College Council 4/6/2015 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT College Council April 6, 2015 3:00 p.m. – Board Room AGENDA 1. Minutes Dated 3/2/2015 (Page 4) NEW BUSINESS 1. BP and AP 3720 Computer and Network Use (Page 15) a. Review policy and procedure changes 2. AP 4021Program Revitalization, Suspension, or Discontinuation (Page 24) a. Review procedure changes 3. BP 4223 Academic Recognition (Page 28) a. Review policy changes 4. AP 7217 Faculty Prioritization Process (Page 30) a. Review procedure changes OLD BUSINESS: 1. BP and AP 3300 Public Records (Page 33) a. Review policy changes and new administrative procedure 2. BP and AP 3310 Record Retention (Page 36) a. Review policy changes and new administrative procedure 3. BP 3500 College Safety Program (Page 41) a. Review policy changes 4. BP and AP 3530 Weapons on Campus (Page 42) a. Review new policy and procedure 5. BP and AP 3750 Instructional Materials and Copyright Policy (Page 44) a. Review policy and procedure changes 6. BP 3820 Gifts Grants Donations (Page 58) a. Review policy changes 7. BP 3912 Relations with Special Interest Groups (Page 60) a. Review policy changes College Council 4/6/2015 Page 2 8. BP 4025 Philosophy and Criteria for Associate Degree and General Education (Page 61) a. Review policy changes 9. BP 4030 Academic Freedom (Page 65) a. Review policy changes 10. BP and AP 4040 Library Services (Page 66) a. Review policy and procedure changes 11. BP 4060 Delineation of Functions Agreements (Page 71) a. Review current policy 12. BP and AP 4250 Probation, Dismissal, and Readmission (Page 72) a. Review new policy and revisions to the procedure 13. BP and AP 4300 Field Trips and Excursions (Page 79) a. Review policy and procedure changes 14. BP 4400 Community Service Programs (Page 85) a. Review policy changes 15. BP and AP 5015 Residence Determination (Page 86) a. Review current policy and changes to the procedure 16. BP and AP 5020 Nonresident Tuition (Page 93) a. Review policy and procedure changes 17. AP 5500 Student Conduct Code and Disciplinary Procedures (Page 98) a. Review policy changes 18. BP and AP 5501 Locker Search (Page 129)Review policy changes and new administrative procedure 19. BP and AP 5570 Student Credit Card Solicitation (Page 131) a. Review new policy and procedure 20. Sunset Recommendations (Page 133) a. AP 3411 Student Nondiscrimination Plan b. AP 3412 Access to Programs and Facilities c. BP and AP 3502 Children on Campus d. BP and AP 3910 Campus Guest Speaker e. BP and AP 3911 Classroom Guest Speakers College Council 4/6/2015 Page 3 f. AP 4302 Student Use of Personal Automobiles for District Sponsored Activities When District Transportation is Available g. AP 5014 Evaluation of Military Experience h. BP and AP 5032 Mandatory Student Fee Elections i. BP 5151 Community Relations j. BP 5206 Accident Reports Policy and Procedure Tracking Number BP/AP 4100 BP/AP 4231 BP/AP 2105 BP/ AP 6331 BP/AP 3900 Title Graduation Requirements for Degrees and Certificates 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 Employee Microcomputer Purchase Tabled – waiting for negotiations Speech: Time, Place, and Manner In ASPC que Grade Changes College Council 4/6/2015 Page 4 College Council Minutes nd March 2 , 2015 Page 1 REDWOODS COMMUNITY COLLEGE DISTRICT Minutes of the College Council Meeting 7351 Tompkins Hill Road, Eureka, CA, Board Room Monday March 2, 2015 MEMBERS PRESENT Keith Snow-Flamer, Ahn Fielding, Lee Lindsey, Pru Ratliff, Rory Johnson, Thomas Zagoria, Debbie Topping, Steve Sandeen, Barbara Jaffari, Mike Haley MEMBERS ABSENT Kathy Smith, Angelina Hill, Jolene Gates CALL TO ORDER Vice President Keith Snow-Flamer called the meeting to order at 3:00 p.m. MINUTES DATED 11/3/2014 A motion was made by Pru Ratliff and seconded by Keith Snow-Flamer to approve the minutes dated 2/2/2015. ACTION A vote was taken and Council voted unanimously to approve the minutes as presented. NEW BUSINESS BP AND AP 3300 PUBLIC RECORDS The BP was cleaned up to be only one line. A motion was made by Debbie Topping and seconded by Pru Ratliff to send BP and AP 3300 Public Records out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 3300 Public Records out for a 30 day constituent review. BP AND AP 3310 RECORD RETENTION Council member asked what is meant by period one and period two in section 4.4 of the AP. It was stated that it is probably referring to class one and two. A motion was made by Steve Sandeen and seconded by Thomas Zagoria to send BP and AP 3310 Record Retention out for a 30 day constituent review contingent upon the aforementioned question being asked during the review period. ACTION A vote was taken and Council voted unanimously to send BP and AP 3310 Record Retention out for a 30 day constituent review. BP 3500 COLLEGE A motion was made by Pru Ratliff and seconded by Steve Sandeen to Minutes-College Council Page 2 of 11 nd March 2 , 2015 SAFETY PROGRAM College Council 4/6/2015 Page 5 send BP 3500 College Safety Program for a 30 day constituent review. ACTON A vote was taken and Council voted unanimously to send BP 3500 College Safety Program out for a 30 day constituent review. BP AND AP 3530 WEAPONS ON CAMPUS Council member asked about cooking knives in relation to the language that states that no fixed blades are allowed on campus. A motion was made by Steve Sandeen and seconded by Ahn Fielding to send BP and AP 3530 Weapons on Campus out for a 30 day constituent review contingent upon the clarification regarding fixed blades. ACTION A vote was taken and Council voted unanimously to send BP and AP 3530 Weapons on Campus out for a 30 day constituent review contingent upon the clarification regarding fixed blades. BP AND AP 3750 INSTRUCTIONAL MATERIALS AND COPYRIGHT POLICY Council member stated that the language regarding cumulative effect guidelines is duplicated and that one should be removed. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP and AP 3750 Instructional Materials and Copyright Policy out for a 30 day constituent review contingent upon the removal of the duplicate language regarding cumulative effect guidelines. ACTION A vote was taken and Council voted unanimously to send BP and AP 3750 Instructional Materials and Copyright Policy out for a 30 day constituent review contingent upon the removal of the duplicate language regarding cumulative effect guidelines. BP 3820 GIFTS Council member stated that the language “Individuals and Organizations” in the last paragraph should be stricken. A motion was made by Debbie Topping and seconded by Lee Lindsey to send BP 3820 Gifts out for a 30 day constituent review contingent upon the removal of the language “Individuals and Organizations.” ACTION A vote was taken and Council voted unanimously to send BP 3820 Gifts out for a 30 day constituent review contingent upon the removal of the language “Individuals and Organizations.” BP AND AP 3900 SPEECH: TIME, PLACE, AND MANNER Council member stated that the Academic Senate should review this before it comes to College Council for review. A motion was made by Mike Haley and seconded by Pru Ratliff to table BP and AP 3900 Speech: Time, Place, and Manner. College Council 4/6/2015 Page 6 Minutes-College Council Page 3 of 11 nd March 2 , 2015 TABLED A vote was taken and Council voted unanimously to table BP and AP 3900 Speech: Time, Place, and Manner. BP 3912 REALATIONS WITH SPECIAL INTEREST GROUPS Language was updated to reflect best practices. A motion was made by Barbara Jaffari and seconded by Ahn Fielding to send BP 3912 Relations with Special Interest Groups out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 3912 Relations with Special Interest Groups out for a 30 day constituent review. BP 4025 PHILOSOPHY AND CRITERIA FOR ASSOCIATE DEGREE AND GENERAL EDUCATION Language was updated to reflect best practices. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP 4025 Philosophy and Criteria for Associate Degree and General Education out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 4025 Philosophy and Criteria for Associate Degree and General Education out for a 30 day constituent review. BP 4030 ACADEMIC FREEDOM The only change is in the “references” section. A motion was made by Steve Sandeen and seconded by Pru Ratliff to send BP 4030 Academic Freedom out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 4030 Academic Freedom out for a 30 day constituent review. BP AND AP 4040 LIBRARY SERVICES A motion was made by Steve Sandeen and seconded by Debbie Topping to send BP and AP 4040 Library Services out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 4040 Library Services out for a 30 day constituent review. BP 4060 DELINEATION OF FUNCTIONS AGREEMENTS There are no changes to this BP – it is being brought forward for review of the current policy. Discussion ensued regarding dual enrollment outside of high school hours. It was stated that in that case there is not a need for an MOU. College Council 4/6/2015 Page 7 Minutes-College Council Page 4 of 11 nd March 2 , 2015 A motion was made by Steve Sandeen and seconded by Lee Lindsey to send BP 4060 Delineation of Functions Agreements out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 4060 Delineation of Functions Agreements out for a 30 day constituent review. BP AND AP 4250 PROBATION, DISMISSAL, AND READMISSION Council member suggested changing the title to “Academic Probation, Dismissal, and Readmission” for clarification purposes. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP and AP 4250 Probation, Dismissal, and Readmission out for a 30 day constituent review contingent upon the addition of the word “Academic” in the title. ACTION A vote was taken and Council voted unanimously to send BP and AP 4250 Probation, Dismissal, and Readmission out for a 30 day constituent review contingent upon the addition of the word “Academic” in the title. BP AND AP 4300 FIELD TRIPS AND EXCURSION Updated to reflect league language and best practices. Council member asked how transportation is made available to students for field trips. Council member asked how students with disabilities are accommodated when it comes to field trips and transportation. Council member stated that the College should be providing all transportation for field trips. Council member suggested adding language that states that students will not be penalized if they are unable to attend a field trip. Council member stated that Trish Blair should review this policy and procedure. Council member suggested changing no. 4 to say 10-14 days instead of 5 days. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP and AP 4300 Field Trips and Excursions out for a 30 day constituent review contingent upon the aforementioned change and with the intent that the aforementioned questions would be answered. ACTION A vote was taken and Council voted unanimously to send BP and AP 4300 Field Trips and Excursions out for a 30 day constituent review College Council 4/6/2015 Page 8 Minutes-College Council Page 5 of 11 nd March 2 , 2015 contingent upon the aforementioned parameters. BP 4400 COMMUNITY SERVICE PROGRAMS A motion was made by Ahn Fielding and seconded by Pru Ratliff to send BP 4400 Community Service Programs out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP 4400 Community Service Programs out for a 30 day constituent review. BP AND AP 5015 RESIDENCE DETERMINATION Council member stated that the language “Vice President” should be removed from the last paragraph of the AP. A motion was made by Ahn Fielding and seconded by Thomas Zagoria to send BP and AP 5015 Residence Determination 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 5015 Residence Determination out for a 30 day constituent review contingent upon the aforementioned changes. BP AND AP 5020 NONRESIDENT TUITION A motion was made by Ahn Fielding and seconded by Barbara Jaffari to send BP and AP 5020 Nonresident Tuition out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 5020 Nonresident Tuition out for a 30 day constituent review. AP 5500 STUDENT CONDUCT CODE AND DICIPLINARY PROCEURES The AP was revised to make the language more consistent with the new BP 5502. Council member stated that there are some unusual highlights that should be removed. Council member suggested removing the reference to articles from the AP. A motion was made by Steve Sandeen and seconded by Thomas Zagoria to send AP 5500 Student Conduct Code and Disciplinary Procedures out for a 30 day constituent review contingent upon the aforementioned changes. ACTION A vote was taken and Council voted unanimously to send AP 5500 Student Conduct Code and Disciplinary Procedures out for a 30 day constituent review contingent upon the aforementioned changes. College Council 4/6/2015 Page 9 Minutes-College Council Page 6 of 11 nd March 2 , 2015 BP AND AP 5501 LOCKER SEARCH This was sent to the attorneys for review as well as to Danielle at Academy of the Redwoods. A motion was made by Barbara Jaffari and seconded by Ahn Fielding to send BP and AP 5501 Locker Search out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send BP and AP 5501 Locker Search out for a 30 day constituent review. BP AND AP 5570 STUDENT CREDIT CARD SOLICIATION Council member asked if there should be a policy or procedure that covers other student solicitations on campus such as insurance, banks, gyms, etc. A motion was made by Thomas Zagoria and seconded by Debbie Topping to send BP and AP 5570 Student Credit Card Solicitation out for a 30 day constituent review with the intent that the aforementioned questions be asked during the review period. ACTION A vote was taken and Council voted unanimously to send BP and AP 5570 Student Credit Card Solicitation out for a 30 day constituent review with the intent that the aforementioned questions be asked during the review period. SUNSET RECOMMENDATIONS AP 3411 STUDENT NONDISCRIMINATION PLAN No comment. AP 3412 ACCESS TO PROGRAMS AND FACILITIES No comment. BP AND AP 3502 CHILDREN ON CAMPUS No comment. BP AND AP 3910 CAMPUS GUEST SPEAKER No comment. BP AND AP 3911 CLASSROOM GUEST SPEAKER No comment. College Council 4/6/2015 Page 10 Minutes-College Council Page 7 of 11 nd March 2 , 2015 AP 4302 STUDENT USE OF PERSONAL AUTOMOBILIES FOR DISTRICT SPONSORED ACTIVITIES WHEN DISTRICT TRANSPORTATION IS AVAILABLE No comment. AP 5014 EVALUATION OF MILITARY EXPERIENCE No comment. BP AND AP 5032 MANDATORY STUDENT FEE ELECTIONS No comment. BP 5151 COMMUNITY RELATIONS No comment. BP 5206 ACCIDENT REPORTS No comment. A motion was made by Lee Lindsey and seconded by Steve Sandeen to send the sunset recommendations out for a 30 day constituent review. ACTION A vote was taken and Council voted unanimously to send the sunset recommendations out for a 30 day constituent review. OLD BUSINESS BP AND AP 3410 NONDISCRIMINATION Council member stated that the language in 3410, 3420, and 3430 should be consistent. A motion was made by Steve Sandeen and seconded by Lee Lindsey to send BP and AP 3410 Nondiscrimination 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 3410 Nondiscrimination to the Board for a first read contingent upon the aforementioned change. AP 3420 EQUAL EMPLOYMENT OPPORTUNITY A motion was made by Steve Sandeen and seconded by Rory Johnson to send AP 3420 Equal Employment Opportunity to the Board for a first read. College Council 4/6/2015 Page 11 Minutes-College Council Page 8 of 11 nd March 2 , 2015 ACTION A vote was taken and Council voted unanimously to send AP 3420 Equal Employment Opportunity to the Board for a first read. BP 3430 PROHIBITION OF HARASSMENT No constituent feedback A motion was made by Debbie Topping and seconded by Pru Ratliff to send BP 3430 Prohibition of Harassment to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 3430 Prohibition of Harassment to the Board for a first read. BP AND AP 3560 ALCOHOLIC BEVERAGES ON CAMPUS Discussion ensued regarding servers not drinking. A motion was made by Ahn Fielding and seconded by Lee Lindsey to send BP and AP 3560 Alcoholic Beverages on Campus to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 3560 Alcoholic Beverages on Campus to the Board for a first read. BP 3601 COLLEGE OF THE REDWOODS FOUNDATION No constituent feedback. A motion was made by Ahn Fielding and second by Steve Sandeen to send BP 3601 College of the Redwoods Foundation to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 3601 College of the Redwoods Foundation to the Board for a first read. BP AND AP 6750 PARKING Council member stated that Ron Waters asked if he could review this policy and procedure prior to it coming to College Council. A motion was made by Steve Sandeen and seconded by Pru Ratliff to table BP and AP 6750 Parking so that it can be reviewed by Ron Waters. TABLED A vote was taken and Council voted unanimously to table BP and AP 6750 Parking. BP 7150 EVALUATION No constituent feedback. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP 7150 Evaluation to the Board for a first read. College Council 4/6/2015 Page 12 Minutes-College Council Page 9 of 11 nd March 2 , 2015 ACTION A vote was taken and Council voted unanimously to send BP 7150 Evaluation to the Board for a first read. AP 7160 PROFESSIONAL DEVELOPMENT No constituent feedback. A motion was made by Barbara Jaffari and seconded by Mike Haley to send AP 7160 Professional Development to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send AP 7160 Professional Development to the Board for a first read. BP 7235 PROBATIONARY PERIOD: CLASSIFIED EMPLOYEES No constituent feedback. A motion was made by Steve Sandeen and seconded by Thomas Zagoria to send BP 7235 Probationary Period: Classified Employees to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP 7235 Probationary Period: Classified Employees to the Board for a first read. BP AND AP 7240 CONFIDENTIAL EMPLOYEES No constituent feedback. