee. The alcoholic beverage is possessed, consumed or sold during a special event, which is sponsored by the College of the Redwoods Foundation and authorized by the President/Superintendent or designee, where the principal attendees are members of the general public or invited guests and not students. The alcoholic beverages are for use during a non-college event at a performing arts facility built on District property and leased to a nonprofit public benefit corporation and approved by the President/Superintendent. Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage must be at a minimum, 21 years of age and cannot consume alcohol at the event at which they are serving. College Council 2/2/2015 Page 32 Every person who consumes any alcoholic beverage must be at a minimum, 21 years of age. References: Business and Professions Code Sections 24045.4, 24045.6, 25608, 25658 (a)(b), 34 Code of Federal Regulations Part 668.46 b Approved by the Board of Trustees: August 6, 2013 College Council 2/2/2015 Page 33 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3601 Number Update only from Board of Trustees Policy No. 606 COLLEGE OF THE REDWOODS FOUNDATION, INC. The Board of Trustees shall enter into a Master Agreement by and between the Redwoods Community College District (District) and the College of the Redwoods Foundation (Foundation). The Foundation shall be established as an auxiliary organization of the District, and shall operate as a separate 501(c)(3) corporation. As an auxiliary organization, the Foundation shall follow the administrative procedures detailed in AP 3600 – Auxiliary Organizations. The purpose of the Foundation is to benefit and augment the educational programs of the District by: 1. Providing an instrumentality for financing and undertaking activities, projects, and functions of an educational, and/or charitable nature which will support the mission of the District; 2. Soliciting, receiving, investing, and managing money and property, and using the funds, proceeds, and income generated to benefit the students of the District; and 3. Providing oversight and support services for affiliate groups approved by the Foundation Board of Directors. The Board of Trustees will allow the College of the Redwoods Foundation, Inc. to administer all associate student body income and expenditures and income derived from the bookstore, food services, dormitories charges and gifts to the College. The Board of Trustees will maintain this relationship to allow the fulfillment of the following purposes: 1. To accumulate scholarship and loan funds. 2. To afford and encourage opportunities for the establishment of permanent collections, art endowments, research and educational projects, and otherwise provide aids to education supplementary to State and local tax means for the support and benefit of College of the Redwoods. 3. To solicit funds to acquire, receive by gift, bequest trust, or otherwise, and to hold, encumber and transfer and/or sell or convey, real estate and personal property; to borrow money, incur indebtedness and secure the same by mortgage, pledge, or deed of trust of property, real or personal and to appoint or hire and employ agents and/ or servants; to College Council 2/2/2015 Page 34 purchase or otherwise acquire objects of any nature whatsoever, and to sell and exchange the same for the purpose of acquiring other materials or property more desirable, except where restricted or prohibited by the terms of the trust; to conduct expeditions or exploration or scientific quest; to subsidize scientific research, to publish reports, proceedings bulletins or journals of science, education or art, or of divisions thereof; and in general to do any or all things conducive to dissemination of knowledge of science and the arts, or necessary or incidental to the realization of the purposes aforementioned. Former board of Trustees Policy No. 606, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 College Council 2/2/2015 Page 35 REDWOODS COMMUNITY COLLEGE DISTRICT BP 6750 Board Policy Number Update only from Board of Trustees Policy No. 805 PARKING The President/Superintendent shall establish such administrative procedures regarding vehicles and parking on campus as are necessary for the orderly operation of the instructional program. No person shall drive any vehicle or leave any vehicle unattended on the campus except in accordance with such procedures. Parking fees shall be established in accordance with these board policies. Education Code Section 76360 Vehicle Code Section 21113 Former Board of Trustees Policy No. 805, number change only on June 5, 2012 Adopted by the Board of Trustees: 8/77 Amended: 9/20/82; 7/11/00; 4/5/04 College Council 2/2/2015 Page 36 REDWOODS COMMNITY COLLEGE DISTRICT AP 6750 Administrative Procedure Number Update only from Administrative Regulation No. 805.01 PARKING REGULATIONS These procedures are intended to promote safe and orderly movement of traffic within District property for the safe and orderly parking of vehicles. All applicable provisions of the California Vehicle Code are expressly applicable both on and off paved roadways. Parking of motor vehicles is limited to designated areas. Fee permits are required. Vehicles parked in violation of the provisions of this code are subject to fines, towing, and/or impoundment. All persons who enter college property are charged with knowledge of the provisions of this procedure and are subject to the penalties for violations of such provisions. In accordance with Section 21113a of the California Vehicle Code, it shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in these procedures. SECTION I – PARKING REQUIREMENTS The District provides facilities for vehicles for the sole purpose of conducting College business. The District assumes no liability for damage or loss to private vehicles, their occupants, or contents while on College property. Drivers, other than staff and students, who require vehicles on campus in order to conduct business related to the College, may obtain temporary or campus services permits. Daily permits may be purchased at each campus. PART A. GENERAL 1. 1. DRIVER RESPONSIBILITY: The operation and parking of any motor vehicle on campus shall be the responsibility of the vehicle operator. Parking is permitted only with the proper acquisition and display of an appropriate valid and current parking permit. Students may not use parking areas reserved for staff between the hours of 7:00 a.m. and 5:00 p.m. weekdays. Unless otherwise marked, students may use staff areas after 5:00 p.m. 1. 2. 2. TEMPORARY REGULATIONS/INSTRUCTIONS: Occasionally special short-term conditions arise that may require suspending portions of these regulations, or may require additional temporary regulations and/or instructions. Citations may be issued to persons violating any temporary signs, barricades, or markings. PART B. ELIGIBILITY 1. 1. STUDENTS: All students who have paid the required fee and properly displayed their District issued parking permit are eligible for first-come, first-served parking in general parking lots. 1. College Council 2/2/2015 Page 37 2. 2. STAFF: All full-time and part-time staff are eligible for parking in staff lots. The term "staff" does not include tutors, student assistants, or work-study employees. 2. 3. 3. DISABLED PARKING: Disabled placards or specialized vehicle license plates are available from the Department of Motor Vehicles to those individuals with qualifying medical conditions. Such placards or license plates allow individuals with disabilities to park in spaces denoted by blue curbs, appropriate signage, and the international disabled symbol. Holders of disabled placards or license plates are also authorized to park in any parking space available, including staff spaces. Disabled placard or license plate holders are required to procure and display a College of the Redwoods parking permit while parked in spaces, including spaces for individuals with disabilities, on campus. Persons with short-term disabilities requiring them to park near classes or offices may apply for special permits at the Disabled Student Services Office. This special permit will allow the individual the right to park in Medical Permit or Staff spaces. The special permit does not allow the individual to park in the blue Disabled Parking spaces. 4. 4. RESIDENTIAL HOUSING PARKING: Residents of College Housing who wish to park a vehicle on campus shall purchase special parking permits that allow parking in either general parking lots or reserved residential housing parking lots. Such permits have an additional tab identifying the holder as authorized to park overnight on campus. These permits can be obtained at the Housing Office. 4. 5. 5. ONE-DAY PARKING PERMITS: One-day parking permits are available from permit dispensing machines at the Eureka and Mendocino Coast campuses and at the Administrative Office at the Del Norte campus. These permits are only for use in any general parking lots and are good only on the date printed on the face of each permit. They are not valid in staff or residential housing staff parking lots. 5. 6. 6. VISITOR PARKING: A visitor coming to the College on official business may obtain a Visitors Parking Permit. These permits are only for use in general parking lots and are only good for the date on the face of the permit. These permits can be obtained at the Eureka Security Office at Eureka campus and the Administrative Offices at Del Norte and the Mendocino Coast campuses. 6. 7. 7. CAMPUS SERVICES PARKING PERMIT: Commercial or private vehicles providing essential services to campus classrooms and offices are eligible to receive a Campus Services Parking Permit which will permit parking close to the building where services are being provided. Vehicles may park in an area designated for “Authorized Vehicles Only.” Campus Services Permits are also honored in all parking lots on campus. These permits can be obtained at the Eureka Security Office at Eureka campus and the Administrative Offices at Del Norte and the Mendocino Coast Ccampuses. College Council 2/2/2015 Page 38 7. 8. 8. VOLUNTEER WORKERS: Individuals who volunteer to work in a College program on a regular basis, and are not students or employees, will be provided with appropriate permits free of charge. These permits are only for use in general parking lots and are only good for the date on the face of the permit. These permits can be obtained at the Eureka Security Office at Eureka campus and the Administrative Offices at Del Norte and the Mendocino Coast campuses. SECTION II - PROCEDURES PART A. FEES/PERMITS The Board of Trustees and California State Law provide that a schedule of parking fees be established in order that funds may be provided for service, maintenance, improvement, and expansion of parking facilities. 1. 1. All persons parking on campus must pay fees as prescribed below except those who qualify for adjusted rates under Education Code 76300(g) as verified by the Financial Aid Office: PERMIT FEE SCHEDULE Automobile/Truck: Annual (August to August) Permit: $5065.00 Fall or Spring Semester: $340.00 Fall or Spring reduced rate (BOG): $30.00 Winter Session: $69.00 Summer Session: $105.00 Annual priority parking (in addition to any applicable fee above): $150.00 One-day Permit: $12.00 Motorcycles:* Annual (August to August) Permit: $2533.00 Fall or Spring Semester: $1520.00 Winter Session: $53.00 Summer Session: $58.00 One-day Permit: $12.00 *If an Automobile/Truck permit is purchased, and a motorcycle is the individual's second vehicle, a motorcycle permit will be provided at no additional charge. Staff Parking Permits: The first staff permit is provided free of charge. Additional permits for staff members cost $15.00. Additional permits may be purchased for vehicles registered to the staff member when the vehicle will be used as alternative transportation. Staff permits are not for the use of dependent children for the purpose of attending classes. As students, they are required to procure and display student permits and park in general lots. 2. 2. PLACEMENT OF PARKING PERMIT: Parking permits must be displayed face out on either side of the lower windshield or face out on the rearview mirror. It is the driver's responsibility to ensure that all numbers on the permit are visible from the exterior of the vehicle. College Council 2/2/2015 Page 39 3.2.One Dday and temporary permits, such as visitor and vendor permits, should be placed face up on the driver's side of the dash so as to be visible from the exterior of the vehicle. 4. 3. TRANSFER OF PERMIT: 5. A parking permit is not transferable to other individuals. 3. 6. 4. REPLACEMENT OF PERMIT: In the event that a permit must be replaced due to damage or loss, there will be a $5.00 $2.50 replacement charge. 4. 7. 5. MISUSE OF PARKING PERMITS: All parking permits sold, issued, or granted to any person as permission to park a vehicle on campus, are and shall remain the property of College of the Redwoods during the period it is in effect. The College reserves the right to revoke a parking permit for cause at any time before the expiration date of the permit. 5. No person shall have in his/her possession, use, or display any counterfeit or altered permit, or have in his/her possession, use, or display for use as a valid permit, any permit not specifically authorized by College of the Redwoods. No unauthorized person shall intentionally deface, destroy, or unlawfully remove any parking permit from a vehicle. . No person who has been issued a parking permit shall give, lend, or allow any person to use such permit to obtain parking privileges to which he/she is not entitled. No person who is not the legitimate holder of a parking permit shall fraudulently use any permit to obtain parking privileges to which he/she is not entitled. 8.6.6. CARPOOLING: College of the Redwoods encourages staff and students to carpool by allowing individual parking permit holders to place as many license plates as they desire on their permit. While one person must be the designated owner of a permit, that person can place the license plate numbers of other authorized vehicles on the permit to permit carpooling by simply moving the permit to the vehicle being used at the time. PART B. PARKING 1. 1. WHERE TO PARK: A parking permit does not guarantee a parking space in any given area at any given time. The responsibility of locating a legal parking space rests with the permit holder. Private vehicles must be parked in a marked parking space unless a vendor or other special short-term permit of authorization is displayed. Lack of a parking space at any given time or location is not considered a valid excuse to park a vehicle in an area or space that is in violation of the conditions for which the parking permit was originally issued. 1. 2. 2. NO PARKING: It shall be unlawful to park at any red or yellow painted curb or at any area with an erected or posted sign that designates it as a "No Parking" area. SECTION III - ENFORCEMENT College Council 2/2/2015 Page 40 PART A. PARKING REGULATIONS 1. 1. Moving Violations: State or local law enforcement agencies may enforce moving violations. Moving violations observed by security personnel are reported to the College Administration for possible disciplinary action. Examples of moving violations include: a) a. Exceeding the posted speed limits of 15 miles per hour on campus roadways or within designated parking facilities a) b) b. Failure to stop at “Sstop” signs or observe "Yield" signs b) c) c. Operating motor vehicle in a prohibited direction on a one-way street or parking lot lane c) d) d. Failure to yield right-of-way to pedestrians d) e) e. Driving on inner-campus pedestrian walkways (except for authorized campus service vehicles e) f) f. Reckless driving as defined by the California Vehicle Code f) g) g. Operating a vehicle on restricted roadways 2. 2. Illegal Parking: a) a. No current valid parking permit visible a) b) b. Reserved for staff permit parking only b) c) c. Disabled parking only c) d) d. Authorized campus vehicle parking only d) e) e. Designated or posted no parking at anytime e) f) f. Reserved for residential housing parking only g) g. Parking in red zone f) h) h. Parking in yellow zone g) i) i. Double parking h) j) j. Altered/forged/stolen permit i) 3. 3. Additional Violations: k) a. Altering, damaging, or moving College traffic signs, markings, or signal devices l) b. Failure to obey any lawful order, signal, or direction of College official or other law enforcement officer. j) College Council 2/2/2015 Page 41 m) c. Improper classification of one's vehicle as regulated in Section I, Part B k) n)l) d. Failure to observe temporary parking, or route and detour signs 4. 4. Wheeled Recreational Equipment (except bicycles): In the interest of public safety, no person shall, within the confines of the College grounds or buildings, ride a skateboard, roller skates, roller blades, or any wheeled recreational equipment, regardless of power. One exception shall be that a currently enrolled student may ride a skateboard, roller skates, or roller blades, not equipped with a motor or external power, in unoccupied areas of parking lots, away from vehicles during daylight hours. Firsttime offenders shall be warned to remove the wheeled recreational equipment from the College grounds. Subsequent offenses will be referred to the appropriate College official for disciplinary action (Education Code Section 70902 – California Vehicle Code Sections 21113(f), 21967, and 21969). PART B. ENFORCEMENT 1. 1. CITATIONS: All vehicles parked in violation of these regulations shall be cited. Citations issued by College of the Redwoods are processed through the appropriate agency in accordance with Section 40200 of the California Vehicle Code. Citations are forwarded to the appropriate agency within 72 hours (3 working days) of issuance. The following parking fines are in effect: 1. a) No permit, etc.: $25.00 b) Campus vehicle parking only, overtime parking: $35.00 c) No parking anytime, red/yellow zone, double parking, etc.: $45.00 d) Altered/forged/stolen permit: $150.00 e) Disabled parking only: $330.00 2. 2. OVERNIGHT PARKING: Parking of vehicles on campus overnight, or at any time for the purpose of storage or repairing such vehicle (except for emergency repairs) is prohibited, unless permission is obtained, in advance from Security. The parking of motor homes, trailers, boats, or any vehicle on campus for the purpose of habitation or storage is prohibited. Residential Housing permits allow overnight parking for residents only. Guests of housing residents must be checked in with the housing office. The housing office may issue an appropriate temporary permit. 2. 3. A3. APPEALS: Individuals who feel that they have been incorrectly or unjustly cited may appeal citations using the following process: a) a. Complete a “Request for Review of Citation.” The Director of Public Safetyervices/Security or designee is designated as the College of the Redwoods Citation Review Officer. The Director shall review written appeals of citations and make a determination as to its disposition. Violators shall be notified by email of this decision within three working days. a) b) b. If the individual wishes to contest this decision further, a request for additional review by the College Administrative Review Committee may be made by College Council 2/2/2015 Page 42 completing additional sections of the same form and depositing the amount of the fine. b) c) c. If the individual continues to disagree with the findings of that committee, he/she may request a court appointment. Any monies deposited will be forwarded to the appropriate court until the court provides a final disposition. 4. 1. TIME RESTRICTIONS: Other than Residence Hall parking lots, tThe requirement of a parking permit is not enforced between 5:00 p.m. , Fridays and 7:00 a.m. , Mondays. All other parking regulations are enforced twenty-four hours per day, seven days a week. 4. 5. 2. TOWING, IMMOBILIZING, AND IMPOUNDING OF VEHICLES: Vehicles that appear to be abandoned are referred to the California Highway Patrol who will tow the vehicle after seventy-two hours of notification. Impoundment fees for such removal are the responsibility of the registered owner of the vehicle. Vehicles that have five or more unpaid citations may be immobilized by the College. PART C. PARKING PERMIT REFUNDS 1. Refunds will be considered when classes for which a student is registered have been cancelled, or circumstances beyond the student's control require withdrawal. Refunds for parking permits are made only to the person or organization paying the fee. The parking permit must be returned. 1. 2. After the first week of a given semester, $12.00 is subtracted from the value of the permit each school day that passes following the purchase of the permit. A school day is any weekday that the College is open for instructional purposes. It does not necessarily conform to the individual student's schedule. 2. 