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send BP and AP 7240 Confidential Employees to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 7240 Confidential Employees to the Board for a first read. BP AND AP 7262 MANAGEMENT PERFORMANCE EVALUATION Council member asked about the process for the faculty evaluator. Council member asked if they are acting as a faculty representative. Council member suggested changing the language to “faculty evaluator representative”. Council member suggested making the word “PASS” lowercase instead of uppercase. A motion was made by Barbara Jaffari and seconded by Debbie Topping to send BP and AP 7262 Management Performance Evaluation to the Board for a first read contingent upon the aforementioned change. ACTION A vote was taken and Council voted to send BP and AP 7262 Management Performance Evaluation to the Board for a first read contingent upon the aforementioned change (Steve Sandeen voted nay). College Council 4/6/2015 Page 13 Minutes-College Council Page 10 of 11 nd March 2 , 2015 BP AND AP 7340 LEAVES A motion was made by Steve Sandeen and seconded by Pru Ratliff to send BP and AP 7340 Leaves to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send BP and AP 7340 Leaves to the Board for a first read. SUNSET RECOMMENDATIONS BP 7162 PROMOTION No constituent feedback. AP 7163 PROFESSIONAL STAFF DEVELOPMENT LEVELS No constituent feedback. BP 7241 CONFIDENTIAL STAFF PROBATIONARY PERIOD No constituent feedback. BP 7243 RELEASE TIME FOR CONFIDENTIAL STAFF No constituent feedback. BP 7511 CONSENSUAL RELATIONSHIPS No constituent feedback. A motion was made by Debbie Topping and seconded by Steve Sandeen to send the sunset recommendations to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send the sunset recommendations to the Board for a first read. INTERIM ADMINISTRATIVE PROCEDURES Council member stated that security needs to be changed to public safety on multiple AP’s in the group. AP 3507 FIRE SAFETY No constituent feedback. AP 3520 LOCAL LAW ENFORCEMENT No constituent feedback. College Council 4/6/2015 Page 14 Minutes-College Council Page 11 of 11 nd March 2 , 2015 AP 3540 SEXUAL AND OTHER ASSAULTS ON CAMPUS No constituent feedback. AP 5502 STUDENT SEXUAL MISCONDUCT INCLUDING SEXUAL VIOLENCE No constituent feedback. A motion was made by Pru Ratliff and seconded by Steve Sandeen to send the Interim Administrative Procedures to the Board for a first read. ACTION A vote was taken and Council voted unanimously to send the Interim Administrative Procedures to the Board for a first read. ADJOURN Vice President Keith Snow-Flamer adjourned the meeting at 4:15 p.m. College Council 4/6/2015 Page 15 REDWOODS COMMUNITY COLLEGE DISTRICT Draft Proposed BP 3720 Board Policy Number Update only from Board of Trustees Policy No. 824 USE OF INFORMATION RESOURCES Computer and Network Use Employees and students who use District computers and networks and the information they contain, and related resources have a responsibility not to abuse those resources and to respect the rights of others. The President/Superintendent shall establish procedures that provide guidelines to students and staff for the appropriate use of information technologies. The procedures shall include that users must respect software copyrights and licenses, respect the integrity of computer-based information resources, refrain from seeking to gain unauthorized access, and respect the rights of other computer users. The Administration will establish regulations that define acceptable uses of College information resources. These regulations shall address such uses as copyrights and licenses, integrity of information resources, unauthorized access, privacy, and political, personal, Internet, and commercial use. Among the information resources to be included are microcomputers, computer systems, networks, message systems, facsimile machines, copy machines, telephones, Web Pages, and the Internet. The primary users of these resources are students, faculty, and staff. Unacceptable use is prohibited and may be grounds for loss of computing privileges, as well as discipline and/or legal sanctions under federal, state, and local law. Former Board of Trustees Policy No. 824, number update only on June 5, 2012 Adopted, Board of Trustees: April 6, 1998 College Council 4/6/2015 Page 16 REDWOODS COMMUNITY COLLEGE DISTRICT Draft AP 3720 Administrative Procedure Number Update only from Administrative Regulation No. 824.01 USE OF INFORMATION RESOURCES Computer and Network Use The District Computer and Network systems are the sole property of Redwoods Community College District. They may not be used by any person without the proper authorization of the District. The Computer and Network systems are for District instructional and work related purposes only. This procedure applies to all District students, faculty, and staff and to others granted use of District information resources. This procedure refers to all District information resources whether individually controlled or shared, stand-alone or networked. It applies to all computer and computer communication facilities owned, leased, operated, or contracted by the District. This includes personal computers, workstations, mainframes, minicomputers, and associated peripherals, software and information resources, regardless of whether used for administration, research, teaching, or other purposes. Conditions of Use Individual units within the District may define additional conditions of use for information resources under their control. These statements must be consistent with this overall procedure but may provide additional detail, guidelines, or restrictions. Legal Process This procedure exists within the framework of the District Board Policy and state and federal laws. A user of District information resources who is found to have violated any of these policies will be subject to disciplinary action up to and including but not limited to loss of information resources privileges; disciplinary suspension or termination from employment or expulsion; and/or civil or criminal legal action. The following regulations are established to define acceptable uses of district records and information resources, which include microcomputers, computer systems, networks, message systems, facsimile machines, copy machines, telephones, Web pages, and the Internet. The primary users of these resources are students, faculty, and staff, although some resources are available to the general public at the district's Learning Resource Center (LRC) or in the form of publicly accessible district Web pages. A. Copyrights and Licenses. Computer users must respect the legal protection of copyright and license agreements for software, data, and other online information. 1. Copying. Software protected by copyright must not be copied except as specifically stipulated by the owner of the copyright or as otherwise permitted by copyright law. Protected software may not be copied into, from, or by any district facility or system, except pursuant to a valid license or as otherwise permitted by copyright law. 2. Number of Concurrent Simultaneous Users. Software license agreements must be respected and strictly followed in every case. If a software license is based on concurrent College Council 4/6/2015 Page 17 use, then the number and distribution of copies must be handled in such a way that the number of concurrent users does not exceed the number licensed by the district. The number and distribution of copies must be handled in such a way that the number of simultaneous users in a department does not exceed the number of original copies purchased by that department, unless otherwise stipulated in the purchase contract. 3. Copyrights. In addition to software, all other copyrighted information (text, images, icons, programs, etc.) retrieved from computer or network resources must be used in conformance with applicable copyright and other law. Copied material must be properly attributed. Plagiarism of computer information is subject to the same sanctions that apply to plagiarism in any other media. prohibited in the same way that plagiarism of any other protected work is prohibited B. Integrity of Information Resources. Users must respect the integrity of information resources; for example, users shall not intentionally use computer resources in a wasteful or inappropriate manner or develop computer programs that harass other users or infiltrate a computer or system and/or damage or alter the software components of a computer or system. Within available resources, the District provides access to information resources, but the District does not guarantee nor expect to provide completely uninterrupted uptime. For example, it is expected and anticipated that information resources may fail or malfunction from time-to-time, that acts of God may interrupt services, that routine maintenance will take services offline temporarily, and that strategic District decisions on the allocation of resources will dictate the decommissioning of services, so that information resources may be unavailable at a particular time. The District provides backup resources on a “best effort” basis. These backup resources do not guarantee and should not be relied upon to provide unqualified backup services. 1. Modification or Removal of Equipment. Computer users must not attempt to modify or remove district computer equipment, software, or peripherals without proper authorization. Unauthorized Use. Computer users must not interfere with others access and use of the District computers. This includes but is not limited to: the sending of chain letters or excessive messages, either locally or off-campus; printing excess copies of documents, files, data, or programs, running grossly inefficient programs when efficient alternatives are known by the user to be available; unauthorized modification of system facilities, operating systems, or disk partitions; attempting to crash or tie up a District computer or network; and damaging or vandalizing District computing facilities, equipment, software or computer files. 2. Installation of Equipment. In order to ensure proper configuration and safeguard network security and performance, no computers or printers may be attached to the district's network or telephone lines except by means of a Work Request submitted to the Information Technology Technical Support Services group (or appropriate system administrator at a particular site). The only exceptions to the foregoing are the following: College Council 4/6/2015 Page 18 a. Day-use placement of personal laptop computers within specifically posted areas in the district's libraries, LRC, or other designated sites (in which case local dial-tone service, for access to existing local ISP accounts, shall be offered rather than direct connection to the district's network); and b. Temporary connection of specific sets of district-owned and controlled computers to specific district wireless network access points intended to support those computers. Any unauthorized installation of general network access devices, such as routers, hubs, sniffers, or wireless access points is strictly prohibited and constitutes a serious breach of student or employee conduct. 3. Encroaching on Others' Access and Use. Computer users must not encroach on others' access and use of the district's computers. This includes, but is not limited to: the sending of excessive messages or chain letters, either locally or off-campus; printing excess copies of documents, files, data, or programs; unauthorized modification of system facilities, operating systems, programs, or data; attempting to crash or otherwise make unavailable a district computer or network; and damaging or vandalizing district computing facilities, equipment, cabling, software, or computer files. 4. Unauthorized, Destructive, or Resource-sharing Programs. Computer users must not intentionally develop or use programs that disrupt other computer users or that attempt to access private or restricted portions of the system and/or damage the software or hardware components of the system. Computer users must take all reasonable precautions to ensure that they do not acquire or propagate "malware" agents, including viruses, trojans, or worms, which interfere with other computer users or which compromise the integrity or operation of the district's computing network in part or in whole. Computer users must ensure that they do not use programs or utilities that interfere with other computer users or that modify normally protected or restricted portions of the system or user accounts. The use of any unauthorized or destructive program will result in disciplinary action as provided in this procedure, and may further lead to civil or criminal legal proceedings. Also, unless explicitly authorized by a district official, the use of any district network or computers for resource-sharing, in conjunction with or on behalf of outside parties, is forbidden. Some examples of such disallowed resource-sharing include peer-topeer file sharing (e.g., Kazaa or Napster), CPU sharing (e.g., "SETI @ home"), or other externally accessible services (e.g., unauthorized deployment of Web servers, mail servers, or streaming-media servers). Unauthorized services or protocols may be blocked at network gateways or firewalls at the district's discretion. The use of any unauthorized or destructive program, service, or outside connection may result in College Council 4/6/2015 Page 19 legal civil action for damages or other punitive action by any injured party, including the district, as well as criminal action. 5. computers for any use other than that permitted by the lab instructor's directives or by lab, library, or LRC policies. In particular, actions that are disruptive of instruction-such as the use of external e-mail services or accounts, Instant Messaging or similar chat mechanisms, and non-instruction-related Web browsing--are not permitted in labs during class sessions unless explicitly authorized by the lab instructor. C. Unauthorized Access. Computer users must refrain from seeking to gain unauthorized access to information resources or enabling unauthorized access. 1. Abuse of Computing Privileges. Users of district information resources must not deploy any programs or techniques intended to gain for themselves or others access to or control over system resources for which they have not been officially authorized. Computer users must not use a computer account that they are not authorized to use, must not mask the identity of any login account or machine that they use, and must not engage in any action intended to cause a disruption or "denial of service" to any computer or system belonging either to the district or to outside parties. Unauthorized access or destructive actions directed at outside networks or computer systems using district resources will be treated as an abuse of district computing privileges. Use of a district computer resource in an attempt to misrepresent oneself as another party or as an agent of the district is forbidden. 2. Reporting Problems. Any malfunctioning computer work station must be reported to the appropriate authority at that location, such as a lab instructor, lab monitor, or library assistant. Users must not attempt to repair malfunctioning equipment except as part of a class lesson under the supervision of an instructor or instructional assistant. Any defects discovered in system accounting or system security must be reported to the appropriate system administrator so that steps can be taken to investigate and solve the problem. Users who suspect that their district-provided computers or network accounts have been accessed without their permission are expected to change their passwords and must report the suspected activity to a district official. 3. Password Protection. Responsible use includes choosing passwords that are not identical to the user's logon ID or otherwise easily deduced by others. A computer user who has been authorized to use a password-protected account may be subject to civil and criminal liability, and/or employee discipline, if the user discloses the password or otherwise makes the account available to others without permission of the administrator who made the authorization. Users should be aware that outsiders may attempt to impersonate administrators and technicians in an attempt to obtain users' passwords. Users must, therefore, require appropriate, verifiable identification from anyone asking them to divulge their password. College Council 4/6/2015 Page 20 D. Usage Privacy. Computer users must respect the privacy of other computer users. An attempt to circumvent mechanisms and systems to gain unauthorized access to any system or to private information is a violation of district policy and may violate applicable laws. Although the district will attempt to protect the privacy of individual user's data and files, authorized system administrators may obtain access to computer users' files, including electronic mail, as necessary to service or troubleshoot network issues, as part of monitoring network traffic flows, or to investigate suspected violations of this policy, including unlawful activity. System administrators will report suspected unlawful or improper activities to the proper district administrator or legal officials. 1. Unlawful Messages. Users may not use electronic communication facilities to send defamatory, fraudulent, harassing, obscene, threatening, or other messages that violate applicable federal, state or other law or District policy, or which constitute the unauthorized release of confidential information. .Electronic communication facilities (such as mail, voice, or systems with similar functions) are intended for legitimate district-related activities only. System users are prohibited from sending fraudulent, harassing, obscene, threatening, or abusive messages and are cautioned that such messages may violate applicable federal, state, or local laws as well as the district's Student Code of Conduct (Administrative Regulation 505.01). All message systems are available for review by authorized institutional representatives in the event that violations of this policy are suspected. 2. E-mail Lists. Users must respect the purpose and charters of computer mailing lists. The user of an electronic mailing list is responsible for determining the purpose of the list before sending messages to or receiving messages from the list. Subscribers to an electronic mailing list will be viewed as having solicited any material delivered by the list as long as that material is consistent with the purpose of the list. Persons sending to a mailing list any materials that are not consistent with the purpose of the list will be viewed as having sent unsolicited material. 3. Commercial Usage Advertisements. Electronic communication facilities may not be used to transmit commercial or personal advertisements, solicitations or promotions (see Commercial Use, below). In general, the district's electronic communication facilities should not be used to transmit commercial or personal advertisements, solicitations, or promotions (See Section E.5, Commercial Use, below). 4. Information Belonging to Others. Users must not intentionally seek or provide information on, obtain copies of, or modify data files, programs, or passwords belonging to other users without the permission of those other users. Rights of Individuals. Users must not release any individual’s (student, faculty, and staff) personal information to anyone without proper authorization. User identification. Users shall not send communications or messages anonymously or without accurately identifying the originating account or station. 5. Confidentiality. The district does not exist in isolation from other communities and jurisdictions and their laws. Under some circumstances, as a result of investigations, subpoena, or lawsuits, the district may be required by law to provide electronic or other records or information relating to use of information resources. 6. Electronic Communications Privacy. While reasonable attempts are made to ensure College Council 4/6/2015 Page 21 the privacy of electronic communication, including electronic mail, there is no guarantee that these communications are private. Messages sent over the Internet may be intercepted or divulged by various means, including actions of external senders or recipients. In addition, as noted at the beginning of this section (Section D, Privacy), routine system operations as well as the investigation of policy violations or crimes may result in the divulging of e-mail messages. E. Political, Personal, Internet, Web-page, and Commercial Use. The District is a non-profit, tax-exempt organization and, as such, is subject to specific federal, state and local laws regarding sources of income, political activities, use of property and similar matters The district is subject to specific federal, state and local laws regarding sources of income, use of real estate, and similar matters. It also is a contractor with government and other entities and thus must assure proper use of property under its control and allocation of overhead and similar costs. 1. Political Use. The district information resources must not be used for partisan political activities where prohibited by federal, state, or other applicable laws, and may be used for other political activities only when in compliance with federal, state, and other laws and in compliance with applicable district policies. 2. Personal Use. The district information resources should not be used for personal or private activities not related to appropriate district functions, except in an incidental manner. Any such incidental use must not violate any other portion of this policy. In the case of limited resources, such as a limited number of computers in a library where students are waiting, educational purposes must always be given precedence over personal use. 3. Internet Use. The use of district resources to access the Internet is a privilege and not a right. The Internet and its resources are provided to support educational activities, including skills acquisition, research, and academic inquiry. Use of computer resources to access the Internet must comply with all aspects of this policy. 4. Web-page Use. The district may provide resources to students and faculty for the development of Internet Web content in connection with specific instructional activities. All student-, faculty-, or staff-developed Web pages must conform to copyright laws, relevant local, state, and federal laws, and these and other district guidelines and policies. 5. Commercial Use. The district information resources must not be used for commercial purposes except as permitted under other written policies of the district or with the written approval of a district officer having the authority to give such approval. Any such commercial use must be properly related to district activities, take into account proper cost allocations for government and other overhead determinations, and provide for appropriate reimbursement to the district for taxes and other costs the district may incur by reason of the commercial use. Users also are reminded that the district's ".edu" domain on the Internet has rules restricting or prohibiting commercial use. F. Prohibition Against Creation of a Hostile Work or Learning Environment. In conjunction with the values of free speech and academic freedom, the district is committed to inclusiveness and diversity, reflecting respect for the wide-ranging diversity of its population as well as for a diversity of good-faith opinions and views. In light of that College Council 4/6/2015 Page 22 commitment, district information resources must not be intentionally used to transmit, receive, store, or print material that is explicitly threatening, obscene, disruptive, or otherwise belittling or intolerant of others, to the degree that it could thereby be construed as contributing to the creation of a hostile work or learning environment. Nondiscrimination. All users have the right to be free from any conduct connected with the use of Redwoods Community College District network and computer resources which discriminates against any person on the basis of 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. No user shall use the District network and computer resources to transmit any message, create any communication of any kind, or store information which violates any District procedure regarding discrimination or harassment, or which is defamatory or obscene, or which constitutes the unauthorized release of confidential information. No Expectation of Privacy. The District reserves the right to monitor all use of the District network and computer to assure compliance with these policies. Users should be aware that they have no expectation of privacy in the use of the District network and computer resources. The District will exercise this right only for legitimate District purposes, including but not limited to ensuring compliance with this procedure and the integrity and security of the system. Possibility of Disclosure. Users must be aware of the possibility of unintended disclosure of communications. Retrieval. It is possible for information entered on or transmitted via computer and communications systems to be retrieved, even if a user has deleted such information. Public Records. The California Public Records Act (Government Code Sections 6250 et seq.) includes computer transmissions in the definition of “public record” and nonexempt communications made on the District network or computers must be disclosed if requested by a member of the public. Litigation. Computer transmissions and electronically stored information may be discoverable in litigation. G. Employee Responsibilities Related to Student Records, Including Electronic Records. Employees of the district who have access to electronic student records must be aware of and comply with the district regulations regarding the privacy of student records (specifically including AR 506.01, Student Records). Compliance with these regulations includes, but is not limited to: 1. 2. 3. 4. Maintaining security of records and information. Maintaining appropriate privacy of records. Avoiding inappropriate discussion of student records. Destroying and/or deleting records when appropriate. H. Violations. Violation of regulations regarding the use of information resources and/or regulations related to student records is grounds for imposing disciplinary action up to and including expulsion, dismissal from employment, and/or legal action. College Council 4/6/2015 Page 23 Dissemination and User Acknowledgment. All users shall be provided copies of these procedures and be directed to familiarize themselves with them. References: 17 U.S. Code Sections 101 et seq.; Penal Code Section 502, Cal. Const., Art. 1 Section 1; Government Code Section 3543.1(b); Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45 Former Administrative Regulation No. 824.01, number change only on June 5, 2012 Approved: April 6, 1998 Revised: 11/5/02; 6/3/03 College Council 4/6/2015 Page 24 Copy with Senate suggested revisions shown REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4021 PROGRAM REVITALIZATION, SUSPENSION, OR DISCONTINUATION Philosophy and Purpose The College of the Redwoods District is committed to upholding the vitality and integrity of its educational programs through processes of regular and ongoing evaluation. This may lead to instances where there are concerns about program viability and that may cause a program to be recommended to the President/Superintendent for analysis. This procedure delineates a transparent and data-driven process to consider the relevant issues and to bring an appropriate and timely resolution regarding program revitalization, suspension or discontinuation. Definition of a Program An instructional program is defined as a discipline and/or as an organized sequence or grouping of courses leading to a defined objective such as a major (area of emphasis), degree, or certificate. Consideration of Collective Bargaining Rights Nothing contained in this Administrative Procedure is intended to infringe upon, diminish, or supersede any collective bargaining rights established for employees of the District. Consideration of issues that fall under the scope of bargaining will be addressed through the regular processes established for such consideration by the District and its collective bargaining units. Program Revitalization, Suspension or Discontinuation Evaluation Process Step One: Program Analysis Request Program revitalization, suspension, or discontinuance discussions can be initiated by administration, faculty, Program Review Committee or Academic Senate. The Program Analysis Request (Appendix A) submitted to the appropriate Dean/Director shall be forwarded to the Chief Instruction Officer/Chief Student Services Officer (CIO/CSSO). The Academic Senate Co-Presidents shall be consulted on whether to move the recommendation forward to the President/Superintendent. Step Two: Appointment of the Task Force If a Program Analysis Request is approved by the President/Superintendent, a task force will be appointed. The Task Force shall be composed of the following: One Dean or Director not connected to the program College Council 4/6/2015 Page 25 One Academic Senate Co-President or their designee Two faculty members who are not members of the program or division, appointed by the Academic Senate (or designee appointed by the President if a faculty member is not available) One representative appointed by the President/Superintendent The Task Force will be co-chaired by the Dean/Director and one faculty member. The Cochairs’ responsibilities include, but are not limited to, the following: Consult with the Office of Institutional Research and other resources to gather information being used to formulate recommendations Arrange a meeting with a spokesperson from the program under review Prepare a written summary of each meeting Produce a Task Force Recommendation Report The Dean/Director and faculty who are responsible for, or teach in, the program under review will not serve as members of the Task Force but shallwill appoint a spokesperson by consensus. The spokesperson will meet with the Task Force to provide information and perspective in the early stages of the process. provide information to the Task Force. The work of the Task Force is strictly confidential. Information relating to the process may only be discussed with other Task Force members. Step Three: Program Analysis Program Analysis involves completion of Appendices B and C. The Office of Institutional Research is responsible for completing the quantitative data within Appendix B. The Task Force is responsible for researching and gathering the qualitative data within Appendix C. When data collection is complete, the Dean/Director and faculty from the program shall be given the opportunity to review and/or supplement the data from Appendices B and C. The Task Force will then commence analysis of all data. Step Four: Task Force Program Recommendation Report Subsequent to review of all of the relevant information, the Task Force will prepare a report that consists of a summary and analysis of the data and a final recommendation. used to arrive at the recommendation. Any disagreement among Task Force members on the final recommendation will be documented in the report. The report will include a tally of the final vote and reasons for any disagreement among Task Force members. The Dean/Director responsible for and Faculty who teach in the program under review will have the opportunity to review the initial report for findings of fact and craft a formal response that shall become part of the final report. The final report shall be submitted to the CIO/CSSO and the President/Superintendent no more than sixty (60) days after formation of the Task Force unless otherwise agreed to between the CIO/CSSO and the task force co-chairs. College Council 4/6/2015 Page 26 The three possible recommendations that may be provided by the Task Force include: 1. Program Revitalization: A program may be recommended to continue with qualifications. These qualifications may include specific interventions designed to improve the viability of the program, such as training and professional development, curriculum changes, reallocation of resources, a new full-time faculty position, or restructuring the program. The Task Force Recommendation Report for Program Revitalization shall include: Detailed description of recommended interventions Timeline during which these interventions will occur Expected outcomes following program revitalization Plan for program re-evaluation that includes a timeline for feedback regarding program viability from the CIO/CSSO to the President/Superintendent and Academic Senate 2. Program Suspension: A program may be recommended for one or more year’s suspension. The Task Force Recommendation Report for Program Suspension shall include: Detailed plan and recommended timeline for the suspension of the program that minimizes the impact on students, faculty, staff and the community Impact report explaining how phasing out the program for suspension will affect students, faculty, staff, and the community Amount of cost savings achieved by the program’s suspension Recommendations for how currently enrolled students may meet their educational objectives through alternative means while the program is under suspension Requirements of collective bargaining for faculty and staff, including application of policies for reduction in force and opportunities for retraining of faculty and staff, if necessary, while the program is under suspension Conditions necessary for program reinstatement (refer to AP 4020) 3. Program Discontinuance: A recommendation to discontinue a program will occur when, after a full evaluation study, it is concluded that it is no longer in the best interest of the College, its students, and the larger community for the program to continue. The Task Force Recommendation Report for Program Discontinuance shall include the following: Detailed plan and recommended timeline for phasing out the program that minimizes the impact on students, faculty, staff and the community Impact report explaining how phasing out the program will affect students, College Council 4/6/2015 Page 27 faculty, staff, and the community Amount of cost savings achieved of the program’s discontinuance Recommendations for how currently enrolled students may meet their educational objectives through alternative means Requirements of collective bargaining for faculty and staff, including application of policies for reduction in force and opportunities for retraining of faculty and staff Step Five: Decision The President/Superintendent has full responsibility and authority to implement the recommendation as designee of the Board of Trustees. If the President/Superintendent concurs with the Task Force recommendation, the President/Superintendent will direct the appropriate administrators to work with faculty and staff to create a detailed plan for implementation. If the President/Superintendent decides not to implement the recommendation for revitalization, suspension, or discontinuance, then he or she shall communicate the reasons in writing to the College community. History: Interim edition implemented July 1, 2013 Revisions September 2013, February 2014 (Academic Senate and College Council feedback) 2nd Interim edition implemented Spring 2014 Revisions ongoing by ASPC Fall/Spring 2014-2015 For Academic Senate Approval 3/6/2015 College Council 4/6/2015 Page 28 REDWOODS COMMUNITY COLLEGE DISTRICT BP 4223 Board Policy Number Update only from Board of Trustees Policy No. 507 ACADEMIC RECOGNITION The Board values excellence and wishes to instill in students the desire to do their best in all things. It shall be the policy of the Board, therefore, to recognize outstanding academic accomplishment. The Board authorizes recognition of the following achievements: 1. Periodic recognition of students who maintain high academic grade point averages. a) Placement on the President's Honor List after each semester, giving recognition to students who have met the following criteria: 1. Maintained a grade point average (GPA) of 3.75 or higher; 2. Completed nine or more graded units in courses numbered 1-199; 3. Only courses numbered from 1-199 are used to calculate unit totals and GPA; 4. Any F, D, or I grade in the current semester disqualifies the student from honor list eligibility; and 5. Students on progress probation are excluded. b) Placement on the Vice President's Honor List after each semester, giving recognition to students who have met the following criteria: 1. Maintained a GPA of 3.50 to 3.74; 2. Completed nine or more graded units in courses numbered 1-199; 3. Only courses numbered from 1-199 are used to calculate unit totals and GPA; 4. Any F, D, or I grade in the current semester disqualifies the student from honor list eligibility; and 5. Students on progress probation are excluded. c) Credit/No Credit grades or units are not counted toward the nine graded units. College Council 4/6/2015 Page 29 2. Recognition upon graduation of students who have completed a minimum of 30.0 semester units at College of the Redwoods, including a minimum of two semesters as a full-time (12 or more semester units) student and maintained high academic records. Graduating Honors will be given to students who have maintained a GPA of graded courses as follows: a. Graduating with Honors (GPA between 3.30 and 3.49), b. Graduating with High Honors (GPA between 3.50 and 3.74), or c. Graduating with Highest Honors (GPA 3.75 or higher). Former Board of Trustees Policy No. 507, Number change only on July 10, 2012 Adopted by the Board of Trustees: August 15, 1977 Amended: 10/3/94; 12/9/03 College Council 4/6/2015 Page 30 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 7217 FACULTY PRIORITIZATION PROCESS Faculty prioritization is a key process aimed at strengthening our college, engaging community needs and fostering student success. Because prioritization cannot be reduced to one rubric, the process is multifaceted, and decision making will consider qualitative and quantitative data from program review, legal mandates, accreditation, and student education goals to come from large and small groups across transfer, career technical and student development areas. This process relies on collegial consultation between the administration and the academic senate. Process: 1. Each academic year, as part of Program Review, the administration and faculty will have the opportunity to fill out a faculty position request form, providing relevant data and a narrative justifying the need for a fulltime position. All faculty request forms will be forwarded to the Academic Senate Copresidents and to the Chief Instruction/Student Services Officer (CIO/CSSO) who will then prepare the requests for distribution to the Faculty Prioritization Committee. This process is done each year. There is no holdover of ranked positions from any previous year. Faculty position requests and the faculty prioritization process are completed each year. Position rankings developed during the faculty prioritization process do not carry over into the faculty prioritization process in following years. 2. Faculty requests will include both teaching and non-teaching faculty positions. Replacement requests due to tenure track attrition during the four year probationary period for that position are not part of this process and are filled automatically, unless there is mutual agreement to the contrary. 3. Requests shall be campus and site specific. In the case of a failed search, processes outlined in the “Contract Faculty Appointment Procedures” will be followed. 4. Temporary grant-funded positions will not be included in this process. Proposals to convert grant-funded to tenure-track faculty positions will be included in the process. 5. The data required on the Faculty Request forms and the criteria used for ranking on the Prioritization Rubric will be articulated and revised as necessary by joint agreement of the Academic Senate and the Administration. 