3. Refunds are made by credit to the student’s accountcheck using the U.S. Mail approximately 10 working days following application for the refund. Education Code Section 76360 Vehicle Code Section 21113 Former Administrative Regulation No. 805.01, number change only on June 5, 2012 Approved 10/4/82 Revised: 7/7/86 ; 9/9/91 ; 7/11/00 ; 3/5/02 ; 4/5/04 College Council 2/2/2015 Page 43 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7150 EVALUATION The District assures the effectiveness of its human resources by evaluating all personnel systematically and at stated intervals. The District establishes written criteria for evaluating all personnel. The evaluation process assesses the effectiveness of personnel and encourages improvement. Actions taken following evaluations are formal, timely, and documented. Reference: Accreditation Standard III.A.5 (formerly III.A.1.b) College Council 2/2/2015 Page 44 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7160 PROFESSIONAL DEVELOPMENT The District plans for and provides all personnel with appropriate opportunities for continued professional development, consistent with the District’s mission. The District will evaluate these programs and use the results of the evaluation as the basis for improvement. PROFESSIONAL DEVELOPMENT RELEASE TIME: Release time shall be consistent with established collective bargaining agreements for represented employees. Up to three hours of release time per week will be provided for unrepresented confidential employees to participate in professional development directly related to their position and work activity. (note: from BP 7243) PROFESSIONAL DEVELOPMENT LEAVE: (note: from BP 7163) Professional leaves for Administrative, Management, and Confidential Management employees shall be for the purpose of improving professional capabilities and knowledge, thereby enhancing the potential for contribution to the college. Such leaves may be used for activities such as visiting other colleges, attending classes, research/writing for publication, going to extended conferences, etc. Length of Leave: Employees may combine 40 working days paid management leave with unused vacation time to permit a maximum leave of 80 working days with administrative approval. Eligibility: To be eligible for professional leave, the applicant must have completed four or more years of full-time or part-time permanent employment with College of the Redwoods in a management position. An employee may participate in such a leave no more than once every four years. Applications for Professional Leave: Persons who wish to apply for professional leave must submit their requests for leave through established administrative channels the Office of Human Resources at least three full months in advance of the proposed leave. Requests must be in writing and contain full documentation of the manager's plans and qualifications for professional leave, and how the leave will benefit the college. Granting Leaves: The decision to grant a professional leave to an eligible candidate rests with the Board of Trustees, based upon the recommendation of the President. The decision shall take into consideration all cost factors for the leave. All management leaves will be scheduled at the convenience of the District and in a manner which normally will preclude the need for a replacement. However, a $1,000 annual account will be established to cover necessary costs. Written Report: Recipients of a professional leave must submit to the Office of Human Resources President, through established administrative channels, a comprehensive written report concerning professional leave activities within 60 calendar days after College Council 2/2/2015 Page 45 returning from leave. This report may be shared with the recipient’s supervisor, the President and Administrative Cabinet, and the Board of Trustees. Former Board of Trustees Policy No. 341, number change only on August 7, 2012 Former Board of Trustees Policy No. 339, number change only on August 7, 2012 Former Board of Trustees Policy No. 7243: Release Time for Confidential Staff Former Board of Trustees Policy No. 7163: Professional Development Staff Leaves Adopted by Board of Trustees: October 7, 1985 (AP 7160) Adopted by Board of Trustees: August 1, 1988 (BP 7163) Adopted by the Board of Trustees: October 7, 1985 (BP 7243) Reference: ACCJC Accreditation Standard III.A.14 (formerly III.A.5) College Council 2/2/2015 Page 46 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7239 7235 Number Update only from Board of Trustees Policy No. 404 PROBATIONARY PERIOD: CLASSIFIED EMPLOYEES The probationary period for classified employees service will be shall be one hundred thirty working days, excluding any and all paid or unpaid leaves of absence. The probationary period for classified employees may be extended beyond 130 working days by the mutual written agreement of the District and CSEA, however, in no case shall a probationary period exceed one calendar year. for six months. Time spent on leave of absence will not apply toward completion of the probationary period. At any time prior to the expiration of the probationary period, the Board of Trustees may in its sole discretion dismiss a probationary classified employee from the employ of the District. A probationary classified employee shall not be entitled to a hearing or to any statement of reasons for the Board's action. Written notice of such action shall be provided to the employee within fifteen (15) calendar days after the Board's action. At the satisfactory conclusion of the established probationary period, each employee is deemed to be a permanent employee. The anniversary date of the employee will be determined by the date of employment on the present position. Reference: Education Code Section 88013 Former Board of Trustees Policy No. 404, number change only on August 7, 2012 Adopted by Board of Trustees: September 19, 1972 Revised: February 4, 1980 College Council 2/2/2015 Page 47 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7240 CONFIDENTIAL EMPLOYEES Confidential employees are those who are required to develop or represent management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. The fact that an employee has access to confidential or sensitive information shall not in and of itself make the employee a confidential employee. A determination whether a position is a confidential one shall be made by the Board in accordance with applicable law and with the regulations of the California Public Employment Relations Board. Confidential employees are not eligible for inclusion in a bargaining unit represented by an exclusive representative and the terms and conditions of their employment are not controlled by any collective bargaining agreement. The terms and conditions of employment for confidential employees shall be provided for by procedures developed by the President/Superintendent. Such terms and conditions of employment shall include, but not be limited to, procedures for evaluation and rules regarding leaves, transfers and reassignments. Reference: Government Code Section 3540.1(c) College Council 2/2/2015 Page 48 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7240 CONFIDENTIAL EMPLOYEES Confidential employees shall receive the same paid holidays, leaves, health benefits, and retirement benefits as classified employees. EVALUATIONS: Confidential employee evaluations shall be conducted with the same frequency and in the same manner as classified employees. PROBATION: The probationary period for all confidential staff shall be one hundred thirty (130) working days, excluding any and all paid or unpaid leaves of absence. The probationary period for a confidential employee may be extended beyond 130 working days by the mutual agreement of the President/Superintendent and the confidential employees’ supervisor, however, in no case shall a probationary period exceed one calendar year. for six months. Time spent on leave of absence will not apply toward completion of the probationary period. At any time prior to the expiration of the probationary period, the Board of Trustees may in its sole discretion dismiss a probationary confidential employee from the employ of the District. A probationary confidential employee shall not be entitled to a hearing or to any statement of reasons for the Board's action. Written notice of such action shall be provided to the employee within fifteen (15) calendar days after the Board's action. At the satisfactory conclusion of the established probationary period, each employee is deemed to be a permanent employee. Reference: Education Code Section 88013; Government Code Section 3540.1(c) Reference: Former Board of Trustees Policy No. 7241, Confidential Staff Probationary Period Adopted by Board of Trustees January 11, 1993 (BP 7241) College Council 2/2/2015 Page 49 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7262 Number Update only from Board of Trustees Policy No. 328 MANAGEMENT PERFORMANCE EVALUATION I. II. III. Purpose The Board of Trustees recognizes that human resources is one of the most essential factors of achieving the mission and institutional goals of the District. This appraisal system is intended to evaluate management performance in accomplishing those goals.The performance evaluation process for management positions, as defined below, is designed to promote and support appropriate leadership and management skills, to improve the overall operation of the organization, to assist the manager in the growth and development of professional abilities, and to identify areas of strength and challenge. Definition of Management For purpose of this evaluation procedure, College of the Redwoods management positions are defined as: All administrators, including Division Chairs, Ddirectors, and classified managers. The position of President/Superintendent/President is excluded from this evaluation policy. Evaluation criteria Criteria shall consist of: 1. An up-to-date job description; the job description for the position the manager/administrator currently holds is reviewed for changes in responsibility and workload. If edits to the job description are warranted, they should be noted on the job description and the description forwarded to Human Resources as a component of the evaluation process. 2. Approved performance (job related) goals and objectives; 3. Evaluation of performance using the designated evaluation forms completed in the manner prescribed. IV. Process for evaluation 1. Probationary managers, newly employed by the district, shall be evaluated within the first six months of employment. Permanent managers shall be evaluated biennially (every two years) prior to March 1. Evaluations may take place more frequently if requested by supervisor or evaluatee. 2. It shall be the responsibility of the Director, Personnel Services Human Resources to maintain the completed evaluation forms in the employee's personnel file, to notify College Council 2/2/2015 Page 50 the supervisor of those managers scheduled for evaluation and the evaluatees that such evaluation is underway and the procedure to be followed. 3. It shall be the responsibility of the supervisor of each manager scheduled for evaluation to conduct the evaluation process, to conduct the post evaluation conference, to assure that the process is complete, and to file the complete evaluation instruments with the Director, Personnel ServicesHuman Resources. 4. There shall be a conference between supervisor and subordinate each year preceding May 30, to establish objectives for the following year. By June 30 of each year objectives shall be submitted to the supervisor. Objectives as approved by the supervisor shall be returned to the subordinate. The objectives may be revised during the year. Any changes resulting from this re-evaluation are to be approved by the supervisor. 4. The Academic Senate will be sent a list of all administrators, directors, and classified managers due for regular biennial evaluation. The Academic Senate may appoint a faculty evaluator or “PASS” on evaluating any administrator, director or classified manager. The Academic Senate will notify Human Resources of the appointed faculty evaluator or the decision to “PASS” on an appointment. 5. Evaluation forms shall be completed for each manager by the supervisor, one peer chosen by the evaluatee, and one faculty representative appointed by the Academic Senate. The evaluatee shall have the right to disqualify the faculty members so designated before the evaluation takes place. If such disqualification occurs, the Academic Senate shall appoint a replacement. Only one such disqualification may occur. Former Board of Trustees Policy No. 328, number change only on August 7, 2012 Adopted by Board of Trustees: December 1, 1980 Revised: March 5, 1990; January 21, 2015 College Council 2/2/2015 Page 51 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7262 Number Update only from Administrative Regulation No. 328.01 MANAGEMENT PERFORMANCE EVALUATION REPORT PURPOSE: This report provides the supervisor and employee an opportunity to formally discuss job performance in relation to the job description, mutually agreed upon objectives and identified management skills. The performance evaluation provideevaluation provides an official opportunity for discussion of strengths as well as areas where improvement is needed. INSTRUCTIONS: 1. A performance evaluation report for management employees, as defined in BP 7262, shall be completed during the first six months of employment. Permanent employees shall be evaluated biennially, prior to March 1. Evaluations may take place more frequently. 2. It shall be the responsibility of the supervisor of each manager scheduled for evaluation to conduct the evaluation process, to conduct the post evaluation conference, to assure that the process is completed, and to file the completed evaluation instruments with the Director, Personnel ServicesHuman Resources. 3. A peer evaluation form is included as part of the appraisal process to elicit input from peers. The peer is to be chosen by the evaluatee. The form is to be completed and routed to the immediate supervisor for inclusion as part of the evaluation report. 4. A faculty evaluation form is included to elicit input from faculty. A faculty representative will be appointed by the Academic Senate. Human Resources will notify the manager who the Academic Senate has appointed. The faculty member being evaluated will have the opportunity to disqualify the faculty member by notifying Human Resources in writing. Human Resources will request the Academic Senate appoint a replacement. The completed forms are routed to the immediate supervisor for inclusion as part of the evaluation report. 5. The evaluation shall be accomplished at the direction of and on a schedule established by the immediate supervisor in keeping with this policy. 6. The supervisor will conduct a post evaluation conference to discuss with the employee the objectives accomplished during the past year, future objectives, and areas of strengths, as well as areas where improvement may be needed. College Council 2/2/2015 Page 52 Reference: BP 7262 Management Performance Evaluation Former Administrative Regulation No. 328.01, number change only on August7, 2012 Approved: December 1, 1980 Revised: March 5, 1990; January 21, 2015 College Council 2/2/2015 Page 53 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 7340 LEAVES The President/Superintendent shall establish procedures for employee leaves as authorized by law and by any collective bargaining agreements entered into by the district. Such leaves shall include, but are not limited to: annual leave for members of the classified service, administrators, supervisors, and managers; Illness leaves for all classes of permanent employees; Vacation (annual) leave for members of the classified service, educational administrators and classified supervisors, confidential and managers shall not accumulate beyond 40 days or 320 hours of paid leave. Employees shall be permitted to take vacation in a timely manner to avoid accumulation of excess vacation Leave for service as an elected official of a community college District public employee organization, or of any statewide or national employee organization with which the local organization is affiliated or leave for a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization; Education Code Sections 87768.5 and 88210 Leave of absence to serve as an elected member of the legislature; Education Code Section 87701 Pregnancy leave; Education Code Sections 87766 and 88193; Government Code Section 12945 Use of illness leave for personal necessity; Education Code Sections 87784; 88207 temporary disability leave (maternity) (Education Code Sections 87766 and 88193, Government Code Section 12945); use of illness leave for personal necessity (Education Code Sections 87784 and 88207); Industrial accident leave; Bereavement leave; College Council 2/2/2015 Page 54 Jury service or appearance as a witness in court; (Education Code Sections 87036 and 87037); Military service (Education Code 87700); and Sabbatical leaves for permanent faculty, academic employees, administrators and managers Family Medical Leave; 29 U.S.C 2601 In addition to these policies and collective bargaining agreements, the Board of Trustees retains the power to grant leaves with or without pay for other purposes or for other periods of time. See Administrative Procedures 7340, 7341, 7343, and 7346. Reference: Education Code Sections 87763 et seq., 88190 et seq. and above citations. 29 U.S.C. 2601 Administrative Procedures 7340, 7341, 7343, and 7346 Adopted by Board of Trustees: 1/4/05 Amended: July 10, 1989, January 11, 1994, October 4, 1993; College Council 2/2/2015 Page 55 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7340 LEAVES The following procedures apply to employees who are not covered by a collective bargaining agreement or a specific employment contract. All leaves must be taken in increments of no less than one hour, except that confidential employees may take leave in increments of no less than one-quarter hour. At the end of each month, employees shall submit a report to their supervisor, indicating the number of days and hours taken for all leaves. Annual Leave (vacation): Annual leave is provided to benefit the employee and to best serve the needs of the district. While the district will make a reasonable effort to approve vacation requests that are convenient for the employee, it reserves the right to disapprove requests based on administrative needs. Furthermore, the district reserves the right to require employees to use accrued vacation, including time accumulated from prior years, at any time during the year, for the administrative or economic convenience of the district. The district will, whenever possible, give affected employees prior notice that it is exercising this right. Employees shall submit requests for annual leave to their immediate supervisor. Employees who render twelve months of full and regular service to the district during each academic year, shall earn twenty days annual vacation with pay, exclusive of holidays, as defined in Education Code Sections 79020 and 79021, which time shall be accrued on a monthto-month basis. Vacation time may be accumulated from year to year, up to a maximum of forty days (320 hours). Employees on a less-than-twelve-month contract are entitled to vacation on a pro rata basis. No annual leave will be earned by the employee at any time when the employee has already accumulated forty days (320 hours) of annual leave. Thereafter, annual leave shall be earned only when accumulated annual leave time is less than forty days (320 hours). Personal Use Day: Two days’ leave with pay will be granted for personal use each year. Personal Use leave does not carry forward to the next fiscal year if unused during the fiscal year in which it accrues. Sick Leave: Full-time twelve-month employees will be entitled to twelve (12) days leave of absence, for illness or injury with full pay, for every full fiscal year of service. (Education Code 88191) Full-time employees with less than twelve months are entitled to such a proportion of twelve (12) days leave of absence, for illness or injury with pay, as the number of months they are employed bears to twelve months. (Education Code 88191) College Council 2/2/2015 Page 56 Less than full-time employees are entitled for a full fiscal year of service to such a proportion of twelve (12) days leave of absence, for illness or injury with pay, as the number of days they are employed per week bears to five days. (Education Code 88191) Employees are entitled to extended-illness leave benefits as authorized in Education Code Sections 88196 and 88196.5. A new employee will not be eligible to take more than one day of sick leave for each month worked up to six (6) months, until the first day of the calendar month after completion of six (6) months of service with the district. (Education Code 88191) Employees will verify an absence when requested by the Director of Human Resources. A statement from a physician is required if the absence exceeds a period of five (5) working days. Absence will be reported to the immediate supervisor no later than one hour after the usual reporting time if at all possible. Employees will keep their supervisor informed daily as to when they expect to return. If the employee provides the district with written notification from a physician that he or she will be absent longer than five (5) working days, the employee need not report daily until after the initially reported duration of absences has expired. (Education Code 88191) Unused sick leave is accumulated from year to year without limitation. (Education Code 88191) Sick leave accrued while one is employed at another school district prior to the break of previous service may be transferred in total, providing that the employee was employed for a period of one calendar year or more in the district where employment was terminated, that the employee terminates such employment for the sole purpose of accepting a position in another school district, and that the employee accepts the new position within thirty (30) days of termination of his or her former employment. Payroll and/or Human Resources personnel will assist in the transfer. (Education Code 88202) Family Medical Leave: Employees who have one year of continuous service are entitled to up to twelve weeks of family medical leave of absence in a one-year period for: a. b. c. d. e. Birth of the employee's child or placement of a child with the employee for adoption or for foster care; To care for a parent, child, spouse, or domestic partner with a serious health condition, or; For the employee's own serious health condition, including pregnancy and prenatal care. Military Family Leave Entitlements to certain qualifying exigencies as identified in the Family and Medical Leave Act (29 U.S.C 2601) To care for a covered service member who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. Employees who receive district-paid health insurance will continue to receive it during periods of leave. Eligibility for leave and requirements for advance notification to the district when a College Council 2/2/2015 Page 57 leave is necessary are controlled by the provisions of federal and state law. In the event of conflict between the controlling statutes and/or the provisions of this procedure, the provision which provides the greater benefit to the employee shall prevail. Family medical leave will run concurrently with sick or annual leave used. The employee is required to use all accumulated paid leave available before going into unpaid-leave status during the 12-week family-medicalleave period, including medical leave if the leave is being requested due to the employee's own illness. If the employee fails to return from leave or fails to complete a period of employment following his or her return that is at least as long as the duration of the leave, the district will require the employee to reimburse the district for the premiums that were paid. Personal Necessity: Up to seven (7) days of absence for illness may be used and shall be charged to accumulated or extended sick leave for 1) death of immediate family member beyond that available on bereavement leave, 2) accident to self or family member (Education Code 87784), or 3) court appearance as party or witness (Education Code 87035). An additional six (6) days of absence for illness may be used to attend to an illness of a child, stepchild, parent, stepparent, domestic partner, or spouse of the employee. Temporary Disability Leave (Maternity): Employees of the district shall be provided leave of absence from duty when absence is caused by pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee's medical advisor. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary-disability insurance or sick-leave plan available in connection with employment by the district. The employee shall provide the Human Resources Office with a statement from the attending medical advisor verifying the need for such disability leave prior to the requested leave date. An extension of such leave must be supported by a statement of need by a physician. The employee shall return to work following a statement of release by said physician. Bereavement: Necessary leave of absence, not to exceed three days, or five days if out-of-state travel or travel in excess of 350 miles one way is required, may be granted on account of the death of any member of the immediate family. Members of the immediate family include the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee; and the mother’s or father’s spouse or domestic partner, spouse or domestic partner, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee; and the spouse or domestic partner’s son, son-in-law, daughter, daughter-in-law, brother, or sister; or any person living in the immediate household of the employee (Education Code 87788, 88194). Jury Duty: Employees called for jury duty or to serve as a witness when subpoenaed shall receive their daily or monthly salary during the period of service, less such remuneration as they shall receive for their service. (Education Code 87035) College Council 2/2/2015 Page 58 Personal Leave: Personal leave of absence without pay or benefits may be granted by the Board of Trustees for 1) education, academic advancement, or study; 2) personal reasons; or 3) travel. (Education Codes 88190, 88198) Reference: Education Code Sections 87763 et seq.; 88190 et seq.; Labor Code Section 234; and above citations. 29 U.S.C. 2601 1/4/05 Formerly Administrative Regulation # 313.01: “Administrator’s Vacation;” Adopted by Board of Trustees: January 11, 1993 Formerly Administrative Regulation #435.01: “Classified Manager’s Vacation;” Adopted by Board of Trustees: January 11, 1993; Amended: October 4, 1993 Formerly Administrative Regulation #438.01; “Confidential Employees’ Vacation;” Adopted by Board of Trustees: January 11, 1993; Amended: October 4, 1993 College Council 2/2/2015 Page 59 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7162 Number Update only from Board of Trustees Policy No. 417 [RECOMMEND SUNSET] PROMOTION (Recommend sunset because this item is outlined in the collective bargaining agreement) When a classified employee is reassigned to a position with a higher classification, the employee shall be placed on the new salary classification at a level which provides for a salary increase that is not less than the next higher step in his/her present classification. Former Board of Trustees Policy No. 417, number change only on August 7, 2012 Adopted by Board of Trustees: September 19, 1977 College Council 2/2/2015 Page 60 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy AP 7163 Number Update only from Board of Trustees Policy No. 339 [RECOMMEND SUNSET] PROFESSIONAL STAFF DEVELOPMENT LEAVES (Recommend sunset because this item has been incorporated into AP 7160, Professional Development) INTRODUCTION: Professional leaves for Administrative, Management, and Confidential Management employees shall be for the purpose of improving professional capabilities and knowledge, thereby enhancing the potential for contribution to College of the Redwoods. Such leaves may be used for activities such as visiting other colleges, attending classes, research/writing for publication, going to extended conferences, etc. A. Length of Leave: Employees may combine 40 working days paid management leave with unused vacation time to permit a maximum leave of 80 working days with administrative approval. B. Eligibility: To be eligible for professional leave, the applicant must have completed four or more years of full-time or part-time permanent employment with College of the Redwoods in a management position. An employee may participate in such a leave no more than once every four years. C. Applications for Professional Leave: Persons who wish to apply for professional leave must submit their applications for leave through established administrative channels at least three full months in advance of the proposed leave. Requests must be in writing and contain full documentation of the manager's plans and qualifications for professional leave, and how the leave will benefit the college. D. Granting Leaves: The decision to grant a professional leave to an eligible candidate rests with the Board of Trustees, based upon the recommendation of the President. The decision shall take into consideration all cost factors for the leave. All management leaves will be scheduled at the convenience of the District and in a manner which normally will preclude the need for a replacement. However, a $1,000 annual account will be established to cover necessary costs. E. Written Report: Recipients of a professional leave must submit to the President, through established administrative channels, a comprehensive written report concerning professional leave activities within 60 calendar days after returning from leave. Former Board of Trustees Policy No. 339, number change only on August 7, 2012 Adopted by Board of Trustees: August 1, 1988 College Council 2/2/2015 Page 61 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7241 Number Update only from Board of Trustees Policy No. 439 [RECOMMEND SUNSET] CONFIDENTIAL STAFF PROBATIONARY PERIOD (Recommend sunset because this item has been incorporated into BP 7240, Confidential Employees.) The probationary period for all confidential staff shall be six months. Former Board of Trustees Policy No. 439, number change only on August 7, 2012 Adopted by Board of Trustees: January 11, 1993 College Council 2/2/2015 Page 62 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7243 Number Update only from Board of Trustees Policy No. 341 [RECOMMEND SUNSET] RELEASE TIME FOR CONFIDENTIAL STAFF Confidential employees will be provided with three hours of release time per week to participate in professional development directly related to their position and work activity. (Recommend sunset because this item has been incorporated into AP 7160, Professional Development.) Former Board of Trustees Policy No. 341, number change only on August 7, 2012 Adopted by Board of Trustees: October 7, 1985 College Council 2/2/2015 Page 63 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 7511 Number Update only from Board of Trustees Policy No. 343/440 [RECOMMEND SUNSET] CONSENSUAL RELATIONSHIPS (Recommend sunset because this item has been incorporated into AP 3430, Prohibition of Harassment, as required by law.) Professional and ethical conduct is expected of all academic employees. When disparities in power are present between two individuals, such as an instructor and a student, the extent to which mutuality of consent to a personal relationship is voluntary may be questioned. Because amorous relationships may undermine the real or perceived integrity of the supervision and evaluation provided and the trust inherent in the College's relationship with the student, 1. Amorous relationships between a faculty member, administrator or other employee, and a student enrolled in his or her class, or otherwise subject to his or her evaluation or supervision, shall constitute unapproved conduct which may be determined to be unprofessional conduct. Class enrollment of spouses or other persons in pre-existing amorous relationships with the faculty member may be authorized by the Division Dean, provided it is understood that the Dean shall have the right to review the student's work and grade upon request and in the case of other employees, by the President, under the provisions of Board policy 332/424, "Employment of Relatives." 2. Faculty are directed by this policy to avoid participating in amorous relationships with students enrolled in their classes or subject to their evaluation or supervision. 3. Faculty are advised to consider potential conflicts resulting from amorous relationships with students enrolled in and working within the same academic discipline. Members of the college community who believe themselves to be affected adversely by violation of this policy may initiate a complaint in the following manner: Faculty 1. The complaint shall be initiated with the Vice President of Academic Affairs or Campus Dean. 2. The Administrator receiving the complaint shall request an investigation by the Academic Senate Professional Relations Committee, which will interview the persons involved. 3. If the Academic Senate Executive Committee finds the need for further review, this committee will interview the persons involved and respectively submit its findings and College Council 2/2/2015 Page 64 resolutions to the President, who shall report the matter to the Board for information or final action. Administrator or Other 1. The complaint shall be initiated with the Director of Human Resources, who shall investigate and interview the persons involved. 2. The findings and recommendations shall be forwarded to the President, who shall report the matter to the Board for information or final action. Former Board of Trustees Policy No. 343/440, number change only on August 7, 2012 Adopted by Board of Trustees: March 7, 1994 College Council 2/2/2015 Page 65 REDWOODS COMMUNITY COLLEGE DISTRICT Interim Administrative Procedure Interim AP 3507 FIRE SAFETY In the event of a fire, all campus community members should evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is present) as they leave. Once safely outside a building, it is appropriate to contact 911 and the Department of Public Safety. Students and/or staff are informed where to relocate by staff if circumstance warrants at the time of the alarm. In the event fire alarms sound, all occupants must evacuate from the building, closing doors as they leave. No training is provided to students or employees in firefighting or suppression activity as this is inherently dangerous and each community member’s only duty is to exit safely and quickly, shutting doors along the exit path as they go to contain the spread of flames and smoke, and to activate the alarm as they exit. At no time should the closing of doors or the activation of the alarm delay the exit from the building. 1.0 Procedures for Student Housing Evacuation in the Event of a Fire In the event of a fire, follow the residential life fire protocol: 1.1 Immediately pull the nearest fire alarm pull station as you exit the building. 1.2 When evacuating the building, be sure to feel doors for heat before opening them to be sure there is no fire danger on the other side. 1.3 If there is smoke in the air, stay low to the ground, especially your head, to reduce inhalation exposure. 1.4 Keep one hand on the wall to prevent disorientation and crawl to the nearest exit. 1.5 Once away and clear from danger, call your report contact and inform them of the fire. 1.6 Go to your refuge area and await further instructions from emergency personnel. Note: Resident staff will not go into every room to search for individuals. In order to ensure that the proper authorities are notified of a fire, when the opportunity arises once you are safe from imminent danger, call any of the following: Emergency Notification System 911 CR Security Emergency (707) 476-4111/4112 Eureka Sheriff (707) 455-7251 CR Residential Life Reception Desk (707) 476-4294 Located on the back of each dormitory room door is an Emergency Information Card. This card provides residents and visitors with important safety and evacuation information. 1 College Council 2/2/2015 Page 66 See also Administrative Procedure 3505 – Emergency Response Plan. 2.0 Fire Safety Education and Training Fire/Emergency Evacuation Drills will be conducted each semester. Full cooperation during these drills is required and failure to do so is a violation of the fire code. Prior to the beginning of each semester, the Housing Department, in coordination with the Humboldt Bay Fire Department, shall conduct a training program in which Housing staff are taught basic protocols for fires, drills, evacuations, first response, fire extinguisher use, and emergency management. Fire safety education programs for all students living in on-campus student housing and all employees that have any association with on-campus student housing are held at the beginning of each semester. These programs are designed to: familiarize everyone with the fire safety system in each housing facility, train everyone on the procedures to be followed in case there is a fire and distribute information on the College’s fire safety protocols. Everyone is also provided with maps of each on-campus student housing facility that illustrate evacuation routes. During these programs, trainers emphasize that participating in fire drills is mandatory. Fire safety education and training programs are taught by local fire authorities as well as the Director of Student Life who is experienced in fire safety matters. If a fire occurs, students are instructed to leave hazardous areas per the evacuation routes and get to a predetermined location before calling 911 for help. They are to remain in that location so that the Director of Residential Life or someone from the Student Housing Office has documented that the student has left the building. Resident Assistants are instructed to pull the fire alarm as they are leaving the building if they can do so without risking their safety. 3.0 Fire Safety Rules Burning candles and/or having any open flame in the Residence Halls is prohibited at all times. Any candle found with a burnt wick will be confiscated. Incense burning is not allowed in the residential buildings. Flammable liquids, including gasoline or charcoal starter, may not be stored in any Residence Hall facility. Any behavior which endangers the safety of residents or facilities is strictly prohibited. Appliances such as clocks, radios, lamps, personal computers, stereos, televisions, etc., are permitted to be used in the student rooms and public areas of the facilities at any time, provided that the resident ensures that the wiring of such appliances is safe, that the appliances are turned off when not in use, and that requests from other residents/ staff regarding noise from such appliances are respected. The only other appliances that may be used in student rooms are electric coffee pots, popcorn poppers, small refrigerators (under 4 cubic feet) and microwaves. Students are required to use power strips with surge protectors instead of extension cords to protect the student’s equipment 2 College Council 2/2/2015 Page 67 during power outages and for fire safety. No more than two power surge strips may be used per room. Appliances such as electric frying pans, toasters, Coleman stoves, toaster ovens, irons, and any items with an exposed heating element are prohibited in the Residence Halls at all times. Space heaters and other heat producing appliances are fire safety threats and prohibited in the halls at all times. Residents overloading the electrical system may be charged for the Maintenance Department’s repair time and may be asked to remove excessive or oversized equipment for fire safety reasons. Any room decorations which create a fire hazard, hang from the ceiling, block fire detection units, facilitate ignition, or create dangerous barricades must be removed. No full size sofas will be allowed in a resident’s room. They are deemed a fire hazard. Smoke detectors must be visible from the front door into each dormitory room. Storage of any items in hallways outside of rooms is not permitted in the event of a need for Resident Hall evacuation. Any behavior which endangers the safety of residents or facilities is strictly prohibited. Doors to the rooms in Del Norte Hall must remain closed at all times due to State Fire Code. Smoking is prohibited in the interior areas of the Residence Halls buildings at all times. This includes dormitory rooms, the common areas, recreation areas, the computer room, and hallways. The Residence Halls have designated one smoking area around the Residence Halls: the Upper Parking Lot. The College has restricted smoking to designated areas only. Students found in violation of the Smoking Policy will be removed from the Residence Halls and will still be financially responsible for the Residence Hall contract. Public barbecue areas are provided for student use. Barbecues may be used only outside a 50 foot radius from the Residence Hall buildings and if reasonable fire safety precautions are used. Residents assume responsibility for any damages or problems caused as a result of this activity. Driving on service roads around buildings is permitted only by District staff, and parking on service roads around buildings is limited to a 30 minute loading/unloading time. Unattended vehicles will be ticketed. Fire and safety equipment is installed in the Residence Halls for emergency use only. Tampering with such equipment including pull stations, fire extinguishers, fire hoses, smoke detectors, alarm horns and bells, or any other items is a threat to life and safety and is strictly prohibited at all times. Violations of this will result in severe judicial action which may include removal from the Residence Hall and/or discipline up to and including expulsion from the District. Causing false alarms may also be grounds for removal. Fines for false alarms will be charged directly to the student(s) responsible. Residents are required to vacate the facilities in the event of a fire alarm. Failure to do so is a violation of state law. Residents are also required to vacate the facilities when directed to do so by a staff member (in the event of other emergencies). Failure to evacuate when the fire alarm is 3 College Council 2/2/2015 Page 68 sounded or asked to do so by College staff, due to other emergency situations may result in disciplinary action which could lead to removal from the Residence Halls. The District conducts safety checks of all dormitory rooms each time the facilities are closed for breaks, and mid-semester in the fall and spring. These breaks occur at Winter Break and Spring Break. District staff enters each room to see that the proper items are unplugged and there is no potential fire or safety hazard present. A closing memo is sent out before each break period instructing residents of what must be unplugged in the room and how the room should be left for the closure. The Director of Housing reserves the right to enter any room at any time where a health and safety concern may be an issue. 