6. Each year, prior to the evaluation of the faculty requests, members of the Faculty Prioritization Committee (FPC) will be trained (normed) in using the criteria on the rubric. Data will be used as much as possible in evaluating the requests, but as every program is different, qualitative factors must be considered. Not all criteria are hierarchical in nature. College Council 4/6/2015 Page 31 7. The FPC will review the data from the request forms and will evaluate each request on the basis of the specified criteria (See Prioritization Rubric and Directions). 8. The co-chairs of the Faculty Prioritization Committee are voting members. 9. In the event that the Faculty Prioritization Committee needs more information, the CoChairs of the committee may ask for a representative from the discipline in question to come forward to answer questions about the position; however, no formal presentations will be made. 10. All faculty requests will be ranked, regardless of how many positions may be available. 11. The initial ranking will be done by ballot as follows: each member will assign a score to each rubric category for each position request. The total of the average scores in each rubric category will determine the initial ranking. The initial ranking may be revised as described in (12) below. 12. Once the draft list has been completed, any member of the Faculty Prioritization Committee can request an override of a ranking where there is significant statistical discrepancy of 5 total points or more with any of the members initial ranking scores. Overrides are permitted when a majority votes to re-rank a single position. 13. Faculty positions will be forwarded to the President/Superintendent by the committee Co-Chairs as a recommendation for action. 14. The President/Superintendent acts on the committee’s recommendations and forwards positions to the District as appropriate (timing may be affected by available funding or information regarding the fulltime faculty obligation [FTO]). Should the President/Superintendent override any of the ranked positions, he or she must present a written explanation of that decision to the FPC. 15. The timeline shown below is for typical prioritization and faculty hiring cycle. The process will also apply to out-of-cycle faculty requests. Membership of the Prioritization Committee: Academic Senate Co-Presidents or designees (2) (1 of whom is Co-Chair) Program Review Committee faculty representatives (2) At-large faculty representatives (at least one non-Eureka) selected by the Academic Senate CoPresidents (3) Vice President, Instruction and Student Development (Co-Chair) Deans (4) Director of Counseling College Council 4/6/2015 Page 32 Timeline: Nov Dec Administration and faculty fill out faculty request forms as part of Program review. Faculty Prioritization Committee evaluates and ranks the requests. Ranked list is forwarded to the President/Superintendent. President/Superintendent announces the number of positions to be funded for the next academic year. HR initiates the process for faculty hiring. Faculty Prioritization Committee reconvenes, debriefs, and evaluates the process (in order to improve it). Jan Screening committees review applications. Feb Candidates interviewed; finalists selected. March/April Board of Trustees approves contracts Directions for Using the Rubric: 1. Prior to the Faculty Prioritization Committee meeting, each Co-Chair will be tasked with determining three interests from the faculty and administrative groups they represent and then meeting to collectively bring forward a single shared interest. 2. During the Faculty Prioritization Committee meeting, the single shared interest will be scored under the category “Other.” 3. All faculty requests will fall into one of the first three blocks on the rubric: Faculty Replacement Positions (for programs/disciplines that have lost full-time faculty due to retirement or other reasons); Growth Positions (for established programs requesting fulltime faculty); New Program/Discipline Position (for programs/disciplines not yet established or newly established with no full-time faculty). 4. Within the appropriate block, each request will be assigned 0-5 points based on the criteria listed. 5. All requests will be evaluated in blocks four, five and, if applicable, six. In each of these blocks, each request will be assigned 0-5 based on the criteria listed. NOTE: Not all criteria within a block are hierarchical in nature. Requests must be evaluated holistically within each block, based on a variety of factors. 6. The positions will then be ranked in order of the total points earned. In the case of ties, the committee will vote to rank the positions; a simple majority is all that is required for this procedure. Approved: February 7, 2014 Revised: December 10, 2013 College Council 4/6/2015 Page 33 REDWOODS COMMUNITY COLLEGE DISTRICT BP 3300 Board Policy PUBLIC RECORDS The President/Superintendent shall establish procedures for records management, including access by the public, that comply with the requirements of the California Public Records Act. The Board recognizes the importance of public records as the official record of the acts of this public body, and its responsibility to make those records, with certain exceptions, available to the public. For purposes of this policy, "public record" shall include all records required by law or this Board to be maintained or kept on file by this Board or its officials, except that public records shall not include personnel records, records carrying information regarding individual students, records pertaining to an investigation in progress when the inspection of such records would be inimical to the public interest, records pertaining to the pending acquisition of land, instructions given to a Board negotiator, and rosters of students except as they are released by the Board to recognize student achievement. The Board directs that all records of this District be made, maintained, and safeguarded in full compliance with the requirements of law. Any citizen of the state who has an interest in the public records of this Board may inspect and copy them during the regular business hours of the District provided he has submitted a written request in advance of such inspection specifying those records which he wishes to inspect. Ed. Code: 72600 et seq.; Govt. Code: 6250 et seq.; 5 Cal Adm. Code: 450, 16020 et seq. Former Board of Trustees Policy No. 801, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 NEW AP – Legally required ‐ League template REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure College Council 4/6/2015 Page 34 AP 3300 PUBLIC RECORDS Members of the public may request to inspect or copy public records. A request by a member of the public may be delivered by mail or in person to the President/Superintendent’s office. Any request shall identify with reasonable specificity the records that are sought. If additional information is needed, the President/Superintendent’s office or designee may request it be provided in writing. Any request to inspect records shall be made sufficiently in advance of the date of inspection to allow staff members time to assemble the records and identify any records that may be exempt from disclosure. Records that are exempt from disclosure under the Public Records Act or any other provision of law may not be inspected or copied by members of the public. Social security numbers must be redacted from records before they are disclosed to the public. Members of the public shall be assisted in identifying records or information that may respond to their request. Assistance that will be provided includes: the information technology and physical location in which the records exist; practical suggestions for overcoming denial of access to the records or information; and the estimated date and time when the records will be made available. Within ten days, President/Superintendent’s office or designee will determine whether or not the records can be produced and will communicate the determination to the member of the public requesting the record(s). The Public Records Act presumes that all records of a public agency are public, unless specifically exempted by law. Any questions about whether a document is exempt should be referred to the President/Superintendent’s office or designee who may need to consult with counsel. The most common exemptions for community colleges include: Student records (Education Code Section 76243) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding the records clearly outweighs the public interest in disclosure. (Government Code Section 6254(a)) Records pertaining to pending litigation …or to claims…until the pending litigation or claim has been finally adjudicated or otherwise settled. (Government Code Section 6254(b)) NEW AP – Legally required ‐ League template College Council 4/6/2015 Page 35 Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy (Government Code Section 6254(c)) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination [except for standardized tests provided for by Education Code Sections 99150 et seq.]. (Government Code Section 6254(g).) The contents of real estate appraisals or engineering or feasibility estimates and evaluations…relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. (Government Code Section 6254(h)). Internet posting of home address or telephone numbers of local elected officials (Government Code Section 6254.21) Home addresses and home telephone number of employees of a school district or county office of education (other than to an agent or family member of the employee, to an officer of another school district when necessary, to an employee organization, or to an agency or employee of a health benefit plan.) (Government Code Section 6254.3) Records regarding alternative investments (i.e. an investment in a private equity fund, venture fund, hedge fund, or absolute return fund; limited partnership, limited liability company or similar legal structure) involving public investment funds, unless already publicly released by the keeper of the information. Information security records, if disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, the District’s information technology system. Approved by Board of Trustees: NEW College Council 4/6/2015 Page 36 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3310 RECORDS MANAGEMENT The President/Superintendent shall establish administrative procedures to assure the retention and destruction of all District records—including electronically stored information as defined by the Federal Rules of Civil Procedure—in compliance with Title 5. Such records shall include, but not be limited to student records, employment records and financial records. Redwoods Community College District recognizes the need to develop records to meet county, state, and federal requirements, and to satisfy daily operating requirements. The District also recognizes: the value of most of these records generally decreases rapidly when transactions are completed; some of these should be destroyed when their usefulness has ended; other records have continuing legal, fiscal or historical value for years after their administrative value is exhausted; and other specific records must be permanently retained. A procedure for record management is essential for efficient administration. This includes legal requirements for retaining records. A procedure for management of diversified records minimizes the effort and costs necessary to keep those records of significant value and will maximize the usability of the records. The following objectives for a paperwork management program are suggested by the State Administrative Manual, Section 1602, are adopted for the District, and are intended to control the creation, utilization, maintenance, retention, preservation and disposal of records: 1. Improve administration through efficient correspondence management. This includes forms, reports and file operations. 2. Streamline systems and procedures. 3. Transfer systems and procedures. 4. Destroy records no longer legally required or of significant value for administrative, legal, fiscal, historical or research purposes promptly upon expiration of the appropriate retention period. 5. Ensure the preservation of records with long-term or permanent value. The President/Superintendent is directed to implement this program through the following Administrative Regulation. Former Board of Trustees Policy No. 814, number change only on June 5, 2012 Adopted by Board of Trustees: August 6, 1990 College Council 4/6/2015 Page 37 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure New AP 3310 RECORDS RETENTION AND DESTRUCTION 1. The President/Superintendent delegates authority to supervise the classification and destruction of records and electronically stored information (ESI) to the Chief Business Officer. Redwoods Community College District (District) must preserve ESI that is relevant to actual or potential litigation pursuant to the Federal Rules of Civil Procedure. The District shall comply with the Federal Rules of Civil Procedure and produce relevant ESI in the form in which it is ordinarily maintained or readily usable. An annual report shall be made to the Board of Trustees regarding the classification and destruction of records and ESI. 2. “Records” means all records, maps, books, papers, data processing output, and documents of the District required by Title 5 to be retained, including but not limited to records created originally by computer and ESI, as that term is defined by the Federal Rules of Civil Procedure. Records shall be classified as required by Title 5 and other applicable statutes, federal and state regulations. District records also include student records. 3. Records shall annually be reviewed to determine whether they should be classified as Class 1 – Permanent, Class 2 – Optional, or Class 3 – Disposable (as defined in Title 5). 4. Class 1-Permanent Records The original of each record listed below or one exact copy, when the original is required by law to be filed with another agency, is a Class 1Permanent record. It shall be retained indefinitely, unless copied or reproduced, as appropriate. The following annual reports, official actions, student records, and property records: 4.1. Official budget; 4.2. Financial report of all funds, including cafeteria and student body funds; 4.3. Audit of all funds; 4.4. Full-time equivalent student, including Class 1 and Class 2 reports; 4.5. Other major annual reports, including: those containing information relating to property, activities, financial condition, or transactions; and those declared by board minutes to be permanent; 4.6. Minutes of the board or committee thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in minutes but included therein by reference only; 4.7. Elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted, or canvassed by the governing board for a board member, the board member's recall, issuance of bonds, incurring any long-term liability, change in maximum tax rates, reorganizations, or any other purpose; College Council 4/6/2015 Page 38 4.8. Records transmitted by another agency that pertain to that agency's action with respect to district reorganization; 4.9. The following personnel records: All detail records relating to employment, assignment, employee evaluations, amount, and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deduction or withholdings made, and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for each employee of the school district containing the same data may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3-Disposable; 4.10. The records of enrollment and scholarship for each student. Such records of enrollment and scholarship may include but need not be limited to: name of student, date of birth, place of birth, name and address of a parent having custody or a guardian, if the student is a minor, entering and leaving date for each academic year and for any summer session or other extra session, subjects taken during each year, half year, summer session, or quarter; and if grades or credits are given, the grades and number of credits toward graduation allowed for work taken; 4.11. All records pertaining to any accident or injury involving a student for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1Permanent records, one year after the claim has been settled or after the applicable statute of limitations has run; 4.12. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1-Permanent, and the detail records may then be classified as Class 3-Disposable, if the property ledger includes: all fixed assets, an equipment inventory, and for each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise. 5. Class 2 - Optional Records Any record worthy of further preservation but not classified as Class 1-Permanent, may be classified as Class 2-Optional. It shall then be retained until reclassified as Class 3-Disposable. If the Chief Business Officer, or designee determines that classification should not be made annually, all records of the prior year may be classified as Class 2-Optional, pending further review and classification within one year. 5.1. Purchase Orders, Written Contracts: Any purchase orders, contracts, or other documents of this type should be retained for at least five years from the date last performance become due. This is done because any contract in writing may be the subject of a suit within four years after final performance of any act under the contract becomes due. 5.2. Financial Records: Any records involving financial transactions for which a public officer would become liable for malfeasance or misfeasance of duty should be retained for a period of at least four years. College Council 4/6/2015 Page 39 5.3. Email records: Electronic mail (email) includes any message sent or received through or stored on the District’s email servers. Such emails may include, but are not limited to, correspondence and attachments, calendar schedules, and forms transmitted electronically. The District will retain emails and attachments in inboxes, folders, outboxes, etc. on email servers for twenty-four (24) months after emails have been received or sent. All emails and attachments remaining on email servers longer than twenty-four (24) months will be subject to the following process: 5.3.1. In early December, May, and August of each year, the Information Technology Services department will send a reminder email to all District email users reminding them to archive useful emails and reminding them that emails over twenty-four (24) months are subject to being deleted from District email servers. 5.3.2. Individuals may save copies of emails and attachments before the twentyfour (24) month period expires by transferring them to other electronic environments and media and by copying them on paper. 5.3.3. In late June of each year, the Information Technology Services department will delete emails over twenty-four (24) months old remaining on District email servers. 6. Class 3 - Disposable Records Disposable records shall be maintained for the period required by applicable law or regulation, but in any event shall be retained for at least three college years after the year in which they were originally created. 7. Retention and Destruction of Student Records The retention and destruction of student records, where not otherwise specifically provided for in the Education Code, shall be in accordance with regulations of the Board of Governors that appear in the California Administrative Code. 7.1. The following documents, listed under Section 59020(b), are not records and may be destroyed at any time: 7.2. Additional copies of documents beyond the original or one copy. (A person receiving a duplicated copy need not retain it.) 7.3. Correspondence between District employees that does not pertain to personnel matters or constitute a student record. 7.4. Advertisements and other sales material received. 7.5. Textbooks used for instruction, and other instructional materials, including library books, pamphlets, and magazines. 8. Transfer of Records - Student Records Whenever a student transfers to another postsecondary education institution, appropriate records or a copy may be transferred by the District. The student may be notified that records will be transferred upon payment by the student of all fees and charges due. The student shall be notified of the records transfer in accordance with the Education Code and California Administrative Code requirements. College Council 4/6/2015 Page 40 9. Destruction is by any method that assures the record is permanently destroyed, e.g. shredding, burning, and pulping. Approved by Board of Trustees: New College Council 4/6/2015 Page 41 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3500 Number Update only from Board of Trustees Policy No. 811 COLLEGE SAFETY PROGRAM The Board is committed to a safe and secure District work and learning environment. To that end, the President/Superintendent shall establish a campus safety plan and ensure that it is posted or otherwise made available to students. The campus safety plan shall include availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions to be made during the next 24 months. The Board recognizes that in providing the educational program for the students of the College, it assumes the responsibility for the safety of students and District employees while they are on and in the facilities provided in the furtherance of that program. The Board shall provide, publish and post rules for safety and the prevention of accidents, instruct students in safety and accident prevention, and provide suitable and safe equipment where such equipment is necessary for the conduct of the educational program and the operation of the College. The President shall prepare rules governing College safety and the prevention of accidents and fire which shall include as a minimum the requirements of law and the applicable rules and regulations. Such rules shall provide regulations and precaution for the safety of: a. students on the campus b. employees in performance of their duties c. users of College vehicles d. injured students and employees e. visitors to the school The President shall be responsible for the promulgation of such rules to all personnel concerned. He shall prepare materials to insure the instruction of students in the prevention of accidents and fire in accordance with law. These rules shall be evaluated annually. Reference: Education Code 67380(a)(4) Ed. Code 32030-32034; 5 Cal. Admin. Code: 630, 1000001. Former Board of Trustees Policy No. 811, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 College Council 4/6/2015 Page 42 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3530 WEAPONS ON CAMPUS Firearms or other weapons shall be prohibited on any college or District center or in any facility of the District except for activities conducted under the direction of District officials (including instruction) or as authorized by an official law enforcement agency. References: Penal Code Sections 626.9 and 626.10 Adopted by Board of Trustees: NEW College Council 4/6/2015 Page 43 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3530 WEAPONS ON CAMPUS Firearms, knives, explosives or other dangerous objects, including but not limited to any facsimile firearm, knife or explosive, are prohibited on any District campus or at any District center, or in any facility of the District. Activities involving firearms or other weapons conducted at the firearms range facility shall be reported to the Emergency Response Training Center before taking place. Only members of law enforcement agencies or students involved in training presented by the Emergency Response Training Center are authorized to use the range facility. Any training conducted at other campus buildings or locations will use only simulated weapons and advance notice will be given to the campus community, along with having signs posted in the area. Any person who believes that he/she may properly possess a firearm or other weapon on campus or in a District center or other facility of the District must notify the Public Safety Director, or a designee, before bringing any such weapon onto the campus. Bringing or possessing any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds, unless the person is authorized to possess such a weapon in the course of his/her employment, has been authorized by a District employee to have the knife, or is a duly appointed peace officer who is engaged in the performance of his/her duties, is prohibited on any District campus or at any District Center, or in any facility of the District. References: Penal Code Sections 626.9 and 626.10 Approved: New College Council 4/6/2015 Page 44 REDWOODS COMMUNITY COLLEGE DISTRIC BP 3750 Board Policy Number Update only from Board of Trustees Policy No. 812 INSTRUCTIONAL MATERIALS AND COPYRIGHT POLICY The President/Superintendent is directed to develop appropriate administrative procedures to implement the provisions of the Education Code which authorize the securing of copyright protection for works, including but not limited to registering copyrights and policing infringements, on behalf of the District. The procedures developed by the [CEO] shall assure that the District may use, sell, give or exchange published materials and may license materials prepared by the District in connection with its curricular and special services. In the development of these procedures, the President/Superintendent shall solicit the input of the proper representatives of the college community in accordance with the District’s policies regarding shared local decision making. It is the policy of the Board of Trustees, Redwoods Community College District, to delineate and abide by the provisions of the current copyright law as it relates to the District and its employees. This policy affirms District adherence to Title 17, United States Code. In order to comply with current copyright laws, District employees and staff shall observe the administrative regulations published following. The Board of Trustees of the Redwoods Community College District encourages staff creativity in the development of instructional support materials. THE BOARD OF TRUSTEES APPROVES ONLY THE LEGAL USE OF COPYRIGHTED MATERIALS IN ANY FORM. EMPLOYEES WHO WILLFULLY VIOLATE DISTRICT REGULATIONS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THEIR ACTIONS. This policy directs that District regulations be developed in observance of copyright laws in the following categories: 1. Print materials not produced within the District by its employees or staff; 2. Nonprint materials not produced within the District by its employees or staff; 3. Performing arts, including musical and dramatic productions; 4. Computer software not produced within the District by its employees or staff; and 5. District-produced materials, including print, nonprint, and computer software. The District administration shall develop administrative regulations for purposes of clarifying and disseminating the intent of this policy. College Council 4/6/2015 Page 45 Former Board of Trustees Policy No. 812, number change only on June 5, 2012 Adopted by Board of Trustees: June 2, 1986 College Council 4/6/2015 Page 46 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3750 Number Update only from Administrative Regulation No. 812.01 INSTRUCTIONAL MATERIALS AND COPYRIGHT ADMINISTRATIVE REGULATIONS PRINT MATERIALS The President/Superintendent, or his/her designee(s), shall cause to be posted the following notice verbatim in a conspicuous manner at each copier or microcomputer location capable of reproducing print, nonprint, or computer software. This notice shall serve as a constant reminder to all staff regarding copyright restrictions. NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHT MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN THE LOW, LIBRARIES AND ARCHIVES ARE AUTHORIZED TO FURNISH A COPY OR OTHER REPRODUCTION. ONE OF THE SPECIFIED CONDITIONS IS THAT THE COPY OR REPRODUCTION IS NOT TO BE USED "FOR ANY PURPOSE OTHER THAT PRIVATE STUDY, SCHOLARSHIP, OR RESEARCH." IF A USER MAKES A REQUEST FOR, OR LATER USES, A COPY OR REPRODUCTION FOR PURPOSES IN EXCESS OF "FAIR USE," THAT USER MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO ACCEPT A COPYING ORDER IF, IN ITS JUDGEMENT, FULFILLMENT OF THE ORDER WOULD INVOLVE VIOLATION OF COPYRIGHT LAW. Employees and students shall not reproduce copyrighted materials without prior permission of the copyright owner, except as allowed by the “fair use” doctrine. Fair Use (Reference: Copyright Act, Section 107) The “fair use” doctrine permits limited use of copyrighted materials in certain situations, including teaching and scholarship. In some instances, copyright may be required for works that fall within “fair use.” I. Single Copying for Teachers A single copy may be made of any of the following by or for a teacher at his/her individual request for his or her scholarly research or use in teaching or preparation to teach a class: A. A chapter from a book B. An article from a periodical or newspaper C. A short story, short essay or short poem, whether or not from a collective work D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper II. Multiple Copies for Classroom Use Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that: College Council 4/6/2015 Page 47 A. The copying meets the tests of brevity and spontaneity as defined below; and B. Meets the cumulative effect test as defined below; and C. Each copy includes a notice of copyright CLASSROOM COPIES A. Single Copies An instructor, instructional aide, tutor, counselor, manager, or other District employees performing instructional support, or research for the College of the Redwoods may make a single copy for purposes of research, instruction, class preparation, or instructional support. This single copy may be of: (1) A chapter from a book; (2) An article from a periodical or newspaper; (3) A short story, short essay, or short poem, whether or not they are from a collected work; (4) A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper. B. Multiple Copies An instructor may make or request multiple copies for classroom use not to exceed in any event more than one copy per student in a course, provided that: (1) The copy meets the guidelines for brevity and spontaneity as defined following; (2) The copy meets the cumulative effect guidelines as defined following; (3) Each copy includes a notice of copyright. Definitions: Brevity: i. Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or (b) from a longer poem, an excerpt of not more than 250 words. ii. Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. (Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.) iii. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue. iv. "Special" works: Certain works in poetry, prose, or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "i" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced. Spontaneity: i. The copying is at the instance and inspiration of the individual teacher; and College Council 4/6/2015 Page 48 ii. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission. Cumulative Effect: i. The copying of the material is for only one course in the school in which the copies are made. ii. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. iii. There shall not be more than nine instances of such multiple copying for one course during one class term. (The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.) III. Prohibitions Notwithstanding any of the above, the following shall be prohibited: A. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately. B. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material. C. Copying shall not: i. substitute for the purchase of books, publisher's reprints or periodicals ii. be directed by higher authority iii. be repeated with respect to the same item by the same teacher from term to term. D. No charge shall be made to the student beyond the actual cost of the photocopying. BREVITY GUIDELINES Poetry: (1) A complete poem if less than 250 words and if printed on not more than two pages; or, (2) A portion of a longer poem, an excerpt of which is not to exceed 250 words. Prose: (1) Either a complete article, story, or essay of less than 2,500 words; or, (2) An excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. NOTA BENE: Each of the numerical limitations in "Poetry" and "Prose" (above) may be expanded to permit the completion of an unfinished line of a poem or an unfinished paragraph of prose. Illustrations: (1) One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical College Council 4/6/2015 Page 49 publication issue. Combinations: (1) Certain works in poetry and/prose may combine language with illustrations and fall short of 2,500 words in their entirety. Prose brevity guidelines notwithstanding, "combination works" may not be reproduced in their entirety. (2) An excerpt of not more than two of the published pages of a combination work and containing not more than 10% of the words found in the text of same may be reproduced. SPONTANEITY GUIDELINES The duplication of reproduction is at the instance and inspiration of the individual instructor; and, The inspiration and decision to use the work and the moment of its use for maximum instructional effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission to copy. CUMULATIVE EFFECT GUIDELINES The copying of the material shall be for only one course on the school campus for which the copies are made. Not more that one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. There shall not be more than nine instances of such multiple copying for one course during one class term. Current news periodicals, current newspapers, and current news sections of other periodicals are exempt from the Cumulative Effect guidelines. CLASSROOM COPY PROHIBITIONS An instructor, instructional aide, tutor, counselor, manager, or other District employee performing instruction, instructional support, or research is expressly forbidden to: (1) Make copies to take the place of, create, or substitute for anthologies, compilations, or collective works; (2) There shall be no copying of or from works intended to be consumable in the course of study or teaching. Consumable materials include workbooks, exercises, standardized tests, test booklets, and answer sheets; (3) Copying shall not substitute for the purchase of books, publisher's reprints, or periodicals; (4) Copying shall not be directed by higher authority; (5) Copying shall not be repeated with respect to the same item by the same instructor from term to term; (6) No charge shall be made to the student beyond the actual cost of copying, including materials and labor; (7) Make multiple copies of a short poem, article, story, or essay from the same author more than once in a class term, or make multiple copies from the same collective work or periodical issue more than three times a term; and (8) Make multiple copies of works more than nine times in the same class term. COPYING BY LIBRARIES, LEARNING, CENTERS, ARCHIVES, AND SIMILAR DEPOSITORIES OF PRINT AND NONPRINT MATERIALS The employees of a library or similar depository may reproduce not more than one copy of a print or nonprint material, provided: College Council 4/6/2015 Page 50 (1) The copy is made without any purpose of direct or indirect commercial advantage; (2) The library or depository is open to the public; (3) The copy carries a notice of copyright; and, (4) The copy carries the following warning: "THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAWS (TITLE 17 USC)." A facsimile copy is permitted in archival reproduction solely for the purposes of preservation and security. This archival reproduction right is extended to nonprint materials, such as photographs, phonorecords, and motion pictures. Copyright law permits a facsimile copy for replacement of a damaged copy made solely for the purpose of replacing a damaged, deteriorating, lost or stolen copy. However, this facsimile copy is permitted only after the library or depository has extended a reasonable effort in a determination that a replacement copy cannot be purchased at a fair price. Out-of-print publications may be copied if it has been established that a copy cannot be found at a fair price and that every effort has been made to locate a copy at a fair price. This copy must become the property of the user and the copy must display a warning that the copy was made in accordance with regulations in Title 17, United States Code. An article and small excerpts of larger works are authorized for copying by a library or depository provided this copy becomes the property of the user. Is said copies are done by library or depository patrons on a self-service copier, the library or depository must display a warning that copies are to be made in accordance with Tile 17, United States Code. Copies for interlibrary loan requests are not permitted if the copying is done in such aggregate quantities as to substitute for a subscription to, or purchase of, a printed work. All interlibrary loan requests must carry a representation from the requestor that the request conforms to Title 17 guidelines. Main libraries or depositories must maintain records of all incoming and outgoing interlibrary loan request for three calendar years. Compilations References: Basic Books, Inc. v. Kinko's Graphics Corp. (S.D.N.Y. 1991) 758 F.Supp. 1522; and Princeton University Press v. Michigan Document Services, Inc. (6th Cir. 1996) F.3d 1381 Permission from the copyright owner should be obtained when using excerpts of copyrighted work to create anthologies or “course packs,” even if the excerpts fall under the definitions in the “fair use” doctrine. Online Courses (References: The TEACH [Technology, Education and Copyright Harmonization] Act; U.S. Code 17, Copyright Act, Sections 110(2) and 112) The Teach Act provides instructors greater flexibility to use third party copyrighted works in online courses. An individual assessment will be required to determine whether a given use is protected under the Act. The following criteria are generally required: The online instruction is mediated by an instructor. The transmission of the material is limited to receipt by students enrolled in the course. Technical safeguards are used to prevent retention of the transmission for longer than the class session. The performance is either of a non-dramatic work or a “reasonable and limited portion” of any other work that is comparable to that displayed in a live classroom session. The work is not a textbook, course pack, or other material typically purchased or acquired by students for their independent use and retention, including commercial works that are sold or licensed for the purposes of digital distance education. College Council 4/6/2015 Page 51 The District does not know, or have reason to know, that the copy