4.0 Annual Fire Safety Report The District shall annually collect and distribute fire statistics. The District shall publish an Annual Fire Safety Report every year by October 1 that contains fire statistics for each oncampus student housing facility for the previous three years. The Annual Fire Safety Report shall also include: a description of each on-campus student housing facility fire safety system; the number of fire drills held the previous calendar year; District policies or rules on portable electrical appliances, smoking, and open flames in student housing; District procedures for student housing evacuation in the case of a fire; policies regarding fire safety education and training programs provided to students and employees, including procedures students and employees should follow in case of a fire; a list of titles of each person or department to which students or employees should report a fire; and any plans for future improvements in fire safety that are determined necessary by the District. The District shall make the report available to all current students and employees. Each year, an email notification is made to all enrolled students, faculty, and staff that provides the website link to access the Annual Fire Safety Report. The Annual Fire Safety Report can be located on the District’s website at www.redwoods.edu/safety/Clery.asp. A hardcopy of the report is available from the Public Safety Department upon request. A partial version of this report is located in the College catalog. The District will provide prospective students with a copy of the Annual Fire Safety Report upon request. Prospective employees may obtain a copy from Human Resources in SS 207 or by calling (707) 476-4140, and the website address will be included in all District employment applications. The District will submit these fire statistics to the U.S. Department of Education as required. 5.0 Fire Log The Public Safety Department maintains a fire log to record, by the date that the fire was reported, any fire that occurred in an on-campus student housing facility. The fire log includes: the date the fire was reported; the date and time the fire occurred; the nature of the fire; and the general location of the fire. All entries or additions to entries will be recorded within two business days of the information being reported to the Public Safety Department. The fire log for the most recent 60 day period is available upon request at the Public Safety Department office during business hours. Any portion of the fire log older than 60 days will be available within two business days of a request for public inspection. 4 College Council 2/2/2015 Page 69 If a fire is occurring, dial 911 immediately to make a report. After a fire has been extinguished and it is no longer an emergency situation, District students, employees, and other members of the campus community should report any fire occurrence in on-campus housing to the Public Safety Department for inclusion in the fire log and the Annual Fire Safety Report. Fires may be reported to the Public Safety Department at any time by dialing extension 4111 from any campus courtesy or office phone, or by dialing (707) 476-4111 from any pay phone or off-campus phone. A person may also visit the Public Safety Office on the Eureka Campus on the lower level of the Redwoods Business Complex-A (Old Administration Building). In addition, a non-emergency fire may be reported to the following positions that are identified as campus security authorities: Campus Safety: o Director of Public Safety, (707) 476-4331 o Any Public Safety Officer, (707) 476-4112 Associated Students of College of the Redwoods Advisor, (707) 476-4540 Athletic Department: o Dean of Athletics, (707) 476-4242 o Any Athletics staff member College of the Redwoods Deans/Directors: o Dean, Career Technical Education (CTE), (707) 476-4341 o Dean, Athletics, Physical Education, Health Occupations, Addiction Studies, Child Development Center, Early Childhood Education, Administration of Justice, (707) 476-4242 o Dean, Mathematics, Sciences, Behavioral & Social Sciences, (707) 476-4211 o Dean, Arts & Humanities, (707) 476-4559 o Director, Del Norte Campus, (707) 465-2310 o Director, Emergency Response Training Center (includes AJ), (707) 476-4331 o Director, Health Occupations (Nursing, Dental), (707) 476-4236 o Director of Human Resources, (707) 476-4144 o Director of Residential Life, (707) 476-4398 Any Resident Assistant, (707) 476-4294 Vice President of Instruction and Student Development, (707) 476-4109 These campus security authorities will report the fire to the Public Safety Department. In reporting a fire, students, employees, or members of the District community should include as much information as possible about the location, date, time, and cause of the fire. Reference: 34 CFR § 668.49 Approved: Interim AP approved by President/Superintendent – 1/21/15 5 College Council 2/2/2015 Page 70 REDWOODS COMMUNITY COLLEGE DISTRICT Interim Administrative Procedure Interim AP 3520 LOCAL LAW ENFORCEMENT The Manager and Director of Public Safety maintain a close working relationship with the Humboldt County Sheriff’s Office, the Del Norte County Sheriff’s Office and the Eureka Police Department. The Public Safety Department occasionally works with other law enforcement agencies in Humboldt and Del Norte Counties. Meetings may be held between the leaders of these agencies on both a formal and informal basis. The Public Safety Department and local law enforcement agencies communicate regularly at the scene of incidents that occur in and around the campus area. When incidents arise that require joint investigative efforts, resources, crime related reports and exchanges of information, the Public Safety Department works closely with the appropriate law enforcement agencies. The District has interagency protocol agreements with the Humboldt County Sheriff’s Office (Eureka campus and Klamath-Trinity Instructional Site), Eureka Police Department (Eureka Downtown Campus), the Del Norte County Sheriff’s Office (Del Norte Campus), and the Arcata and Fortuna Police Departments (non-campus locations) to clarify agency jurisdiction and response responsibility. Public Safety Department officers do not possess arrest power as they are not sworn peace officers. The Department of Public Safety refers criminal incidents to the local law enforcement agency with jurisdiction. Public Safety Department officers have non-sworn peace officer duties, including but not limited to the authority to ask persons for identification and to determine whether individuals have lawful business at College of the Redwoods. The Public Safety Department has authority under the laws of Citizens Arrest (Penal Codes 834 and 837) and the District Board of Trustees to provide safety for persons and property on campus, respond to emergency situations, assist in medical emergencies and other related safety needs, as well as enforce campus parking regulations. The District encourages the prompt reporting of crimes and suspicious activity to the Public Safety Department or local law enforcement. Crimes should be reported to the Public Safety Department to ensure inclusion in the annual crime statistics and to aid in providing timely warning notices to the community, when appropriate. Campus “Professional Counselors” are encouraged if and when they deem it appropriate to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. A “Professional Counselor” for purposes of this process is an employee of the District whose official responsibilities include providing psychological counseling to District employees and students and who is functioning within the scope of his or her license or certification. For more information on crime reporting, see Board Policy 3515 and Administrative Procedure 3515. Reference: Education Code §§ 67381, 72330.5; Penal Code §§ 834, 837; 34 CFR § 668.46 Approved: Interim AP approved by President/Superintendent – 1/21/15 1 College Council 2/2/2015 Page 71 REDWOODS COMMUNITY COLLEGE DISTRICT Interim Administrative Procedure Interim AP 3540 SEXUAL AND OTHER ASSAULTS ON CAMPUS Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District’s facilities or at another location, or on an off-campus site or facility maintained by the District, or on grounds or facilities maintained by a student organization, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. (See also AP 5500 Standards of Student Conduct.) The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described in AP 3435, regardless of whether a complaint is filed with local law enforcement. 1.0 Title IX Coordinator Title IX of the Education Amendments of 1972 prohibits gender discrimination, including sexual violence. The District’s Title IX Coordinator is its Director of Human Resources, who is responsible for managing the District’s Title IX compliance program, including coordinating the investigation of allegations of gender discrimination and addressing problems revealed by such allegations or investigations. Allegations of gender discrimination or sexual misconduct may be filed with the District’s Title IX Coordinator. The Title IX Coordinator can be contacted by telephone at (707) 476-4140, or by mail at: Office of Human Resources College of the Redwoods 7351 Tompkins Hill Rd Eureka, CA 95501-9300 Attn: Director of Human Resources/Title IX Coordinator Student allegations of gender discrimination may also be filed with: The U.S. Department of Education, Office for Civil Rights (OCR), www2.ed.gov/ocr, or The Chancellor of the California Community Colleges, www.cccco.edu California Community Colleges, 1102 Q Street, Sacramento, CA 95811-6549, Attention: Legal Affairs Division College Council 2/2/2015 Page 72 Employee allegations of gender discrimination may also be filed with the Equal Employment Opportunities Commission (www.eeoc.gov) or with the California Department of Fair Employment and Housing (www.dfeh.gov). The Director of Human Resources is also the District officer responsible for receiving discrimination complaints filed pursuant to Title 5 of the California Code of Regulations, sections 59300 et seq. 2.0 Educational Programs to Promote the Awareness of Sexual Misconduct, Including Dating Violence, Domestic Violence, Sexual Assaults and Stalking The Title IX Coordinator shall: 2.1 Provide, as part of each campus’ established on-campus orientation program, education and prevention information about domestic violence, dating violence, sexual assault, and stalking. The information shall include the District’s sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. 2.2 Post sexual violence prevention and education information on the campus internet website regarding domestic violence, dating violence, sexual assault and stalking. Reference: 34 CFR 668.46(a), 34 CFR 668.46(b)(11)(i), 34 CFR 668.46(j); Education Code section 67386.7(a)(2) 3.0 Information Regarding Crimes of Sexual Assault All alleged victims of domestic violence, dating violence, sexual assault, or stalking on District property shall be kept informed, through the Office of Human Resources, of any ongoing investigation. Information shall include the status of any student or employee disciplinary proceedings or appeal. Alleged victims of domestic violence, dating violence, sexual assault, or stalking are required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality. Additionally, the Annual Security Report will include a statement regarding the District’s programs to prevent sex offenses and procedures that should be followed after a sex offense occurs. The statement shall include the following: 3.1 A description of educational programs to promote the awareness of rape, acquaintance rape, other forcible and non-forcible sex offenses, domestic violence, dating violence, or stalking; 3.2 Procedures to follow if a domestic violence, dating violence, sex offense, or stalking occurs, including who should be contacted, the importance of preserving evidence to prove a criminal offense, and to whom the alleged offense should be reported; 3.3 Information on a student’s right to notify appropriate law enforcement authorities, including on-campus and local police, and a statement that campus personnel will assist the student in notifying these authorities, if the student so requests; College Council 2/2/2015 Page 73 3.4 Information for students about existing on- and off-campus counseling, mental health, or other student services for victims of sex offenses; 3.5 Notice to students that the campus will change a victim’s academic situation after an alleged domestic violence, dating violence, sex offense, or stalking and of the options for those changes, if those changes are requested by the victim and are reasonably available; 3.6 Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sex offense, or stalking including a clear statement that: 3.6.1 The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and 3.6.2 Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged sex offense. Compliance with this paragraph does not violate the Family Educational Rights and Privacy Act. For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and any sanction that is imposed against the accused. 3.7 A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking. Reference: 34 CFR 668.46(b)(11)(ii) 4.0 Confidentiality In an effort to encourage access to support services after an unwanted sexual experience, the District shall maintain the identity of any alleged victim, witness, or third-party reporter of domestic violence, dating violence, sexual assault, or stalking on District property, in confidence unless the alleged victim, witness, or third-party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults, or stalking on District property shall be referred to the District's Office of the President, which shall work with the Office of Human Resources to assure that all confidentiality rights are maintained. Reference: 34 CFR 668.46(b)(11)(iii); Education Code section 67386(b)(1) 5.0 Crisis Resources All students, faculty members or staff members who allege they are the victims of domestic violence, dating violence, sexual assault or stalking on District property shall be provided with information regarding options and assistance available to them. Information shall be available from the Office of Human Resources, which shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the Title IX Coordinator is authorized to release such information. Reference: 34 CFR 668.46(b)(11)(iv) and Education Code 67386(c) College Council 2/2/2015 Page 74 6.0 Victim Assistance If reasonably available, the District may change a victim’s academic, learning, or employment situation in response to sexual misconduct. Reference: 34 CFR 668.46(b)(11)(v) 7.0 Disciplinary Options 7.1 A complainant or witness who participates in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic honesty. In the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: 7.1.1 The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. 7.1.2 The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. 7.2 In the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: 7.2.1 The complainant was asleep or unconscious. 7.2.2 The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. 7.2.3 The complainant was unable to communicate due to a mental or physical condition. The standard used to determine whether the elements of a complaint against an accused have been demonstrated is the preponderance of the evidence. Reference: 34 CFR 668.46(b)(11)(vi) 8.0 Rights and Options for Victims The Title IX Coordinator shall provide all alleged victims of domestic violence, dating violence, sexual assault or stalking with the following: College Council 2/2/2015 Page 75 8.1 8.2 8.3 8.4 8.5 A copy of the District's policy and procedure regarding domestic violence, dating violence, sexual assault or stalking; A list of personnel on campus who should be notified and procedures for such notification, if the alleged victim consents, including but not limited to: 8.2.1 The Title IX Coordinator or designee, 8.2.2 Personnel designated as confidential employees in the Office of Human Resources, 8.2.3 The President/Superintendent or personnel designated as confidential employees in the Office of the President, 8.2.4 Security personnel, 8.2.5 District-designated medical providers, and 8.2.6 The Vice President of Instruction & Student Development; Information about the importance of preserving evidence and the identification and location of witnesses; A description of available services, and the persons on campus available to provide those services if requested. Services and those responsible for provided or arranging them include: 8.4.1 transportation to a hospital, if necessary; (Security Office) 8.4.2 referral to a counseling center; (Office of Human Resources) 8.4.3 notice to the police, if desired; (Security Office) 8.4.4 a list of other available campus resources or appropriate off-campus resources. (Office of Human Resources) A description of each of the following procedures: 8.5.1 criminal prosecution; 8.5.2 civil prosecution (i.e., lawsuit); 8.5.3 District disciplinary procedures, both student and employee; 8.5.4 modification of class schedules; and 8.5.5 tutoring, if necessary. The Title IX Coordinator or designee may provide assistance to District personnel regarding how to respond appropriately to reports of sexual violence. Reference: 34 CFR 668.46(b)(11)(vii), 34 CFR 668.46(b)(v) 9.0 Affirmative Consent Consent is an affirmative, unambiguous, conscious and voluntary decision by each participant to engage in mutually agreed-upon sexual activity. Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will. Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately. Consent cannot be given when a College Council 2/2/2015 Page 76 person is incapacitated. A person cannot consent if he or she is unconscious or coming in and out of consciousness. A person cannot consent if he or she is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment. In the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent by a complainant that the accused believed that the complainant consented to sexual activity under either of the following circumstances: (1) the accused’s belief in affirmative consent arose from the intoxication or recklessness of the complainant or (2) the accused did not take reasonable steps, in the circumstances known to the accused at the time of the alleged incident, to ascertain whether the complainant affirmatively consented. Similarly, it shall not be a valid excuse that the accused believed the complainant affirmatively consented to sexual activity if the accused knew or should have known that the complainant could not give affirmative consent because the complainant was (1) asleep or unconscious, (2) was incapacitated due to the influence or drugs, alcohol, or medication or that the complainant could not understand the fact, nature, or extent of the sexual activity, or (3) was unable to communicate due to a mental or physical condition. Reference: Education Code section 67386 10.0 Definitions Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Reference: 34 CFR 668.46(a) Domestic violence: a felony or misdemeanor crime of violence committed by a spouse or former spouse or intimate or domestic partner, cohabitant or former cohabitant of the victim, or someone with whom the accused shares a child, has an existing dating or engagement relationship, or has had a former dating or engagement relationship, or abuse perpetrated against any persons described in Family Code, section 6211. Reference: 34 CFR 668.46(a); Family Code, section 6211 Sexual assault: sexual activity without the consent of the other person or when the other person is unable to consent to the activity. The activity may include physical force, violence, threats, intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Sexual assault includes, but is not limited to fondling, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, incest, statutory rape, or threat of sexual assault. Sexual assault includes any of the crimes set forth in Penal Code sections 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4. College Council 2/2/2015 Page 77 Reference: 34 CFR 668.46(a); Education Code section 67385(d); Labor Code section 230.1 Sexual misconduct: Sexual misconduct includes discrimination based on gender, sexual harassment, dating violence, domestic violence, sexual assault, stalking, sexual violence, sexual coercion, and hate crimes based on gender. Stalking: a course of conduct in which a person repeatedly engages in actions directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others or causes substantial emotional distress. A course of conduct means two or more acts, including, but not limited to acts in which the stalker directly, indirectly, or through third parties by any method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a victim, or interferes with the property of the victim. Stalking includes the conduct described in Penal Code, section 646.9. Reference: 34 CFR 668.46(a); Penal Code section 646.9 References: Education Code Sections 67382, 67385, and 67386; 20 U.S. Code Section 1092(f); 34 Code of Federal Regulations Section 668.46(b)(11) Approved: Interim AP approved by President/Superintendent – 1/21/15 College Council 2/2/2015 Page 78 REDWOODS COMMUNITY COLLEGE DISTRICT Interim Administrative Procedure Interim AP 5502 STUDENT SEXUAL MISCONDUCT, INCLUDING SEXUAL VIOLENCE 1.0 Introduction The Redwoods Community College District is committed to creating and maintaining an educational community where all individuals who participate in District programs and activities can work and learn together in an atmosphere free of unlawful discrimination, harassment, exploitation, or intimidation. Board Policy 5500 prohibits student conduct that constitutes gender discrimination, sexual harassment, sexual assault and sexual misconduct as defined herein. The District is committed to preventing student sexual misconduct from occurring or recurring, to responding to reports or complaints about prohibited student sexual misconduct by taking prompt and effective steps to end student sexual misconduct, to eliminating hostile educational environments, and to providing remedies if improper conduct is found to have occurred. The District will respond promptly and effectively to reports of unlawful student gender discrimination, sexual harassment, sexual assault and sexual misconduct, and when necessary will discipline student behavior that violates BP 5500 related to gender discrimination, sexual harassment, sexual assault and sexual misconduct. Student conduct that constitutes such prohibited behaviors may lead to discipline, up to and including expulsion from the District. Such conduct may also lead to criminal prosecution. When any student is suspended or expelled following a hearing for disrupting the orderly operation of a District campus or facility, or both, the student shall also be denied access to the campus or facility, or both, for a period of one year or the term of the suspension, whichever is shorter. 2.0 Scope and Timeliness This process is intended to provide prompt and equitable means to respond to allegations of student unlawful gender discrimination, sexual harassment and assault, and sexual misconduct in accordance with federal and state due process requirements. This process is intended to comply with Title IX of the Education Amendments of 1972 which is a federal civil rights law that prohibits discrimination on the basis of gender in the District’s educational programs and activities, including all District classes and services and in its residence program. All procedures, from initial investigation to a final disciplinary result, are intended to be prompt, fair, and impartial. Allegations of student sexual misconduct are subject to this procedure. Allegations or complaints may be filed by students or others affected by student sexual misconduct, or by others on their behalf. If the District receives a credible report of sexual misconduct against a student(s), it will investigate even in the absence of an allegation or complaint from an individual. 1 College Council 2/2/2015 Page 79 Any allegation or complaint subject to this process must be presented to the District within one year of the date of the alleged misconduct or within one year of the date on which the Affected Party knew or should have known of the facts underlying the allegations of misconduct. Although specific timeframes are identified in these processes, any of the timeframes may be extended by the District for good cause upon written notice to the Affected Party and the Responding Student, providing such notice includes the reason(s) for the extension. Alleged sexual misconduct will be evaluated from the perspective of a reasonable person in the Affected Party’s position, considering all the circumstances. This administrative procedure is not intended to substitute for criminal or civil complaints that may be initiated simultaneously. This administrative procedure is specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code sections 66301 and 76120, and will not be used to punish protected expression. 3.0 Title IX Coordinator The District’s Title IX Coordinator is its Director of Human Resources who is responsible for managing the District’s Title IX compliance, including coordinating the investigation of allegations of sexual misconduct and addressing problems revealed by such allegations or investigations. Questions regarding gender discrimination and sexual misconduct can be directed to the Title IX Coordinator or to the United States Department of Education, Office for Civil Rights (OCR) (www2.ed.gov/about/offices/list/ocr/index.html). Allegations of gender discrimination or sexual misconduct by students may be filed with the District’s Title IX Coordinator. Such allegations may also be filed with the OCR or with the Chancellor of the California Community Colleges at www.cccco.edu or Chancellor’s Office, California Community Colleges, 1102 Q Street, Sacramento, CA 95811-6549, Attention: Legal Affairs Division. The Office of the Title IX Coordinator is located at 7351 Tompkins Hill Road, Eureka, CA 95501 and can be contacted at (707) 476-4140. District employees who have information regarding sexual misconduct against a student(s) should immediately contact the Title IX Coordinator. The District may identify appropriate employees as confidential sources to whom students may report sexual misconduct. Such employees may notify the Title IX Coordinator of reported incidents of sexual misconduct in a way that does not identify the victim, unless the victim provides consent for such disclosures. Confidentiality considerations are more fully described at Section 5.0 below. 2 College Council 2/2/2015 Page 80 Resident assistants in the District’s student residential facilities are required to report incidents of student sexual misconduct among students to the Title IX Coordinator. The Title IX Coordinator may assign the internal investigation of allegations of student sexual misconduct for purposes of determining a violation of District policies potentially affecting student discipline to other staff or to outside persons or organizations under contract with the District. At any time in the investigative or disciplinary processes, the Title IX Coordinator may take appropriate interim measures to protect an Affected Party from alleged sexual misconduct, including, but not limited to changing class schedules, living arrangements, or providing specific supportive services. 4.0 General Student Rights The District will widely distribute information about resources that are available to Affected Parties, including information about victim advocacy, housing assistance, academic and counseling support, disability and/or mental health services, and the right to file a police report. The Affected Party and the Responding Student may each choose an advisor to be present during investigative and disciplinary processes to provide support, guidance, or advice. The District may remove or dismiss any advisor who becomes disruptive or who does not abide by the restrictions on his/her participation. Advisors may not be present in the absence of their advisees. The District ensures that the Responding Student is given due process. Both parties will be notified of the final results of the complaint and of any disciplinary action taken to the extent permitted by applicable law. In accordance with California law, no student may be removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or college attendance. The standard of review for the disciplinary process is a preponderance of the evidence, meaning that it is more likely than not that the alleged misconduct occurred. 5.0 Confidentiality and Encouragement of Reporting The District preserves individual privacy and the confidentiality of sensitive information to the extent reasonable and appropriate, recognizing that it cannot ensure that reported information can be completely protected from disclosure. If an Affected Party requests that his/her allegations of student sexual misconduct be confidential, the District may be limited in its ability to respond to such allegations. In such cases, the District’s ability to investigate, to take remedial actions, or to take disciplinary action against a Responding Student may be impeded. Although the District seriously considers requests for confidentiality, it must consider such requests in light of its obligations to provide a nondiscriminatory environment and District safety concerns. 3 College Council 2/2/2015 Page 81 The Title IX Coordinator, or designee, shall advise Affected Parties about requesting confidentiality from the District and evaluate such requests. The Title IX Coordinator shall ensure that employees who are required to report student sexual misconduct are trained in advising students about confidential reporting. Students are encouraged to report conduct that they, in good faith, believe violates the Standards of Conduct. An Affected Party or witness to alleged student sexual misconduct will not be subject to disciplinary sanctions for a violation of the District’s student conduct rules at or near the time of the alleged incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. The District’s program of supportive services shall identify options for Affected Parties to maintain confidentiality. These options shall include resources where students can report sexual misconduct confidentially to individuals who are not required to notify the Title IX Coordinator. The options shall also include reporting that an incident has occurred without revealing personally identifying information. 6.0 Retaliation It is unlawful under Title IX and California law for anyone to retaliate against persons who file unlawful discrimination or sexual misconduct allegations or complaints, who refer a matter for investigation, or who participate in an investigative or disciplinary process. Retaliation may include, but is not limited to intimidating, threatening, coercive, or discriminatory behavior. Persons who engage in retaliatory conduct are subject to discipline. 7.0 Definitions Affected Party: the student(s), employee(s), or other person(s) who is the victim of alleged student sexual misconduct. Appeal: a challenge to findings or disciplinary recommendations resulting from a student disciplinary hearing. Consent: Consent is an affirmative, unambiguous, conscious and voluntary decision by each participant to engage in mutually agreed-upon sexual activity. Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will. Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and 4 College Council 2/2/2015 Page 82 can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately. Consent cannot be given when a person is incapacitated. A person cannot consent if he or she is unconscious or coming in and out of consciousness. A person cannot consent if he or she is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment. For purposes of this process, the age of consent is eighteen (18). Sexual activity with a minor shall be considered nonconsensual. Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Affected Party. Day: Any day during which the District is open for business. Should the final day of a required process fall on a Saturday or Sunday, the following Monday shall be considered the final day. A final day falling on a holiday shall be considered the first weekday following the holiday. Disciplinary Process: formal fact-finding processes, including recommendations for, or imposition of disciplinary penalties. District: Redwoods Community College District. Domestic Violence: a felony or misdemeanor crime of violence committed by a spouse or former spouse or intimate or domestic partner, cohabitant or former cohabitant of the victim, or someone with whom the accused shares a child, has an existing dating or engagement relationship, or has had a former dating or engagement relationship, or abuse perpetrated against any persons described in Family Code, section 6211. Gender: “Gender” means sex, and includes a person’s sexual orientation, gender identity, gender expression, and gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. Hate Crime Based on Gender: a crime committed in relationship to District educational programs or activities that manifests evidence that the Affected Party was intentionally selected because of the Responding Student’s gender bias against the Affected party. Incapacitation: the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent for sexual activity. The factors to be considered when determining whether consent was given include whether the Responding Student knew, or whether a reasonable person should have known, that the Affected Party was incapacitated. Investigative Process: review of allegations, including formal complaints, that misconduct subject to this process has occurred. 5 College Council 2/2/2015 Page 83 Responding Student: the student(s) who is accused of engaging in prohibited sexual misconduct. Sexual Assault: sexual activity without the consent of the other person or when the other person is unable to consent to the activity. The activity may include physical force, violence, threats, intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Sexual assault includes, but is not limited to rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, fondling, incest, statutory rape, or threat of sexual assault. Sexual assault includes any of the crimes set forth in Penal Code sections 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4. Sexual Harassment: “Sexual harassment” means 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 work or educational setting, under any of the following conditions: 1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress. 2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decision affecting the individual. 3. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance or of creating an intimidating, hostile, or offensive work or educational environment. 4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. Sexual Misconduct: Sexual misconduct includes discrimination based on gender, sexual harassment, dating violence, domestic violence, sexual assault, stalking, and hate crimes based on gender. Sexual Orientation: heterosexuality, homosexuality, or bi-sexuality. Stalking: a course of conduct in which a person repeatedly engages in actions directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others or causes substantial emotional distress. A course of conduct means two or more acts, including, but not limited to acts in which the stalker directly, indirectly, or through third parties by any method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about an Affected Party, or interferes with the property of the Affected Party. Stalking includes conduct described in Penal Code, section 646.9. Student: any person currently enrolled as a student in a credit or noncredit class, or in community services offerings of the District, or who was enrolled at the time of an alleged violation of the student Standards of Conduct. 6 College Council 2/2/2015 Page 84 8.0 Sanctions Students who are found to have engaged in sexual misconduct may be given a variety of sanctions, including but not limited to the following: 8.1 Written or Verbal Reprimand: An admonition to the student to cease and desist from conduct which violates the Standards of Conduct. 8.2 Administrative Removal: Removal of a student from some or all courses and/or activities by the Vice President of Instruction and Student Development (VPISD) for a period of no more than two days. (See definition of “day.”) 8.3 Interim Suspension: Immediate suspension, pending a hearing, required to protect lives or property and to ensure the maintenance of order. 8.4 Short-Term Suspension: Exclusion of the student by the President/Superintendent or his/her designee for good cause from one or more classes for a period of up to ten (10) days of instruction and/or District activities for a period of time designed to eliminate recurrence of a misconduct issue within that activity. 8.5 Long-Term Suspension: Exclusion of the student by the President/Superintendent or his/her designee for good cause from one or more classes and/or District activities for the remainder of the college term, or from all classes and activities of the District for one or more terms. 8.6 Expulsion: Permanent exclusion of the student by the Board of Trustees from all courses and activities offered by the District. 8.7 Withdrawal of Consent to Remain on Campus: Withdrawal of consent by the President/Superintendent or assigned administrator for any person to remain on campus or at a District facility in accordance with California Penal Code Section 626.4 where reasonable cause exists to believe that such person has willfully disrupted the orderly operation of the campus or facility. Nothing in the withdrawal of consent process precludes the imposition of other sanctions. 9.0 Initiation of the Investigative Process Allegations or complaints of student sexual misconduct that are brought to the attention of the Title IX Coordinator shall first be analyzed to determine whether the alleged conduct, if true, would constitute a violation of District policies and whether the allegations or complaints are time-barred. The District may investigate and take actions regarding allegations or complaints that fall outside of the usual time-limit for the filing of allegations or complaints and may take appropriate action as a matter of District interest even if the District declines a complaint as time-barred. Upon a determination that alleged student misconduct, if true, would constitute a violation of District policies and that the alleged sexual misconduct occurred within the time limit established herein, the Title IX Coordinator, or his/her designee, shall promptly and thoroughly investigate the matter. The Affected Party shall be given the opportunity to request confidentiality. If an Affected Party requests confidentiality, it is recognized that the ability of the District to promptly and thoroughly investigate may be impeded. 7 College Council 2/2/2015 Page 85 The Affected Party and the Responding Student shall each be given an opportunity to have an advisor accompany him/her during the investigative process and disciplinary process (if applicable). An advisor must be available at the necessary times; the unavailability of an advisor is not sufficient reason to delay District processes. An advisor may assist the Affected Party or the Responding Student in interviews and disciplinary processes by communicating directly with the student, but the advisor is not permitted to speak on behalf of the student. Advisors are required to maintain the confidentiality of the process. The Affected Party and the Responding Student shall each be given the opportunity to identify witnesses or other evidence, however, the investigator may require a statement of the relevance of offered information and may decline information that is irrelevant or repetitive. In any situation where an issue of the proceeding is whether an Affected Party gave consent to sexual activity, it shall not be a valid excuse to alleged lack of affirmative consent by the Affected Party that the Responding Student believed that the Affected Party consented to sexual activity under either of the following circumstances: (1) the Responding Student’s belief in affirmative consent arose from the intoxication or recklessness of the Responding Student or (2) the Responding Student did not take reasonable steps, in the circumstances known to the Responding Student at the time of the alleged incident, to ascertain whether the Affected Party affirmatively consented. Similarly, it shall not be a valid excuse that the Responding Student believed the Affected Party affirmatively consented to sexual activity if the Responding Student knew or should have known that the Affected Party could not give affirmative consent because the Affected Party was (1) asleep or unconscious, (2) was incapacitated due to the influence of drugs, alcohol, or medication or that the Affected Party could not understand the fact, nature, or extent of the sexual activity, or (3) was unable to communicate due to a mental or physical condition. To the extent permitted by law, parties and witnesses must maintain the confidentiality of the investigative and disciplinary processes. In appropriate instances, the District’s investigator may coordinate with on-going criminal investigations regarding the same or similar allegations. The District will not defer action under its policies until the conclusion of related criminal processes. An investigative process should, to the extent possible, be concluded within thirty (30) days of the initiation of the investigation. (See definition of “day.”) An investigative report shall be prepared that includes the following: 1. A description of the circumstances giving rise to the complaint. 2. A summary of the testimony provided by each witness. 3. An analysis of relevant data. 4. A finding of whether there is probable cause to believe that sexual misconduct occurred. 