of the work was not lawfully made or acquired. The District notifies students that the works may be subject to copyright protection and that they may not violate the legal rights of the copyright holder. NONPRINT MATERIALS The copyright law of the United States extends protection not only to printed materials but also to nonprint materials, such as audio recordings, video recordings, photographs, filmstrips, graphic arts, and dramatic works with or without accompanying music. Accordingly, the Board of Trustees of the Redwoods Community College District expressly forbids the copying of nonprint materials except as authorized by these regulations. All copies of any nonprint material must contain a notice of copyright. Whenever possible, such notice should be that notice appearing on the original version. (1) Emergency copying is permitted to replace purchased copies (2) For academic purposes other than performance, multiple copies of excerpts of works may be made, provided the excerpts do not comprise a part of the whole work which could constitute a performable unit (such as a section, movement, or aria), and in no case shall the excerpt consist of more than 10% of the total work. The number of copies of the excerpt shall not exceed one copy per pupil; (3) For academic purposes other than performance, a single copy of an entire performable unit (such as section, movement, or aria) may be made, provided: (a) the performable unit has been confirmed by the copyright owner to be out-of-print; or (b) the performable unit is unavailable except in a larger work with this excerpt to be used solely by the instructor for scholarly research or preparation to teaching a class. (4) Single copies of recordings of student performances are permitted for evaluation or rehearsal purposes. These recordings may be retained by the District or by the instructor; (5) A single copy of an audio recording (such as phonorecord or tape) may be made from recordings owned by the District or owned by an instructor for the purpose of constructing aural exercises or examinations. This single copy may be retained by the District or by the instructor. Copying from one medium to another (such as from motion picture to videotape) is prohibited unless: (1) The copy is for archival preservation purposes; (2) The work is not available in the medium different from the original medium; or, College Council 4/6/2015 Page 52 (3) Permission to copy from medium to another has been secured from the copyright owner (excepting emergency and academic purposes exceptions, above). TEN PERCENT RULE The reproduction of audiovisual works may be accomplished: (1) If a series of slides are produced from multiple sources (such as books, magazines, and posters) as long as not more than 10% of the photographs are used from any one source; (2) If a series of overhead transparencies are produced from multiple sources, provided not more than 10% of the visuals are used from any one source; (3) If excerpts of a filmstrip are used to produce slides, provided not more than 10% of the filmstrip is so used; (4) If slides are copied from a slideset, as long as not more than 10% of the slideset is reproduced; and, (5) If excerpts of a motion picture are used in a locally produced video production, provided not more than 10% of the motion picture is used in the video production. AIDS FOR EDUCATIONALLY DISADVANTAGED AND HANDICAPPED Stories, excerpts of stories, textbooks, and excerpts of textbooks may be recorded on audio or video tape by teachers, provided similar materials are not available commercially. It is permissible to duplicate audio or visual materials in their entirety in order to provide materials for the blind or deaf. LOCAL AUDIOVISUAL PRODUCTIONS The use of sound commercial recordings for television, sound slideset, radio, motion picture, or other types of local audiovisual productions is prohibited unless prior written permission has been obtained from both the copyright owner and the recording company. A synchronization license from the copyright owner is required prior to usage in timed relationship to a local audiovisual production. Sound recordings exempt from the above are "cleared" versions of commercial recordings available from music libraries or vendors upon payment of appropriate fees. DUPLICATION OF AUDIO MATERIALS High speed duplication of audio materials in cassette or open reel format is permitted, provided: (1) The material being duplicated is owned by the District; (2) The duplicated tape is solely for educational use by an individual; and, (3) The duplicated material is not made available for further reproduction or for sale. All high speed audio duplicators shall have the "NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS" posted on or near the duplicating device. The posting of the College Council 4/6/2015 Page 53 notice shall hold the person using the equipment, rather than the District, liable for any copyright infringement. OFF-AIR VIDEO RECORDING A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the Redwoods Community College District for a period not to exceed the first forty-five consecutive calendar days after date of recording. Upon the conclusion of the retention period, all off-air recordings must be erased or destroyed promptly. "Broadcast programs" are defined as television programs transmitted by television stations for reception by the general public without charge or by satellite transmission to the general public or subscribers with or without charge. Off-air recordings may be used once by individual instructors in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary. Off-air recordings use may be in classrooms and similar places devoted to instruction within a single building, cluster, or campus during the first ten consecutive instructional days in the forty-five calendar day retention period. "Instructional days" are days of instruction which may or may not include weekends, holidays, academic recesses, examination periods, or other scheduled interruptions within the forty-five calendar day retention period. Off-air recordings may be made only at the request of an use by individual instructors and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. Recognizing the geographical constraints inherent within the Redwoods Community College District, no more than two copies may be reproduced from each off-air recording to meet the instructional needs of instructors at Education Centers and/or satellite branches. Each additional copy shall be subject to all provisions governing the original recording. After the first ten consecutive instructional days, off-air recordings may be used up to the end of the forty-five calendar day retention period only for teacher evaluation purposes, specifically, to determine whether or not to include the broadcast program in the curriculum. During this period the recording may not be used for student exhibition or any other non-evaluation purpose without authorization from the copyright holder. Off-air recordings need not be used in their entirety, but the recorded program may not be altered from its original content. Off-air recordings may not be physically or electronically combined or merged to constitute anthologies or compilations. All off-air recordings and copies thereof must include the copyright notice on the broadcast program as recorded. The Associate Dean, Instructional Support Services and/or his/her designee(s) shall be responsible for enforcing this policy. Off-air recordings may be maintained beyond the forty-five day retention period and placed in the District's regular collection if the express written permission of the owner of copyright, or the owner's authorized agent, is obtained. USE OF PERSONAL OR RENTED VIDEOTAPES IN CLASSROOM If an instructor brings to a District teaching site an off-air recordings he/she has prepared offcampus together with a published guide which demonstrates that the program has aired within the past ten days, that tape may be used once in a classroom. Responsibility for erasure of the recordings lies with the instructor. If an instructor rents a videotape, it is assumed that the tape is for his/her personal use only. Thus, rented tapes cannot be used within the classroom without the College Council 4/6/2015 Page 54 express written permission from the copyright holder. It is the responsibility of the instructor to provide an original of the express written permission to the Associate Dean, Instructional Support Services and/or his/her designee(s). Should an instructor bring a video recording into the classroom which is his/her own personal property, the tape may not be used if: (1) the playing of the tape might deprive a rental agency of possible revenue; or, (2) The recording or recording housing is marked with the words "For Home Use Only" or similar phrase. If neither of these provisions apply and if the recording, upon examination, contains no additional restrictions, the recording may be used in the classroom. The responsibility for maintaining records on and monitoring the use of video recordings in the classroom shall be that of the Coordinator, Instructional Media Services and/or his/her designee(s). TEACHING PERFORMANCES AND DISPLAYS Performance or display of a print or nonprint work in the course of face-to-face teaching activities in a nonprofit educational institution does not constitute infringement of copyright. Additionally, the performance of nondramatic literary or musical works transmitted by instructional broadcasting does not constitute infringement of copyright providing: (1) The performance is a regular part of instructional activities; (2) The performance is directly related to the course content; and, (3) The transmission is to a classroom, to classrooms, to disabled pupils unable to go to a classroom, or to employees of the District as part of their duties. PERFORMING ARTS A nondramatic literary or musical work whose performance is sponsored by the Redwoods Community College District and which is not transmitted to the public is exempt from copyright protection if: (1) No compensation is paid to the performers, promoters, and organizers; and, (2) Either, (a) There is no admission charge, or, (b) All proceeds are used exclusively for educational, religious, or charitable purposes. If the performance proceeds are used for educational, religious, or charitable purposes, the copyright owner, under the law, is entitled to object to the performance. However, no mechanism such as a "licensing center," currently exists for notifying the copyright owner of the planned program. The sponsoring Division, Department, or Office is encouraged, therefore, to attempt to contact the copyright owner with a reasonable expenditure of effort in order to notify same of the planned performance. Copyright clearances for performances contracted on behalf of the District, such as musical groups and theater performers, are the responsibility of the contractural group or promoter. Although performance is one of the copyright owner's exclusive rights, the special needs of music educators and others are College Council 4/6/2015 Page 55 recognized in the limitations on these rights and are specified in Title 17, United States Code. Music educators may engage in the following exceptions: (1) Performance of any copyrighted work by instructor(s) or pupil(s) in the course of face-to-face teaching activities at a nonprofit educational institution in a classroom or similar place devoted to instruction; (2) Performance of a nondramatic literary or musical work on closed circuit television to other classrooms or to disabled students for teaching purposes, provided the transmission is part of the systematic instructional activities of a nonprofit educational institution, and only if the performance is directly related and of material assistance to course content; (3) Performance of a nondramatic literary or musical work at a school concert if there is no purpose of direct or indirect commercial advantage, no fee or compensation is paid to the performers, promoters, and or organizers, and no admission charge is made. If a charge is made for admission, all proceeds must be used only for educational, religious, or charitable purposes. The performance is prohibited, however, if the copyright owner objects in writing to the performance seven or more days prior to the performance; or, (4) Performance or nondramatic literary or musical works or of dramatico-musical works of a religious nature, in the course of services at places of worship or at a religious assembly. All other performances of copyrighted nondramatic musical works must be licensed through one or more of the following licensing agencies: (1) American Society of Composers, Authors, and Publishers (ASCAP), ASCAP Building, One Lincoln Plaza, New York, New York 10023; (2) Broadcast Music, Inc. (BMI), 320 West 57th Street, New York, New York 10102; (3) SESAC, Inc., 10 Columbus Circle, New York, New York 10019. Appropriate licensing contract(s) must be secured through one or more of the agencies listed above. However, contractural agreements with those agencies must be reviewed and approved by the Division Chairperson or Center Dean, the Dean of Business Services, and the Executive Vice President and/or his/her designee(s). It is the responsibility of the performance requestor and/or organizer to obtain contractural agreement(s) and to prepare same for review and consideration by District officials listed above. COMPUTER PROGRAMS It shall be the policy of the Redwoods Community College District to adhere strictly to the provisions of Title 17, United States Code in District purchase, dissemination, and use of commercially prepared computer programming (also known as computer software). Therefore, the duplication of commercial computer software is prohibited, with the following exceptions only: (1) One copy of commercial computer software is permitted as a back-up copy, provided: College Council 4/6/2015 Page 56 (a) One copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner; or, (b) One copy or adaptation is for archival purposes only and all archival copies are to be destroyed in the event that continued possession of the program should cease to be rightful. When software is to be used on a disk sharing system, reasonable effort will be made to secure software from copying. Copying of commercial microcomputer software for microcomputer use on-site at branch or satellite campuses is permitted only upon written authorization to do so by the copyright owner and distributor. MICROCOMPUTER SOFTWARE USE It shall be the policy of the Redwoods Community College District that no person shall use or cause to be used in all of the District's microcomputers any software which does not fall into one of the following categories: (1) The software is in the public domain; (2) The software is covered by a licensing agreement with the author(s), vendor, or developer, whichever is (are) applicable; (3) The software has been donated to the District and a written record of a bona fide contribution exists; (4) The software has been purchased by the District and a record of bona fide purchase exists and can be produced by the user upon demand; (5) The software is being reviewed or demonstrated by the users in order to reach a decision about possible future purchase or request for contribution or licensing; or, (6) The software has been written or developed by Redwoods Community College District employee(s) for use in microcomputer instruction. All District-owned microcomputers on which it is possible to copy software from commercial vendors shall have the "NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS" posted on or near the microcomputer. MATERIALS DEVELOPED BY DISTRICT EMPLOYEES The Board of Trustees of the Redwoods Community College District encourage staff creativity in the development of instructional support materials. Materials include, but are not limited to, text, manuals, workbooks, musical works, dramatic works, graphics, photographs, motion pictures, videotapes, audio tapes, filmstrips, choreography, and computer programs. Works developed on the District employee's own time and with the employee's own funds become the property of the employee. If the employee develops materials on his/her own time but uses District resources, the District employee may, prior to materials development and upon mutual agreement with the District, either: (1) Reimburse the District for use of resources; or, (2) Assign copyright of the material to the District with any royalties shared by the District and the employee. College Council 4/6/2015 Page 57 Materials developed by the staff while on sabbatical leave will remain the property of that staff member unless otherwise specified in the sabbatical leave agreement. Material developed as specific assignments of the District employee become the property of the District, unless the District agrees to assign ownership to the employee. The developer of instructional materials will not use the name of the District as an endorsement of the material in its publication, production, or distribution. Materials developed by an employee for the District are in the public domain and may be published, produced, or distributed without obtaining a copyright on behalf of the District. Said materials may be shared with other nonprofit institutions for educational use on a cost-sharing, noncost, or exchange materials basis. Such basis will be at the discretion of the Executive Vice President, or his/her designee(s). Obtaining Permission to Use Copyrighted Material Employees copying materials in either the Campus Bookstore or the Mailroom are required to sign a statement acknowledging that the print request is in compliance with all applicable copyright laws. It is the sole responsibility of the faculty and/or staff member requesting the copies to ensure materials meet copyright standards. Employees unsure as to whether they are violating copyright law will be directed to the U.S. Copyright Office’s website at http://www.loc.gov/copyright Former Administrative Regulation No. 812.01, number change only on June 5, 2012 June 1986 College Council 4/6/2015 Page 58 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3281 3820 Number Update only from Board of Trustees Policy No. 702 GIFTS, GRANTS, DONATIONS The Board shall consider all gifts, donations and bequests made to the District. The Board reserves the right to refuse to accept any gift which does not contribute toward the goals of the District, or the ownership of which would have the potential to deplete resources of the District. The District shall assume no responsibility for appraising the value of gifts made to the District. Acceptance of a gift shall not be considered endorsement by the District of a product, enterprise or entity. In no event shall the District accept a donation from any donor who engages in practices or policies which discriminate against any person on the basis of nationality, religion, age, gender, gender identity, gender expression, race or ethnicity, medical condition, genetic information, ancestry, sexual orientation, marital status, or physical or mental disability; or when the stated purposes of the donation are to facilitate such discrimination in providing educational opportunity. Individuals and organizations periodically wish to contribute supplies, equipment, or real property to enhance college programs. The District may accept gifts by official Board action. The District reserves the right to not accept gifts which do not contribute toward the achievement of College goals or if ownership would deplete the resources of the College or be of only limited use by the College. Any gift accepted by the Board shall become the property of the District and is subject to the same controls and regulations as are other District real or personal property. ln no case shall acceptance of a gift be considered an endorsement by the Board of a commercial product or business enterprise or institution of learning. Neither the District, nor its employees or agents, shall establish, for tax purpose, the value of any gift or donation. Reference: Education Code Section 72122 (Education Code 1834) College Council 4/6/2015 Page 59 Former Board of Trustees Policy No. 702, number change only on June 5, 2012 August 15, 1977 Amended October 3, 1994 College Council 4/6/2015 Page 60 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 3912 Number Update only from Board of Trustees Policy No. 905 RELATIONS WITH SPECIAL INTEREST GROUPS Any requests from civic institutions or special interest groups which involve such activities as patriotic functions, contests, exhibits, sales of products to and by students, graduation prizes, fund raising, and free teaching materials must be carefully reviewed to insure that on balance such activities promote student interests without advancing the special interests of any particular group. It is the policy of the Board that students, staff members and College facilities shall not be used for advertising or promoting the interests of any non-College agency or organization, public or private, without the approval of the President/Superintendent or designee Board or its delegated representative; and any such approval granted, for whatever cause or group, shall not be construed as an endorsement of such cause or group by the Board. All materials or activities proposed by outside sources for student or staff use or participation shall be evaluated on the basis of educational value in the total College program; benefit to students; advancement of the name, product or special interest of the proposing group; factual accuracy and good taste. All solicitation of funds from students or faculty for purposes other than authorized College activities will be prohibited, except with the expressed approval of the Board of Trustees. The Board recognizes the social and scholastic values that may be derived by students participating in various activities sponsored by community organizations, but specifies there shall not be unreasonable demands on the time and energies of students and staff. Former Board of Trustees Policy No. 905, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 College Council 4/6/2015 Page 61 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 4025 PHILOSOPHY AND CRITERIA FOR ASSOCIATE DEGREE AND GENERAL EDUCATION Courses that are designated to fulfill the general education and depth requirements shall meet the following philosophy. The awarding of an Associate degree is intended to represent more than an accumulation of units. It is to symbolize a successful attempt on the part of the college to lead students through patterns of learning experiences designed to develop certain capabilities and insights. Among these are the ability to think and to communicate clearly and effectively both orally and in writing; to use mathematics, to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems, and to develop the capacity for self-understanding. In addition to these accomplishments, the student shall possess sufficient depth in some field of knowledge to contribute to lifetime interest. Central to an Associate degree, general education is designed to introduce students to the variety of means through which people comprehend the modern world. It reflects the conviction of colleges that those who receive their degrees must possess in common certain basic principles, concepts, and methodologies both unique to and shared by the various disciplines. College educated persons must be able to use this knowledge when evaluating and appreciating the physical environment, the culture, and the society in which they live. Most important, general education should lead to better understanding. In the establishing or modifying a general education program, ways shall be sought to create coherence and integration among the separate requirements. It is also desirable that general education programs involve students actively in examining values inherent in proposed solutions to major society problems. The President/Superintendent shall establish procedures to assure that courses used to meet general education and associate degree requirements meet the standards in this policy. The procedures shall provide for appropriate Academic Senate involvement. PHILOSOPHY The associate degrees offered by District are intended to symbolize the successful completion of a pattern of learning experiences designed to develop the ability to think and to communicate clearly and effectively both orally and in writing, to use mathematics, to understand the modes of inquiry of the major disciplines, to be aware of other cultures and times, to achieve insight gained through experience in thinking about ethical problems, and to develop the capacity for self understanding. An associate degree may be conferred upon a student who has demonstrated these competencies and who has satisfactorily completed at least 60 semester units of college work, including course requirements specific to each degree. DEGREES AND REQUIREMENTS College Council 4/6/2015 Page 62 The District will award the Associate of Science Degree in a specific program area, the Associate of Arts Degree or the Associate of Science Degree in General Studies, and the Associate of Arts degree in University Studies. These degrees will be awarded to students who have completed all requirements with a minimum cumulative Grade Point Average of 2.0 for all courses applied to the degree and who have earned a "C" or better in each course required for the degree except for unrestricted electives. Unrestricted electives are courses that are not specifically required to meet program or general education requirements. The degree course work must include at least 18 semester units in General Education. Of the required units, at least 15 semester units and 12 of the required units in the major field of study must be completed at the District. Specific degree requirements are adopted by the Board of Trustees, relying primarily upon the advice and judgment of the Academic Senate. These requirements will be reviewed periodically by the Academic Senate and its Curriculum Committee to ensure relevance, currency, and consistency with State regulations. GENERAL EDUCATION The purpose of general education at the District is to encourage students to think more deeply and more broadly both about their own lives and about the world in which they live. General education provides students with skills in the areas of communication, computation, and critical thinking and introduces them to the basic modes of inquiry in the various academic areas. It promotes an understanding of values, a sense of civic responsibility, a commitment to preserving the natural environment, an appreciation of cultural diversity, and an understanding of the interrelationships among all societies. GENERAL EDUCATION REQUIREMENTS A. NATURAL SCIENCE (3 Units). Courses in the natural sciences are those that examine the physical universe, its life forms, and its natural phenomena. To satisfy the general education requirement in natural sciences, a course shall be 1 College Council 4/6/2015 Page 63 designed to help a student develop an appreciation and understanding of the scientific method and to encourage an understanding of the relationships between science and other human activities. This category may include introductory or integrative courses in astronomy, biology, chemistry, environmental science, general physical science, geology, meteorology, oceanography, physical geography, physics, and other scientific disciplines. B. SOCIAL SCIENCE (3 Units). Courses in the social and behavioral sciences are those that focus on people, group relations, and society. To satisfy the general education requirement in social and behavioral sciences, a course shall be designed to develop an awareness of the method of inquiry used by the social and behavioral sciences. It shall be designed to stimulate critical thinking about the ways people act and have acted in response to their societies and should promote appreciation of how societies and social subgroups operate. This category may include introductory or integrative survey courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology, and related disciplines. C. HUMANITIES (3 Units). Courses in the humanities are those that study the cultural activities and artistic expressions of human beings. To satisfy the general education requirement in the humanities, a course shall be designed to help the student develop an awareness of the ways in which people throughout the ages and in different cultures have responded to themselves and the world around them in artistic and cultural creation and to help the student develop aesthetic understanding and an ability to make value judgments. Such courses may include introductory or integrative courses in the arts, foreign languages, literature, philosophy, and religion. D. LANGUAGE AND RATIONALITY (9 Units). Courses in language and rationality are those that develop for the student the principles and applications of language toward logical thought, clear and precise expression, and critical evaluation of communication in whatever symbol system the student uses. 1. WRITING (3 Units). Courses fulfilling the written composition requirement shall be designed to include both expository and argumentative writing. 2. ORAL COMMUNICATION (3 Units). Courses fulfilling the communication requirement include oral communication and courses in other disciplines that have oral communication as their primary focus. 3. ANALYTICAL THINKING (3 Units). Courses fulfilling the analytical thinking requirement include mathematics, logic, statistics, computer languages and programming, and related disciplines. 2 College Council 4/6/2015 Page 64 NOTE: While a course might satisfy more than one general education requirement, it may not be counted more than once for these purposes. A course may be used to satisfy both a general education requirement and a specific program requirement. ETHNIC STUDIES will be offered in at least one of the required areas. CERTIFICATE REQUIREMENTS To receive a certificate of achievement or a certificate of completion, a student must complete all of the courses required for the certificate with a minimum grade of "C" in each course. Reference: Title 5 Section 55805; Accreditation Standard II.A.3 References: Title 5 Section 55061; ACCJC Accreditation Standard II.A (formerly II.A.3) Adopted by Board of Trustees: 12/5/06 Former Policy #120, “Associate Degree and Certificate Requirements,” Adopted by the Board of Trustees: 5/3/82 Amended: 2/3/86, 5/2/94, 3/5/02, 4/5/05, 1/10/06 3 College Council 4/6/2015 Page 65 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 4030 ACADEMIC FREEDOM The Board of Trustees and the Academic Senate of the Redwoods Community College District, in an effort to promote and protect the academic freedom of faculty and students, endorse the following policy. It is the responsibility of the Redwoods Community College District to provide an institutional environment that encourages academic freedom and instills respect and commitment to the obligations required to maintain these freedoms. Academic freedom represents the continual search for truth, and it includes protection for the teacher to teach and for the student to learn without coercion, censorship, or other forms of restrictive interference. Academic freedom recognizes that freedom to teach and freedom to learn imply both rights and responsibilities within the framework of the law. Free discussion and free access to information, therefore, are the heart of the continuing search for truth. Academic freedom is the freedom to discuss all relevant matters in and outside of the classroom, to explore all avenues of scholarship, research, and creative expression. When faculty members speak or write as citizens, thereby exercising their constitutional right of free speech, it should be as persons who are free from institutional censorship or discipline. With academic freedom comes academic responsibility which implies the faithful performance of professional duties and obligations, the recognition of the demands of the scholarly enterprise, and the candor to make it clear that when one is speaking on matters of public interest, one is not speaking for the institution. References: Title 5, Section 51023; Accreditation Standard II.A.7; ASCCC Resolution Approved Fall 2010; ACCJC Accreditation Eligibility Requirement 20 and ACCJC Accreditation Standard I.C.7 (formerly II.A.7) 1940 Statement of Principles on Academic Freedom and Tenure, including the 1958 and 1970 interpretative comments of the American Association of University Professors. Title 5 Section 51023; Adopted by Board of Trustees: 12/5/06 Amended: 04/03/2012 Former Policy #326, “Academic Freedom,” Adopted by the Board of Trustees: 8/15/77 College Council 4/6/2015 Page 66 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy Proposed BP 4040 Library Services The District shall have library services that are an integral part of the educational program and will comply with the requirements of the Reader Privacy Act. INSTRUCTIONAL MATERIALS AND SERVICES It shall be the policy of the Board, within budgetary constraints, to provide materials that support the courses and programs of the College, that provide for the development of students’ information competency skills, and that meet the research and information needs of the students. Such materials shall include reference books, library books, audiovisual materials, maps, electronic resources or research tools, and any other supplementary resources as appropriate or necessary. It shall be the policy of the Board that there may be a charge to students for materials commensurate with additional student use of supplies and/or materials. References: Education Code Section 78100; Civil Code Section 1798.90 College Council 4/6/2015 Page 67 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure Proposed AP 4040 LIBRARY AND OTHER INSTRUCTIONAL SUPPORT SERVICES Under supervision of the appropriate administrator, the District’s librarians in consultation with the faculty and dean from each academic area have the responsibility of coordinating the development and maintenance of a well-rounded, well-balanced collection of instructional materials and resources of the highest possible standard. The library staff recognizes the obligation of college policies and procedures to promote free and open discussions as an educative force and to prepare students to deal with controversial issues. The library has the responsibility of providing materials on opposing sides of controversial issues and representative of the many groups and opinions prevalent in our society. The district librarians will establish procedures for materials selection. As a measure of adequacy the library should review its collection against the recommended lists of materials for community college libraries, professional journals in all disciplines taught at the college, and current bibliographic publications. Broad objectives in selection of educational materials include: Providing materials that will enrich and support the curriculum. Providing materials that will stimulate growth in factual knowledge. Providing a background of information, that will enable students to make intelligent judgments in their daily lives. Providing materials representative of the diversity of the District. Placing principle above personal opinion and reason above prejudice in the selection of materials. If library materials are questioned or challenged by members of the community, the questions should be directed in writing to the administrator of the library, signed by the person raising the question, and indicating specific objections, page references, etc. The questioned materials will then be reviewed by the supervising manager and the college librarians. When this review has been completed, the supervising manager will respond in writing to the question/challenge and forward copies of the letter to the President/Superintendent. The questioner may accept the review, or present an appeal through the President to the Board of Trustees. References: Education Code Section 78100; Accreditation Standard II.C College Council 4/6/2015 Page 68 LIBRARY AND OTHER INSTRUCTIONAL SUPPORT SERVICES The Eureka, Del Norte, and Mendocino Campus Libraries are the primary resource materials centers of the Redwoods Community College District. Their main purpose is to support the curriculum, the mission, and the goals of the college by providing information resources and research materials as well as instruction, service, and guidance in their use. The libraries are teaching facilities, in contrast to libraries at research institutions; and they are committed to furthering information literacy as an important component of any educational goal, as an appropriate learning outcome in any course or program, and as an essential element for lifelong learning. This collection development and evaluation policy reflects the mission and institutional goals of the College as stated in Board Policy 1200, "District Mission." Accordingly, the objectives in collection development are, primarily, to provide: 1.rigorous, high-quality educational resources and materials in support of AA degree programs, AS degree programs, and certificate programs; 2.high-quality core-curriculum resources and materials covering lower-division general- education subjects and/or major preparation requirements for transfer to fouryear colleges and universities; 3.high-quality professional and technical materials and resources that will support students’ efforts to obtain skills necessary to enter the work force, to advance in the work force, or to be better prepared for further education; and 4.current technological resources, innovative instructional resources, and broad-based research tools; and, secondarily, to provide: 1.resources that enhance lifelong learning and promote the general welfare of the community; 2.resources and materials that respond to local interests and needs; 3.resources for a vocational, recreational, and professional development needs; 4.resources that support cultural and community programs; and 5.resources that foster the economic vitality of the north coast. To meet these goals, the college will purchase materials and resources: that include all appropriate media and formats; College Council 4/6/2015 Page 69 that enrich and support the curriculum; that stimulate growth in factual knowledge; that objectively present all reasonable sides of controversial issues; that enable students to make intelligent judgments in their daily lives; that are representative of religious, ethnic, and cultural diversity; and that explain or illustrate opposing sides in order