5. Any other information considered appropriate by the District. 8 College Council 2/2/2015 Page 86 If the investigation reveals probable cause to believe that student sexual misconduct occurred that warrants the imposition of disciplinary sanctions, the Title IX Coordinator shall notify the Vice President of Instruction and Student Development (VPISD) for the consideration of disciplinary processes. 10.0 Informal Resolution At the conclusion of the investigation, the Vice President of Instruction and Student Development (VPISD) shall review the investigation findings and determine whether the matter is appropriate for mediation between the District, the Affected Party, and the Responding Student. An Affected Party is not required to participate in mediation. No mediation process shall be permitted that allows a student who has engaged in significant sexual misconduct to avoid the initiation of disciplinary action unless he/she voluntarily agrees to accept the disciplinary action. If the VPISD, the Affected Party and the Responding Student are able to resolve the matter through informal resolution, a written resolution agreement shall be prepared and signed by the District and the parties. Any material violation of a resolution agreement will result in disciplinary action. 11.0 Initiation of The Disciplinary Process: Hearing 11.1 Scope of the Hearing The Vice President of Instruction and Student Development (VPISD) shall hold an initial hearing to determine the facts of the situation and what sanctions are appropriate, if any. The President/Superintendent or the VPISD may at any time designate another District employee or contractor to perform the tasks assigned to the VPISD under this procedure. An alternate hearing officer shall be assigned if, for any reason, the VPISD cannot be an impartial fact-finder. 11.2 Notice of Hearing Written notice of the hearing shall be provided simultaneously to the Affected Party and the Responding Student and shall include the following: 11.2.1 The specific alleged student sexual misconduct (accusation). 11.2.2 A summary of the investigation and/or a short written statement of the facts supporting an accusation of student sexual misconduct. 11.2.3 The right of the Affected Party and the Responding Student to attend a hearing with the VPISD to respond in writing regarding the party’s position concerning the matter. 11.2.4 The nature of the discipline that is being considered. 9 College Council 2/2/2015 Page 87 Notices described in this process may be personally served on a party or, in the case of students, mailed to the most recent official student address on file with the District admissions and records office. Nothing prohibits the District from amending the notice as deemed appropriate. The VPISD may request the production of relevant evidence that was not part of the investigative process for consideration in the hearing process. 11.3 Waiver of Hearing and Appeal Rights An Affected Party or a Responding Student who fails to attend or to participate at the hearing or alternatively to provide a written response by the date set by the VPISD waives the right to continue in this process and may not appeal the VPISD’s decision or recommended disciplinary action. When an Affected Party or a Responding Student fails to attend or participate in the hearing with the VPISD or provide a written response, the VPISD may consider all allegations set out in the notice and supported by the investigation and any additional information secured by the VPISD in connection with the hearing. If a Responding Student waives his/her hearing and appeal rights and the VPISD determines that discipline is appropriate, the VPISD shall notify the Responding Student of the discipline to be imposed. If expulsion is recommended, the VPISD shall refer the matter for Board of Trustee consideration. 11.4 Conduct of Hearing 11.4.1 The VPISD shall determine how the hearing will be conducted, taking into consideration the goals of Title IX and the safety of parties and witnesses. For example, the Affected Party and Responding Student may not be required to be present in the same room during the hearing. The VPISD may call and question witnesses he/she believes have relevant information. 11.4.2 The Affected Party and the Responding Student may recommend witnesses to be called. To avoid unnecessarily duplicative or irrelevant testimony, the VPISD may require a party to indicate the nature of the proposed testimony as a condition to calling witnesses. The VPISD cannot compel the attendance of witnesses recommended by the parties. The VPISD shall determine on a case-by-case basis how the questioning of parties and witnesses shall be conducted, given the nature of the allegations and the safety of parties and witnesses. If the VPISD does not permit direct questioning by the parties, he/she may consider permitting an Affected Party and the Responding Student to submit questions for the VPISD to ask parties and witnesses. 10 College Council 2/2/2015 Page 88 11.4.3 Formal rules of evidence shall not apply. Any relevant, non-duplicative evidence may be admitted as determined by the VPISD. Questions about an Affected Party’s sexual history is permitted only by a Responding Student who is claiming a current or previous consensual sexual relationship with the Affected Party. 11.4.4 The District may provide an attorney to assist the VPISD. If the District intends to use an attorney, it will notify the Affected Party and the Responding Student not less than five (5) days prior to the date of the hearing so that the parties may consider whether to retain their own legal representative at their own expense. (See definition of “day.”) Attorneys who are assisting an Affected Party or a Responding Student may not examine or cross-examine witnesses, submit or object to evidence or documents, or directly address the VPISD. If criminal charges related to the alleged misconduct are pending against the Responding Student, the student may retain an attorney at his/her own expense to accompany him/her to the hearing, but the attorney may not participate by examining or cross-examining witnesses, submitting or objecting to evidence or documents, or addressing the VPISD. The Responding Student must notify the District not less than five (5) days prior to the date of the hearing that he/she will be accompanied by an attorney under this paragraph. (See definition of “day.”) Any person licensed to practice law is considered an attorney for this purpose. 11.4.5 The hearing shall be closed and confidential. 11.4.6 The findings of the VPISD shall be based upon a preponderance of evidence relevant to the charges adduced at the hearing. 11.4.7 The hearing shall be recorded either by tape/digital recording or stenographic recording, and shall be the only recording made. No party or witness who refuses to be recorded may be permitted to give testimony. Tape/digital recordings shall remain in the custody of the District at all times, unless released to a professional transcribing service. 11.5 Notice of Decision Within fifteen (15) days following the hearing, the VPISD shall prepare and send a written decision simultaneously to the Affected Party and the Responding Student. (See definition of “day.”) The Notice of Decision shall include factual findings regarding the accusation and determinations as to whether any specific section(s) of the Standards of Student Conduct were violated. The Notice of Decision shall also include a specific decision regarding the disciplinary action to be imposed, if any, unless expulsion is recommended. The Notice of Decision shall be based only on the 11 College Council 2/2/2015 Page 89 record of the hearing, and not on matters outside of that record. The record includes the investigative report, any written notices or student statements, and oral and written evidence produced for, or at, the hearing. If expulsion is recommended, the Notice of Decision shall verify that expulsions require Board of Trustee action. 12.0 Appeal Rights At the same time the Vice President of Instruction and Student Development (VPISD) provides the written Notice of Decision, he/she shall provide written notice of appeal rights simultaneously to parties who did not waive their appeal rights. Appeal requests are available to the Affected Party and the Responding Student only on the following bases: 12.1 A claim that the initial hearing included a material procedural error. The appeal request must identify the specific procedural error(s) and how that claimed error disadvantaged the appealing party. 12.2 Relevant evidence that was previously unavailable has been discovered, and that evidence could significantly impact the outcome of the case. The appeal request must identify the specific evidence, how the evidence is relevant, why the evidence was previously unavailable, and how the newly discovered relevant evidence could impact the outcome of the case. 12.3 The proposed discipline is substantially unreasonable in light of the findings. The appeal request must indicate the claimed unreasonableness of the proposed discipline and indicate what discipline the appealing student believes would be appropriate. Written appeals by students must be submitted in writing to the President/Superintendent within 5 days of the delivery of the VPISD’s Notice of Decision to the parties. (See definition of “day.”) If no appeal is received within 5 days, the decision of the VPISD, including the proposed discipline, will take immediate effect. The exception is if expulsion is recommended; an expulsion recommendation shall be presented to the Board of Trustees for action. Any timely appeal shall be reviewed by the President/Superintendent who shall determine whether a proper basis for appeal has been identified by the Affected Party or the Responding Student. If the standards for an appeal have been met, the President/Superintendent shall send a Notice of Appeal Hearing to the Affected Party and the Responding Student and shall arrange for an appeal hearing. The Notice of Appeal Hearing shall state the issues on appeal. If the President/Superintendent determines that an appeal was not timely or that it did not state a proper basis for appeal, the President/Superintendent shall send the appealing student a Notice of Denial of Appeal and any recommended discipline shall take effect. If expulsion was recommended, the Board of Trustees shall have final review of the matter. 12 College Council 2/2/2015 Page 90 13.0 Appeal Hearings 13.1 Scope of Appeal Hearing Upon approval of a timely appeal from an Affected Party or a Responding Student that meets the appeal standards, the appeal hearing will be initiated. The District shall prepare the necessary documentation related to the appeal. 13.2 Schedule of Appeal Hearing The appeal hearing shall be held within fifteen (15) days after the issuance of the Notice of Appeal Hearing. (See definition of “day.”) 13.3 Impartial Hearing The District shall assign the appeal hearing to a Student Conduct Panel, to a neutral District administrative hearing officer, or to an impartial third party hearing officer so as to provide a prompt review. Person(s) hearing appeals shall receive training in issues related to sexual misconduct. 13.3.1 Student Conduct Panel If the District assigns the matter to a Student Conduct Panel, the hearing panel shall be composed of one administrator appointed by the President/Superintendent, one faculty member, and one classified employee. Each academic year, the president of the Academic Senate shall provide a list of at least five (5) faculty members who can be called upon to serve on the Student Conduct Panel. The President/Superintendent shall select a faculty member from the Academic Senate’s list and one volunteer classified employee to serve when a hearing panel is needed. No administrator, faculty member or classified employee who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall serve on a hearing panel. The President/Superintendent shall appoint one member of the Student Conduct Panel to serve as chair. The decision of the panel chair shall be final on all matters relating to the conduct of the hearing unless there is an opposing vote by the other two voting panel members. 13.3.2 Impartial District Administrative Hearing Officer or Impartial Third-Party Hearing Officer 13 College Council 2/2/2015 Page 91 Any proposed Hearing Officer may hear the matter only upon providing a written verification to the President/Superintendent that he/she has had no personal involvement in the matter to be decided and that he/she is prepared to provide an unbiased consideration of the matter. 14.0 Conduct of Appeal Hearing 14.1 The Vice President of Instruction and Student Development (VPISD) shall provide the members of the Student Conduct Panel or the assigned Hearing Officer with a written background statement describing the allegations or complaint, the investigation or a summary of the investigation, and information regarding the initial hearing including the Notice of Decision, and the Notice of Appeal. 14.2 The Student Conduct Panel or the assigned Hearing Officer shall determine how the appeal hearing will be conducted. Only information relevant to the specific basis for appeal may be presented. Depending on the nature of the appeal, additional evidence, including testimony, or the presence of the parties, may or may not be necessary. If additional evidence or the presence of the parties is necessary, the Student Conduct Panel or the assigned Hearing Officer shall determine how the questioning of parties and/or witnesses shall be conducted. The Student Conduct Panel or Hearing Officer cannot compel the attendance of witnesses recommended by the parties. 14.3 Formal rules of evidence shall not apply. Any relevant, nonduplicative evidence related to a proper appeal may be admitted as determined by the Student Conduct Panel or assigned Hearing Officer. 14.4 To assist the Student Conduct Panel or the Hearing Officer, the VPISD may address the issue(s) that are on appeal, including the merit of the appeal. 14.5 If criminal charges related to the alleged misconduct are pending against the Responding Student, the student may retain an attorney to accompany him/her to the appeal hearing, but the attorney may not participate by examining or cross-examining witnesses, submitting or objecting to documents, or addressing the Student Conduct Panel or Hearing Officer. The student must notify the District not less than five (5) days prior to the date of the appeal hearing that he/she will be accompanied by an attorney under this paragraph. (See definition of “day.”) The Student Conduct Panel or Hearing Officer may have legal assistance without entitling any student to have the assistance of an attorney. Any legal advisor to the Student Conduct Panel or Hearing Officer shall sit in an advisory capacity. Any person licensed to practice law is considered an attorney for this purpose. 14 College Council 2/2/2015 Page 92 14.6 The hearing shall be closed and confidential. Any finding that might be necessary for the Student Conduct Panel or Hearing Officer to make must be based upon a preponderance of evidence. 14.7 The appeal hearing shall be recorded by the District either by tape/digital recording or stenographic recording, and shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. Tape/digital recordings shall remain in the custody of the District at all times, unless released to a professional transcribing service. 14.8 Within ten (10) days following the close of the appeal hearing, the Student Conduct Panel or Hearing Officer shall prepare and send a written appeal decision to the President/Superintendent and simultaneously to the Affected Party and the Responding Student. (See definition of “day.”) The appeal decision shall state whether the Appeal is affirmed or dismissed. If an appeal is affirmed, the Student Conduct Panel or Hearing Officer shall recommend steps needed to remedy any identified material defect. If an Appeal is dismissed, the decision from the initial hearing shall immediately take effect. 14.9 If a recommendation for expulsion is upheld by the Student Conduct Panel or Hearing Officer, the matter shall be forwarded to the Board of Trustees. 15.0 Expulsions The Board of Trustees shall consider any recommendation for expulsion at the next regularly scheduled meeting of the Board after receipt of the recommendation or at a special meeting. The Board shall consider an expulsion recommendation in closed session, unless a Responding Student who participated in a hearing requests that the matter be considered in a public meeting. A Responding Student who waived his/her right to participate in the District’s hearing and appeal processes may not participate in any Board review of an expulsion recommendation so long as expulsion was included in the initial notice of hearing as a potential disciplinary option. The Affected Party and the Responding Student shall be notified in writing, by registered or certified mail or by personal service, at least four (4) days prior to the meeting, of the date, time, and place of the Board’s meeting. (See definition of “day.”) The Responding Student may, within forty-eight (48) hours after receipt of the written notice of the Board meeting, file with the President/Superintendent a written request that the meeting be held as a public meeting. The Affected Party and the Responding Student shall be permitted to provide a written statement to the Board in support of or opposition to the expulsion not less than 24 hours prior to the scheduled Board meeting. Even if a Responding Student requests that the Board consider an expulsion recommendation in a public meeting, the Board will hold any meeting that might conflict with the privacy rights of others and/or consider the student records of another student in closed session. 15 College Council 2/2/2015 Page 93 The Board may accept, modify or reject the findings, decisions, or recommendations of the Student Conduct Panel or Hearing Officer for expulsion. Prior to modifying or rejecting an expulsion recommendation, the Board shall review the record of the initial hearing and any appeal hearing and shall prepare a new written decision which contains specific factual findings and conclusions. If a student recommended for expulsion waived his/her right to a hearing by failing to participate in an initial District hearing, the Board shall consider expulsion based on the available information. The decision of the Board regarding expulsion shall be final. The final action of the Board on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the District. 16.0 Notice of Final Decision The Affected Party and the Responding Student shall be provided with simultaneous written notice of the final outcome of any complaint and of any appeal, including the rationale for the results and the sanctions if applicable. If state regulations provide appeal rights to the Chancellor of the California Community Colleges, notice of such rights shall be provided. 17.0 Student Right to Submit Statement Regarding Discipline If a student’s record includes information concerning any disciplinary action taken by the District, the student may include in the record a written statement or response concerning the disciplinary action. 16 College Council 2/2/2015 Page 94 COLLEGE COUNCIL The Scope of the College Council Committee: The Redwoods Community College District is committed to the creation of participatory governance structures which are efficient, effective, and which allow for broad participation in the decision-making process. The District seeks to build understanding and trust among various groups in the College through open collaboration and shared responsibility. The College Council is the apex district-wide constituent based collegial consultation body that includes representatives from all of the District’s constituent groups. College Council helps ensure that policies and procedures are developed and revised following the collegial consultation process and all relevant constituent input is given due consideration. College Council receives drafts of policy and procedure from the appropriate constituents, reviews and suggests revisions when appropriate, and either sends these documents back to the constituent group that wrote it for any necessary revision or can, if deemed appropriate, create an ad hoc committee (or a subcommittee) for revisions to drafts or resolution of competing drafts. College Council shall seek all constituents’ input on the proposed board policy (BP) and/or administrative procedure (AP) before making a final recommendation by majority vote. Final recommendations by the College Council are sent to the President/Superintendent. The President/Superintendent is responsible for taking revisions and new policies and procedures to the Board of Trustees for approval (BPs) or for informational purposes (APs). Members convey information from the Council to their constituent groups and from their groups to the Council. Members represent their constituents’ views to the College President who serves as Council Chair. The Council serves to advise the College President before implementation of the recommendations. The College Council may develop and adopt operating procedures to ensure efficient, effective and timely decision-making. Though they are not part of AP 2511, the current operating procedures of the College Council will be attached to AP 2511 so that the information is readily available to all. College Council Membership: Constituent Representation on the College Council is as follows: Academic Senate (2) College of the Redwoods Faculty Organization (CRFO) (1) California Schools Employee Association (CSEA) (2) Associated Students of College of the Redwoods (ASCR) (2) Del Norte (1) President/Superintendent (1) Vice President of Administrative Services (1) Vice President of Student Development and Instruction (1) College Council 2/2/2015 Page 95 Director of Human Resources (1) Director of Institutional Research (1) Managers’ Council (1) Klamath Trinity Instructional Site (Non-Voting) College Council 2/2/2015 Page 96 Standard I: Mission, Academic Quality and Institutional Effectiveness, and Integrity Responsible B. Assuring Academic Quality and Institutional Effectiveness: Institutional Effectiveness Cabinet Member 7 The institution regularly evaluates its policies and practices across all areas of the institution, including instructional programs, student and learning support services, resource management, and governance processes to assure their effectiveness in supporting academic quality and accomplishment of mission. C. Institutional Integrity and and Kathy Smith, Keith SnowFlamer, Lee Lindsey, Ahn Fielding Angelina Hill Responsible Cabinet Member Responsible Employees and Responsible Employees Reponsible Committees/Groups College Council, Academic Senate, Instructional Council, SSLG and Reponsible Committees/Groups 5. The institution regularly reviews institutional policies, procedures, and publications to assure integrity in all representations of its mission, programs, and services. Kathy Smith Paul Demark, Kimberly Sweet College Council 7. In order to assure institutional and academic integrity, the institution uses and publishes governing board policies on academic freedom and responsibility. These policies make clear the institution’s commitment to the free pursuit and dissemination of knowledge, and its support for an atmosphere in which intellectual freedom exists for all constituencies, including faculty and students. (ER 13) Kathy Smith Paul DeMark, Kimberly Sweet College Council 8. The institution establishes and publishes clear policies and procedures that promote honesty, responsibility and academic integrity. These policies apply to all constituencies and include specifics relative to each, including student behavior, academic honesty and the consequences for dishonesty. Kathy Smith Paul Demark, Kimberly Sweet College Council College Council 2/2/2015 Page 97 Standard III: Resources A. Human Resources Responsible Cabinet Member and Responsible Employees and Reponsible Committees/Groups The institution establishes, publishes, and adheres to written personnel policies and procedures that 11. are available for information and review. Such policies and procedures are fair and equitably and consistently administered. Ahn Fielding Kimberly Sweet College Council Through its policies and practices, the institution creates and maintains appropriate programs, practices, and services that support its diverse 12. personnel. The institution regularly assesses its record in employment equity and diversity consistent with its mission. Ahn Fielding Kimberly Sweet, Teresa Daigneault, Angelina Hill College Council, EEO Advisory Committee The institution upholds a written code of 13. professional ethics for all of its personnel, including consequences for violation. Kathy Smith Kimberly Sweet College Council C. Technology Resources 5. The institution has policies and procedures that guide the appropriate use of technology in the teaching and learning processes. Responsible Cabinet Member and Angelina Hill Responsible Employees and Lee Lindsey, Steven Roper Reponsible Committees/Groups TPC, Deans, College Council Standard IV: Leadership and Governance A. Decision-Making Roles and Processes Responsible Cabinet Member and Responsible Employees and Reponsible Committees/Groups College Council 2/2/2015 Page 98 2. The institution establishes and implements a written policy providing for faculty, staff, administrator, and student participation in decisionmaking 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. C. Governing Board Kathy Smith Responsible Cabinet Member Kimberly Sweet and Responsible Employees College Council and Reponsible Committees/Groups 3. The governing board adheres to a clearly defined policy for selecting and evaluating the CEO of the college and/or the district/system. Kathy Smith Kimberly Sweet Board of Trustees 5. The governing board establishes policies consistent with the college/district/sys- tem mission to ensure the quality, integrity, and improvement of student learning programs and services and the resources necessary to support them. The governing board has ultimate responsibility for educational quality, legal matters, and financial integrity and stability. Kathy Smith Kimberly Sweet Board of Trustees 6. The institution or the governing board publishes the board bylaws and policies specifying the board’s size, duties, responsibilities, structure, and operating procedures. Kathy Smith Kimberly Sweet Board of Trustees 7. The governing board acts in a manner consistent with its policies and bylaws. The board regularly assesses its policies and bylaws for their effectiveness in fulfilling the college/district/system mission and revises them as necessary. Kathy Smith Kimberly Sweet Board of Trustees College Council 2/2/2015 Page 99 Board policies and/or bylaws clearly establish a process for board evaluation. The evaluation assesses the board’s effectiveness in promoting and sustaining academic quality and institutional effectiveness. The governing board regularly 10. evaluates its practices and performance, including full participation in board training, and makes public the results. The results are used to improve board performance, academic quality, and institutional effectiveness. Kathy Smith Kimberly Sweet Board of Trustees The governing board upholds a code of ethics and conflict of interest policy, and individual board members adhere to the code. The board has a clearly defined policy for dealing with behavior that violates its code and implements it when necessary. A majority of the board members have 11. no employment, family, ownership, or other personal financial interest in the institution. Board member interests are disclosed and do not interfere with the impartiality of governing body members or outweigh the greater duty to secure and ensure the academic and fiscal integrity of the institution. (ER 7) Kathy Smith Kimberly Sweet Board of Trustees Kathy Smith Kimberly Sweet Board of Trustees Kathy Smith Kimberly Sweet Board of Trustees The governing board delegates full responsibility and authority to the CEO to implement and administer board policies without board 12. interference and holds the CEO accountable for the operation of the district/system or college, respectively. The governing board has a code of ethics that 13. includes a clearly defined policy for dealing with behavior that violates its code. College Council 2/2/2015 Page 100 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy Draft BP 2325 TELECONFERENCING It is the expectation of the Board of Trustees that all members be physically present for each scheduled meeting. The Board recognizes that the use of teleconferencing may, from time to time, be necessary if a Board member cannot be physically present at the Board meeting. Government Code Section 54953 permits a member of a legislative body of a local agency to use teleconferencing for the benefit of the public in connection with any meeting or proceeding authorized by law. For purposes of this policy, “teleconferencing” means a meeting of the Board of Trustees where one or more members of the Board cannot be present and will be participating from different locations within the District, connected by electronic means through audio, video or both. A member of the Board may attend a Board meeting via teleconferencing, and may participate in Board discussion and voting on official actions, provided that the participation is consistent with the District’s Administrative Procedures regarding this matter. It is the Board’s desire and intent to allow through this policy, Board member participation in Board deliberation and actions taken in public session by teleconferencing and videoconferencing. Teleconferencing shall not be used for closed sessions of the Board. It is the Board’s further intent that the authorized Administrative Procedures are to be used in all teleconferencing Board meetings which require a Board member to be physically absent from a meeting. See Administrative Procedure AP 2325 Reference: Government Code Section 54953; Education Code Section 72121.5; The Brown Act – Teleconference Meetings Adopted by the Board of Trustees: New College Council 2/2/2015 Page 101 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedures Draft AP 2325 TELECONFERENCING Government Code Section 54953 authorizes the conduct of meetings by legislative bodies through teleconferencing under specified circumstances. The Brown Act also provides requirements regarding teleconferencing. These circumstances and requirements are included in this Administrative Procedures: 1. A requesting Board member shall notify the Board President at least seven (7) days in advance of the meeting in question. The Board President shall notify the Board Secretary so that arrangements can be made. 2. Each teleconference location must be within the boundaries of the Redwoods Community College District. 3. The Board member participating by teleconferencing will be counted as present for the meeting. 4. The Board member participating by teleconferencing must be able to hear the comments of and speak to all those present at the meeting, and all those present at the meeting must be able to hear the comments of and speak to such absent Board member(s) contemporaneously. 5. In the event that the absent Board member cannot be heard or understood by the Board or those present at the Board meeting, or that all present cannot be heard by the absent Board member, the teleconference portion of the meeting shall be terminated, and the absent Board member shall not be permitted to vote. 6. The Board meeting cannot be chaired by teleconferencing. 7. All votes taken during a teleconferencing meeting must be conducted by roll call. 8. The District shall post agendas at all teleconferencing locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the Board of Trustees. 9. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be fully accessible to members of the public. 10. The agenda shall provide an opportunity for members of the public to address the Board directly pursuant to Section 54954.3 at each teleconference location. 11. The teleconference location must be accessible to the disabled, and as such, official or public meeting facilities should be used for the remote teleconference sites whenever possible. 12. Each Board member who chooses to utilize their home, office or other location must open these locations to the public and accommodate any member of the public who wishes to attend the meeting at that location. College Council 2/2/2015 Page 102 13. Members of the public must be able to hear the meeting and be given the opportunity to testify from each location. 14. At least one copy of all documents being considered by the Board shall be available to the public at each site of the teleconferencing location. 15. At the call to order of the meeting, the President of the Board shall inform all Board members and the audience of the identity of the absent Board member(s), his/her physical location, and the reason for the inability to be physically present at the meeting. 16. The President of the Board shall conduct a voice and volume test to ensure that the Board members and all those present or viewing the meeting, have adequate voice clarity and understanding. See Board Policy BP 2325 Reference: Government Code Section 54953, 54954.3; Education Code Section 72121.5; The Brown Act – Teleconference Meetings Approved: New College Council 2/2/2015 Page 103 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 4020 PROGRAM, CURRICULUM, AND COURSE DEVELOPMENT The programs and curricula of the District shall be of high quality, relevant to community and student needs, and evaluated regularly to ensure quality and currency. To this end, the Board of Trustees directs the President/Superintendent and the Academic Senate to establish procedures for the development and review of all curricular offerings, including their initiation, development, modification, revitalization or discontinuation. These procedures shall include: Involvement of the faculty, administration, and Academic Senate regarding program and curriculum initiation and development. The primary responsibility for curriculum resides with the faculty and the advice and judgment of the Academic Senate. Educational program initiation, development, modification, revitalization or discontinuation is mutually agreed upon by the Board or its representative and the Academic Senate. Initial justification and regular review of programs and courses. Opportunities for training of persons involved in their relevant areas of curriculum development. Consideration of labor market and other relevant information for career and technical programs. A mechanism to periodically report curriculum changes and results of program review to the Board of Trustees for the purpose of institutional decision-making. All new credit and noncredit courses, programs, certificates, and degrees must satisfy the conditions authorized by Title 5 regulations, shall be approved by the Board of Trustees, and shall be submitted to the California Community College Chancellor’s Office for approval as required. In addition, all course and program deletions shall be approved by the Board of Trustees. Credit Hour Consistent with federal regulations applicable to federal financial aid eligibility, the District shall assess and designate each of its programs as either a “credit hour” program or a “clock hour” program. The President/Superintendent will establish procedures which: Prescribe the definition of “credit hour” consistent with applicable federal regulations, as they apply to community college districts. Assure that curriculum at the District complies with the definition of “credit hour” or “clock hour,” where applicable. Establish procedures for using a clock‐to‐credit hour conversion formula to determine whether a credit hour program is eligible for federal financial aid. College Council 2/2/2015 Page 104 The conversion formula is used to determine whether such a credit‐hour program has an appropriate minimum number of clock hours of instruction for each credit hour it claims. Reference: Education Code Section 70901(b), 70902(b); 78016; Title 5, Section 51000, 51022, 55100, 55130, 55150 Adopted by Board of Trustees: 05/03/2011 Former Policy #104: “Curriculum Development,” Adopted by the Board of Trustees: 8/15/77 Amended: 9/9/91 Former Policy #122: “Educational Program Review,” Adopted by the Board of Trustees: 7/16/84 Amended: 11/4/91 Revisions by ASPC presented to Senate 10/17/2014 Revised 10/24/14 and Sent to Senate for final approval 11/7/14 College Council 2/2/2015 Page 105 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4020 PROGRAM, CURRICULUM AND COURSE DEVELOPMENT College of the Redwoods is committed to the vitality and integrity of its educational offerings. Following a transparent process and using appropriate data is central to this endeavor. This procedure outlines the processes that will be used to initiate a new instructional program and develop curriculum, both credit and noncredit. Instructional Program Initiation An instructional program is defined as a discipline and/or as an organized sequence or groupings of courses leading to a defined objective such as a major (area of emphasis), degree, or certificate. In order to create and maintain a viable curriculum compatible with the Education Master Plan, the President/Superintendent or designee shall be responsible for recommending to the Board for approval all new credit and noncredit programs in accordance with the Education Code. New instructional programs are mutually agreed upon by the Board of Trustees or its representative and the Academic Senate. Program initiation requires significant commitment of resources and should only occur after serious deliberation. The following process incorporates the same criteria used to evaluate an instructional program for discontinuance. The following indicators to be considered include, but are not limited to, the following: Alignment with the Chancellor’s Office priorities, the College’s mission, and accreditation standards Alignment with state and federal requirements Requirements from transfer institutions Availability of fulltime and associate faculty Budget concerns and sufficient funding Demand in the workforce Adequate facilities and equipment College Council 2/2/2015 Page 106 Instructional Program Initiation Process Step One: New Instructional Program Request A new instructional program request can be initiated by the administration, faculty, or the Academic Senate by submitting a written proposal to the appropriate Dean/Director Proposals will be forwarded to the Chief Instruction Officer/Chief Student Services Officer (CIO/CSSO) who will consult with the Academic Senate Co-Presidents on whether to move the proposal forward to the President/Superintendent. Step Two: Appointment of the Task Force If a new instructional program request is approved by the President/Superintendent, he or she will, with consultation with Expanded Cabinet, appoint a Task Force to analyze viability of the new program. The Task Force shall be composed of the following: 2 Deans or Directors, one of which will not be directly connected to the new program Academic Senate Co-President or member of the Executive Committee 2 faculty members appointed by the Academic Senate, one of which will be a member of the division most closely aligned with the proposed program 1 representative appointed by the President The Task Force will be co-chaired by a faculty member and a Dean or Director, to be selected from and by the membership of the Task Force. The responsibilities of the co-chairs of the Task Force include, but are not limited to the following: Consultation with the Office of Institutional Research and other resources to validate information being used in determining recommendations Maintenance of objectivity and integrity during the entire process Written summary recorded for each meeting Production of a Task Force Recommendation Report Step Three: New Instructional Program Viability and Sustainability Analysis The first task is to draw up a matrix of criteria by which viability and sustainability may be assessed, for example: Best practices of other colleges Job Market analysis Develop a matrix for or set targets for the success rate with a timeline for assessment of the program Literature review College Council 2/2/2015 Page 107 Step Four: Task Force New Program Recommendation Report Subsequent to review of all the relevant information, the Task Force will present a written report to the CIO/CSSO and President/Superintendent. The report will consist of 1. A summary of the data 2. An analysis of the data 3. A detailed assessment of the institutional support for sustained program success, including budget, infrastructure, and faculty 4. Other factors considered in making the recommendation 5. The recommendation; approval, no approval, or look for alternatives such as modifying existing programs. Step Five: Decision The President/Superintendent has full responsibility and authority to implement the decision as designee of the Board of Trustees. If the President/Superintendent decides to implement the recommendation for initiation of the new program the President/Superintendent will task the appropriate administrators to work with faculty and staff to develop the new instructional program. If the decision is to initiate a new program, a corresponding commitment should be made to include adequate resources, including faculty support. If the President/Superintendent decides not to implement the recommendation for initiation of the new program, then he or she shall communicate the reasons in writing to the Expanded Cabinet and to the Academic Senate. Curriculum and Course Development Curriculum development and course development are closely related and are the primary responsibility of the Curriculum Committee and the Academic Senate. As a standing committee of the Academic Senate, the Curriculum Committee follows the procedures set forth in the current California Community Colleges Chancellor’s Office Program and Course Approval Handbook. Documentation of these processes is available on the Curriculum Committee website. Upon Curriculum Committee and Academic Senate approval, the Academic Senate recommendations are forwarded to the CIO and then to the Board of Trustees (BOT) at least once during each fall and spring term for approval. The BOT recommendation(s) shall be submitted to all required regulatory bodies for approval. New programs and courses shall be offered only after such approval has been obtained. Under the direction of the CIO, the district shall keep program and course lists updated and publicly available. Chancellor’s Office approved course information is published in the college’s catalog and in schedules. College Council 2/2/2015 Page 108 The CIO, in mutual agreement with the Academic Senate, shall set timelines for regular review of existing courses or programs as well as catalog cutoff dates. The Curriculum Committee shall publish its calendar of meetings for the year and disseminate it to all departments and offices involved in the curricular process. Definition of a Credit Hour (1) An amount of student work represented in the intended learning outcomes and verified by evidence of student achievement that reasonably approximates not less than one hour of classroom or direct faculty instruction and a minimum of two hours of out-of-class work each week for approximately fifteen weeks for one semester hour of credit, or the equivalent amount of work over a different amount of time. (2) For other academic work leading to award of credit hours (such as internships, practica, and studio work) the award of credit hours will be based on an amount of work implied by the paragraph before. (3) For asynchronous online courses, where no classroom instruction takes place per se, the assignment of credit hour will be based on the equivalent amount of work as represented by the definition above. An existing face to face course may be taught in an online format for the same credit hours provided the amount of work expected remains the same. The CIO and the Curriculum Committee are charged with the responsibility to ensure that the curriculum adheres to this requirement. The CIO and the Curriculum Committee must make a reasonable determination that proposed assignment of credit hours for new courses conforms to commonly accepted practice in higher education. Reference: Title 5 Sections 51021, 55000 et seq., and 55100 et seq.; Accreditation Standard II.A; California Community Colleges Chancellor’s Office Student Attendance Accounting Manual – Chapter 3; 34 CFR 600.2 Approved: 04/04/2011 Former Administrative Regulation #104.01, “Curriculum Development,” Approved: 5/86 Revised: 10/91 and 1/9/95, and Former Administrative Regulation #122.01, “Program Review,” Approved: 6/6/94 Revised: 1/9/95; 4/6/98; 4/5/04; and 10/24/14 College Council 2/2/2015 Page 109 REDWOODS COMMUNITY COLLEGE DISTRICT AP 4020 Administrative Procedure PROGRAM AND CURRICULUM DEVELOPMENT The primary responsibility for the development, modification, and inactivation of curriculum resides with the faculty and the advice and judgment of the Academic Senate. Educational program development, modification, revitalization and discontinuation is mutually agreed upon by the Board or its representative and the Academic Senate. The formal work of the curriculum process is performed and overseen by the Curriculum Committee. The membership of the Curriculum Committee can be found in the Curriculum Committee By-Laws. The formal work includes creating or modifying programs, degrees, or certificates and developing and updating course outlines, including the identification of course learning outcomes, course content, methods of student assessment and the use of a range of delivery systems and modes of instruction. As a standing committee of the Academic Senate, the Curriculum Committee is responsible for the review and endorsement of curriculum in accordance with procedures set forth in the current California Community Colleges Chancellor’ s Office Program and Course Approval Handbook. The Curriculum Committee is also responsible for establishing and maintaining College of the Redwoods curricular processes. These processes are found at the Curriculum Committee website. Upon Curriculum Committee and Academic Senate approval, the Academic Senate recommendations are forwarded by the Chief Instructional Officer to the Board of Trustees (BOT) at least once during each fall and spring term for action. The BOT recommendation(s) will be submitted to all required regulatory bodies for approval. New programs and courses will be offered only after such approval has been obtained. Under the direction of the CIO, the district shall keep program and course lists updated and publicly available. Chancellor’s Office approved course information is published in the college’s catalog and in schedules. The CIO, in mutual agreement with the Academic Senate, shall set timelines for regular review of existing courses or programs as well as catalog cutoff dates. The Curriculum Committee shall publish its calendar of meetings for the year and disseminate it to all departments and offices involved in the curricular process. Reference: Title 5 Sections 51021, 55000 et seq., and 55100 et seq.; Accreditation Standard II.A Approved: 04/04/2011 Former Administrative Regulation #104.01, “Curriculum Development,” Approved: 5/86 Revised: 10/91 and 1/9/95, and Former Administrative Regulation #122.01, “Program Review,” approved: 6/6/94 Revised: 1/9/95; 4/6/98; and 4/5/04 College Council 2/2/2015 Page 110 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4235 CREDIT BY EXAMINATION Credit by Examination may be obtained by one of the following methods: 1. External credit by examination • • • Advanced Placement Examination (AP) International Baccalaureate Examination (IB) College Level Examination Program (CLEP) 2. Tech Prep High School to College Articulation (Articulation) credit by examination 3. Internally developed method to meet external Accreditation/Certification requirements General Provisions for Credit by Examination: • • • • • • • • • College of the Redwoods faculty in the appropriate discipline will determine the course(s) eligible for credit by examination. Courses eligible for credit by examination are approved by the Curriculum Committee A maximum of nine units earned from credit by examination may apply to the Associate degree. The units granted by examination will be the same as the units the student would have earned by successful completion of the course. The student’s academic record shall clearly indicate that the credit was earned by examination. No grade will be given. Units earned under this policy are not considered part of the student's official program and will not be used for registration certification for the Social Security Administration, the Department of Veterans Affairs, financial aid eligibility, athletic eligibility, dorm residency, or similar programs. Credits acquired by Articulation shall not be counted in determining the 15 semester units required in residence or the 12 units required in residence in the major for an Associate degree from College of the Redwoods. Requests for credit by examination cannot be made under the following conditions: a. for a course in which the student has previously received a letter grade other than "W"; b. for a course that is a prerequisite for one the student has already taken; c. for a course in which the student is currently enrolled; d. in instances where credit has already been granted for the class, totally or partially, or from another examination; or e. for a course to be used in the academic renewal process. Each transfer institution determines whether they will accept and how they will apply credit by exam units. College Council 2/2/2015 Page 111 • When an external Accreditation or Certification body requires a mechanism for granting credit for previously acquired knowledge and skills, the program will follow the accrediting body guidelines to develop a process for granting credit through equivalence, challenge exams or other methods of evaluation as needed. The student's transcript will reflect credit for each course successfully challenged. Residency requirements still apply. External credit by examination - AP, IB & CLEP • The required score necessary for achievement of credit by examination shall be determined by College of the Redwoods faculty in the appropriate discipline and approved by the Curriculum Committee. • A list of approved examinations, required minimum score, units earned, and course equivalency/GE requirement will be maintained by the Curriculum Committee and published in the college catalog. • When an external accrediting or certificating body requires a mechanism for granting credit for previously acquired knowledge and skills, the program will follow the accrediting body guidelines to develop a process for granting credit through equivalence, challenge exams or other methods of evaluation as needed. The student's transcript will reflect credit for each course successfully challenged. Residency requirements still apply. Tech Prep High School to College Articulation The nature and content of the examination shall be determined solely by College of the Redwoods faculty who normally teach the course in the discipline for which credit is to be granted. If College of the Redwoods credit is requested, the appropriate referring institutional program faculty member must submit a credit by examination petition to the Tech Prep coordinator. An explanation of the Articulation credit by examination process, forms, and a list of all eligible courses is maintained on the tech prep web site www.redwoods@edu/techprep. Eligibility to Receive Credit by Examination Based on Articulation: • • • • • The student must be currently registered in the college and in good standing. The course must be approved for articulation by discipline faculty. The course must be listed in the college catalog. To receive credit by examination based on the Articulation agreement, the student must have successfully completed the appropriate high school course(s) and successfully completed the appropriate examination. The student may attempt each examination only once. Articulation Oversight Process • The appropriate deans will create and update the list of courses that have current articulation agreements. College Council 2/2/2015 Page 112 • • The Curriculum Committee shall annually review the list of courses that have articulation agreements for currency and compliance with curricular standards. Changes to the course outline, instructional methodologies, course content, student learning outcomes, or faculty by either institution require re-articulation. Approved: August 7, 2012 College Council 2/2/2015 Page 113 REDWOODS COMMUNITY COLLEGE DISTRICT BP 5040 Board of Trustees Policy 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. To the extent allowed by law, 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: 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. Information under “Directory Information” will be released only if students clearly College Council 2/2/2015 Page 114 mark “yes” on the admissions application. This designation may be changed by submitting the request in writing to the Admissions and Records Office. See Administrative Procedure AP 5040. Reference: Education Code Sections 76200 et seq; Title 5 Sections 54600 et seq Adopted by Board of Trustees: 01/03/2012 Former Board Policy No. 506 “Student Records” Adopted August 15, 1977, Amended: October 3, 1994 College Council 2/2/2015 Page 115 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure 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. Information under “Directory Information” will be released only if students clearly mark “yes” on the admissions application. This designation may be changed by submitting the request in writing to the Admissions and Records Office. Directory information shall include: 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 College Council 2/2/2015 Page 116 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. Student records shall be released pursuant to a federal judicial order that has been issue 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 Office 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 Office 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 Office 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 College Council 2/2/2015 Page 117 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 Office 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. Whenever possible, without endangering health or safety, such releases should be carried out by the Director of Admissions and Records Office. 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, and/or degrees received, prior military experience, and/or the most recent previous educational institutions enrolled in by the students. The Director of Admissions and Records Office 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, after payment of the established fee and, if requested via the college web interface, are processed within two 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; College Council 2/2/2015 Page 118 Confirmation of an individual’s academic activity; 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; 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 Approved: 12/06/2011 Former Administrative Regulation No. 506.01 “Regulation Re: Student Records” Approved: June 1980, Revised: 3/6/95; 11/5/02 College Council 2/2/2015 Page 119 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Draft AP 5130 FINANCIAL AID Financial Aid programs offered through College of the Redwoods include: •Federal Pell Grant •Federal Supplemental Educational Opportunity Grant (FSEOG) •Federal Work Study (FWS) •William D. Ford Federal Direct Loan Programs •Board of Governor’s Fee Waiver Program (BOGW) •Bureau of Indian Affairs Grants (BIA) •Cal Grant B and C •Chafee Grant •Americorps •Scholarships Please refer to the Financial Aid Disbursement Policy and the Financial Aid Policies and Procedures Manual that explain procedures including, but not limited to, the following: • Application procedures, including deadlines • Student eligibility • Payment procedures • Overpayment recovery • Loan Policy • Satisfactory Progress •Student Rights and Responsibilities • Verification Process Misrepresentation Misrepresentation is defined as any false, erroneous or misleading statement that the District, a representative of the District, or a service provider with which the District has contracted to provide educational programs, marketing, advertising, recruiting or admissions services, makes directly or indirectly to a student, prospective student, a member of the public, an accrediting agency, a state agency, or the United States Department of Education. A misleading statement includes any statement that has the likelihood or tendency to deceive or confuse. If a person to whom the misrepresentation was made could reasonably be expected to rely, or has reasonably relied, on the misrepresentation, the misrepresentation would be substantial. This policy does not apply to statements by students through social media outlets or by vendors that are not providing covered services, as reflected herein. References: College Council 2/2/2015 Page 120 20 U.S.C. Sections 1070 et seq.; 34 CFR Section 668; Education Code Section 76300; Title 5, Sections 58600 et seq. ; U.S. Department of Education regulations on the Integrity of Federal Student Financial Aid Programs under Title IV of the Higher Education Act of 1965, as amended. Approved: New College Council 2/2/2015 Page 121 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5300 STUDENT EQUITY The Board is committed to assuring student equity in educational programs and college services. The President/Superintendent shall establish and implement a student equity plan that meets the Title 5 standards for such a plan. The Board of Trustees, in order to promote student success for all students, directs the administration to develop a Student Equity Plan for the district. This plan should include, at minimum: campus-based research on institutional barriers to equity and campus climate; goals for access, retention, degree and certificate completion, ESL and basic skills completion, and transfer for each of the historically underrepresented groups as appropriate; sources of funds for activities in the plan; and a schedule and process for evaluation. Student equity outcomes should be reported annually to the Board of Trustees. References: Education Code Sections 66030, 66250 et seq., and 72010 et seq.; Title 5 Section 54220 Adopted by the Board of Trustees: November 7, 1994 College Council 2/2/2015 Page 122 REDWOODS COMMUNITY COLLEGE DISTRICT AP 5300 Administrative Procedure STUDENT EQUITY The District has a student equity plan. The plan is filed as required to the California Community Colleges Chancellor’s Office, following approval by the Board. The plan is reviewed and updated annually. The District’s Student Equity Plan will include: Campus-based research as to the extent of student equity Institutional barriers to equity Goals for access, retention, degree and certificate completion, English as a Second Language (ESL) and basic skills completion, and transfer for each historically underrepresented group Activities most likely to be effective to attain the goals, including coordination of existing student equity related programs A schedule and process for evaluation of progress towards the goals An executive summary that describes the groups for whom goals have been set, the goals, the initiatives that the District will undertake to achieve the goals, the resources budgeted for that purpose, and the District officer or employee who can be contacted for further information The Student Equity Plan shall be developed, maintained, and updated under the supervision of the CSSO. References: Education Code Sections 66030, 66250 et seq., and 72010 et seq.; Title 5 Section 54220 College Council 2/2/2015 Page 123 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP5300 STUDENT EQUITY The District’s Student Equity Plan will include: • Recommended formats for active involvement of constituent groups on campus; • Activities to involve appropriate people from the community who can articulate the perspective and concerns of historically underrepresented groups; •Campus-based research on student equity indicators based upon operational definitions provided by the Chancellor’s office and additional indicators operationally defined by the SEP; • Identification of institutional barriers to equity; • Specific data based goals for access, retention, degree and certificate completion, course success, English as a Second Language (ESL) and basic skills completion, campus climate and transfer for each historically underrepresented group; •A framework for implementation of the Student Equity Plan; •Research based activities proven effective to attain data determined goals; •Suggested funding sources for the activities in the plan; •Responsible parties for engaging activities; •A schedule and process for evaluation of progress towards the goals; •An executive summary that describes the groups for whom goals have been set, the goals, the initiatives that the District will undertake to achieve the goals, the resources budgeted for that purpose, and; •The District officer or employee who can be contacted for further information. The President/Superintendent is responsible for the implementation of the Plan. The Student Equity Plan will be updated every three years. The Student Equity Plan Committee will provide direction to the program, will identify internal an d external funding sources, prioritize activities, and assess progress towards achieving specified goals and implementing activities . The Student Equity Plan Committee reports on the progress of the SEP annually to the Board of Trustees, the Academic Senate and College Council .The Student Equity Plan Committee Chair shall be appointed by the President / Superintendent from the membership as stipulated in the Plan: •The President/Superintendent; •College Council Representative; •Chief Instructional Officer; •Chief Student Services Officer; •One Senator of the Academic Senate; •One Multicultural and Diversity Committee Representative; •One representative from the Institutional Research Office; •One Instructional Dean; •One ASCR representative. College Council 2/2/2015 Page 124 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure BP 5530 STUDENT COMPLAINTS The Board of Trustees authorizes the administration to develop regulations and procedures to equitably resolve a student's complaint that his/her legal rights, status, or privileges as a student have been adversely affected by a College decision or action. The regulations and procedures developed by the administration will follow these general principles: 1.A complaint cannot be anonymous, and the complaint must be filed within one month of the incident addressed in the complaint. 2.This procedure has no jurisdiction over complaints for which separate legal processes are in existence as provided by law. 3.The intent of the process is that all participants shall respect the rights of all other parties, maintain confidentiality of the participants and nature of the complaint, and refrain from indiscriminate or inappropriate discussion of the case. Such discussion might endanger due process as well as the integrity of all participants by fostering rumor and prejudice. It is not the intent of this policy to infringe upon the academic freedom or legal right of the faculty member or the student. Adopted by Board of Trustees: February 4, 1980 Amended: May 2, 1994