to develop the practice of critical reading and thinking. The college generally will not purchase for the collections the following materials, which do not support the collection-development objectives: extensive materials in subject areas not covered in programs or courses; highly specialized technical publications and upper-division or graduate-level research tools, resources, and materials; rare and out-of-print materials, first editions, signed editions, and collectibles; resources and materials targeted to professional development of faculty; textbooks; and extensive or specialized resource collections of materials readily available at other local libraries or institutions. The following criteria will be applied to the selection of materials in the libraries: anticipated use, accuracy, authority, scope, literary merit, level of treatment, format, timeliness of publication, and cost. Students, staff, and faculty are encouraged to suggest materials for acquisition. Faculty may volunteer as or may be appointed to serve as library liaisons, who will assist in collection development. However, the final responsibility for developing and maintaining a balanced collection remains with the librarians and with the administrative supervisor(s) for the libraries. The college encourages gifts of materials or of funds for purchasing materials. Donated materials may be added to the collections if they conform to this collection development policy, and unwanted gifts may be disposed of in accordance with Board Policy 706, "Disposition Of Personal Property." The college does not appraise gifts for tax purposes. All gifts and donations will be reported in accordance with Board Policy 702, "Gifts, Grants, Donations." The libraries purchase only those materials that will be catalogued and made a part of the collections for faculty, student, and staff use. College Council 4/6/2015 Page 70 Materials required for instructor, departmental, division, administrative, office, or classroom use should be requested through the budget of the appropriate division or office. The development of effective resources and materials collections must include a systematic evaluation of materials to be withdrawn. The librarians and the library liaisons at each campus are responsible for recommending the resources and materials to be withdrawn. The collections will be evaluated at least once every two years. Re view of materials to be withdrawn is a careful one, involving the consideration of the following factors: Materials that are outdated, obsolete, or that contain misinformation; Early editions that have been superseded by subsequent editions; Supplemental texts that have been superseded; Materials for which there is insufficient use or demand; Materials no longer relevant tot he courses or programs; or Materials that are damaged or in poor condition. The college libraries recognize the value of resource sharing through interlibrary loans, reciprocal agreements, resource networks, and cooperatives. Involvement in resource sharing provides access to a more extensive pool of materials and makes available resources that are not within the scope of the various collections. College of the Redwoods is a member of the North State Cooperative Library System (NSCLS), which provides access to materials in collections at academic, public, and private libraries throughout Northern California. The college is also a member of the Community College Library Consortium, a service of the Community College League of California, which provides the opportunity to purchase discounted online and electronic research tools and resources. Library holdings at all district locations are represented in the online College Library Book Catalog, and circulating items held at any campus library are available for borrowing from any other campus library. College Council 4/6/2015 Page 71 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 4060 DELINEATION OF FUNCTIONS AGREEMENTS Whenever a mutual agreement with a school district or other educational entity relating to responsibility for noncredit continuing education programs is required by state law, the President/Superintendent shall present an appropriate memorandum of understanding to the Board of Trustees for approval. Reference: Education Code Sections 8535, 8536 Adopted by Board of Trustees: 11/6/07 Former Policy #113, “Classes for Adults,” Adopted by the Board of Trustees: 8/15/77 College Council 4/6/2015 Page 72 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy Proposed New BP 4250 ACADEMIC PROBATION, DISMISSAL, AND READMISSION Probation A student shall be placed on academic probation if he or she has attempted a minimum of 12 semester units of work and has a grade point average of less than a "C" (2.0). A student shall be placed on progress probation if he or she has enrolled in a total of at least 12 semester units and the percentage of all units in which the student has enrolled, for which entries of "W," "I," "NC," and “NP” were recorded reaches or exceeds 50 percent. A student who is placed on probation may submit an appeal in accordance with procedures established by the President/Superintendent. A student on academic probation shall be removed from probation when the student's accumulated grade point average is 2.0 or higher. A student on progress probation shall be removed from probation when the percentage of units in the categories of "W," "I," "NC," and “NP” drops below 50 percent. Dismissal A student who is on academic probation shall be subject to dismissal if the student has earned a cumulative grade point average of less than 2.0 in all units attempted in each of three consecutive semesters. A student who is on progress probation shall be subject to dismissal if the cumulative percentage of units in which the student has been enrolled for which entries of "W," "I," "NC," and “NP” are recorded in at least three consecutive semesters reaches or exceeds 50 percent. A student who is subject to dismissal may submit a written appeal in compliance with administrative procedures. Dismissal may be postponed and the student continued on probation if the student approved appeal demonstrates evidence of extenuating circumstances or shows significant improvement in academic achievement. Readmission A student who has been dismissed must request reinstatement after one primary term of nonattendance has passed. College Council 4/6/2015 Page 73 Readmission may be granted, denied, or postponed according to criteria contained in administrative procedures. The President/Superintendent shall develop procedures for the implementation of this policy that comply with the Title 5 requirements. See Administrative Procedure AP 4250. Reference: Education Code Section 70902(b)(3); Title 5 Sections 55030-55034 College Council 4/6/2015 Page 74 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4250 ACADEMIC PROBATION, DISMISSAL, AND READMISSION Notification of Probation – Each student is entitled to be notified of his/her academic difficulty and the availability of college support services to respond to the academic difficulty before the student is dismissed. Notification will consist, at a minimum, of the following: At the end of the semester in which the student’s grade point average falls below 2.0 in all units attempted, a notice that the student is on probation shall be sent to the student informing him/her that he/she is on academic probation. “All units attempted” is defined as all units of credit for which the student is enrolled in at College of the Redwoods. A. STANDARDS FOR PROBATION 1. Academic Probation A student who has earned at least 12 units shall be placed on academic probation if the student has earned a cumulative grade point average below 2.0. Earned units are those units for which entries do not include "W," "I" and/or "NC.” a. Any student who is placed on academic probation must bring his/her cumulative grade point average to a 2.0 or above in order to be removed from academic probation. 2. Progress Probation A student who has attempted a total of at least 12 units shall be placed on progress probation when the percentage of units in which the student has attempted, for which entries of "W," "I" and/or "NC" are recorded reaches or exceeds 50%. Attempted units are those for which a student was enrolled. a. Students who successfully complete more than 50% of their total attempted units shall be removed from progress probation. 3. Probationary Message The message notifying the student of probation will cover, at a minimum, the significance of being on probation and description of the services available. B. STANDARDS FOR DISMISSAL 1. Academic Dismissal a. A student who is on academic probation shall be subject to dismissal if the student earned a cumulative grade point average of less than 2.0 in all units College Council 4/6/2015 Page 75 earned in 3 consecutive semesters. b. A student who should be dismissed, but who earned a current 2.0 or better GPA during the determining semester, will be allowed to continue on academic probation the following term. 2. Progress Dismissal a. A student who has been placed on progress probation shall be subject to dismissal if the percentage of units in which the student has attempted for which entries of "W", "I" and "NC" are recorded in at least 3 consecutive semesters reaches or exceeds 50%. b. A student who should be dismissed, but who successfully completed more than 50% of the attempted units during the determining semester will be allowed to continue on progress probation the following term. 3. Combination of Academic and Progress Dismissal a. A student shall be subject to dismissal who has been on probation for two consecutive terms with a combination of academic and progress probation and would remain on probation for a third consecutive term. b. Students subject to dismissal, but who earned a current 2.0 or better GPA during the determining semester will be allowed to continue on probation the following term providing more than 50% of the units for which they attempted during the semester were completed. 4. Dismissal Message The message notifying the student that he/she has been dismissed will cover, at a minimum, reference to this procedure, explanation of what dismissal means and a procedure to appeal for reinstatement to the appropriate probation level 2 status. 5. Appeal of Dismissal a. The student has the right to appeal a dismissal action if facts exist that warrant an exception to the dismissal action. The student must file the written petition of appeal with the Office of Admissions and Records within 10 working days after the dismissal message was sent. If the student fails to file a written petition within the 10 days, the student waives all future rights to appeal the dismissal action. It is the student's responsibility to indicate on the petition a clear statement of the grounds on which continued enrollment should be granted and to provide evidence/documentation supporting the reasons. Petitions will be reviewed by Academic Appeals Committee. College Council 4/6/2015 Page 76 b. The decision of the Academic Appeals Committee will be communicated to the student in writing (which includes email notification) by the Office of Admissions and Records. The Office of Admissions and Records will notify the student of the committee’s action within 5 working days of receipt of the student's appeal. The student may appeal the decision of the Academic Appeals Committee in writing to the CSSO within 5 working days of the date of notification of the decision of the Academic Appeals Committee. The decision of the CSSO is final. c. If the dismissal appeal is granted, the student will be reinstated to probation level 2 for an additional semester. At the end of the additional semester, the student’s academic record will again be evaluated to determine whether the student may be removed from probation, should be dismissed, or should be continued on probation. 6. Re-Admission after Dismissal a. After receiving a recommendation for readmission from a counselor, the Academic Appeals Committee will consider whether or not students may be re-admitted after a dismissal and one semester absence, the following criteria will be considered: i. Documented extenuating circumstances. ii. Other college credit coursework or non-credit course showing marked improvement between after the semesters on which disqualification was based. iii. Improved GPA as a result of grade changes, fulfillment of incomplete courses, or academic renewal. iv. The student participates in a corrective program designed to assist him/her in improving academic skills. Former Administrative Regulation No. 503.03, number change only on July 10, 2012 Adopted by Board of Trustees: February, 1980 Amended: May 1992, March 7, 1994 College Council 4/6/2015 Page 77 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4250 Number Update only from Administrative Regulation No.503.03 REGULATIONS RE: ACADEMIC STANDING The Board of Trustees recognizes that exclusion from the educational program of the school whether by probation, suspension, or dismissal is the most severe sanction that can be imposed on a student in this College and one that cannot be imposed without due process. The standards and processes by which a student may be placed on probationary or dismissal status and removed therefrom are described below. A. STANDARDS FOR PROBATION 1. Academic Probation A student who has attempted at least 12 units shall be placed on academic probation if the student has earned a cumulative grade point average below 2.0. a. Students from other colleges who enter College of the Redwoods with a cumulative grade point average below 2.0 will be placed on probation. b. Any student who is placed on probation must bring his/her cumulative grade point average to a 2.0 average in order to be removed from probation. 2. Progress Probation a. A student who has enrolled in a total of at least 12 semester units shall be placed on progress probation when the percentage of units in which the student has enrolled, for which entries of "W," "I" and/or "NC" are recorded reaches or exceeds 50%. b. Students who successfully complete at least 50% or more of the units in this category shall be removed from progress probation. B. STANDARDS FOR DISMISSAL 1. Academic Dismissal a. A student who is on academic probation shall be subject to dismissal if the student earned a cumulative grade point average of less than 2.0 in all units attempted in 3 consecutive semesters. b. A student who should be dismissed, but who earned a current 2.0 or better College Council 4/6/2015 Page 78 GPA during the determining semester, will be allowed to continue on probation the following term. 2. Progress Dismissal a. A student who has been placed on probation shall be subject to dismissal if the percentage of units in which the student has been enrolled for which entries of "W", "I" and "NC" are recorded in at least 3 consecutive semesters reaches or exceeds 50%. b. A student who should be dismissed, but who successfully completed 50% or more of the units during the determining semester will be allowed to continue on probation the following term. 3. Combination of Academic and Progress Dismissal a. A student shall be subject to dismissal who has been on probation for two consecutive terms with a combination of academic and progress probation and would remain on probation for a third consecutive term. b. Students subject to dismissal, but who earned a current 2.0 or better GPA during the determining semester will be allowed to continue on probation the following term providing at least 50% or more of the units for which they enrolled during the semester were completed. READMISSION 1. Students who have been dismissed from College of the Redwoods may apply for readmission after one regular semester of non-attendance. 2. In extreme cases, in which dismissal resulted from extenuating circumstances, students may appeal directly to either the Director of Admissions and Records (Eureka and Branch Campuses) or the Dean of CRDN or Dean of CRMC. Appeals beyond the Dean of CRDN and CRMC or the Director of Admissions and Records may be made to the last two level of appeals (if necessary): a. Vice President of Student Services b. Academic Appeals Committee, which is the final appeal level. Such extenuating circumstances shall be those of acute medical, family or other personal problems of such gravity that they may reasonably be seen as rendering normal academic functioning unlikely or impossible so as to reduce materially the student's grades. Former Administrative Regulation No. 503.03, number change only on July 10, 2012 Adopted by Board of Trustees: February, 1980 Amended: May 1992, March 7, 1994 College Council 4/6/2015 Page 79 REDWOODS COMMUNITY COLLEGE DISTRICT BP4300 Board Policy Number Update only from Board of Trustees Policy No.112 FIELD TRIPS AND EXCURSIONS The President/Superintendent shall establish procedures that regulate the use of District funds for student travel and attendance at conferences and other activities that are performed as a class assignment or co-curricular activity. The District may pay for expenses of students participating in a field trip or excursion with auxiliary, grant or categorical program funds if the funds are used consistently with the funding source. The expenses of instructors, chaperones, and other personnel traveling with students may also be paid from District funds. Students and staff shall at all times adhere to the standards of conduct applicable to conduct on campus. The Board recognizes that field trips when used as a device for teaching and learning integral to the curriculum are an educationally sound and important ingredient in the instructional program of the College. Properly planned and executed field trips can: a. supplement and enrich classroom procedures by providing learning experiences in an environment outside the College, b. arouse new interests among students, c. help students relate College experiences to the reality of the world outside of the College, d. bring all the resources of the community--natural, artistic, industrial, commercial, governmental, educational--within the ambit of a student's learning experience, e. afford students the opportunity to study real things and real processes in their actual environment. To support this policy, the President is directed to develop procedures which cover: a. authorization for field trip expense b. insurance provisions during field trips c. code of conduct for students on field trips Education Code 72640, 72641, 87706 Former Board of Trustees Policy No. 112, number change College Council 4/6/2015 Page 80 REDWOODS COMMUNITY COLLEGE DISTRICT DRAFT AP 4300 Administrative Procedure Number Update only from Administrative Regulation No. 112.01 FIELD TRIPS AND EXCURSIONS The District may conduct field trips and excursions in connection with courses of instruction or college-related social, educational, cultural, athletic or musical activities to and from places in California, or any other state, the District of Columbia, or a foreign country for students. The District shall engage instructors, supervisors, and other personnel as may be necessary for such excursions or field trips who desire to contribute their services over and above the normal period for which they are employed by the District. The District shall, at the discretion of the appropriate administrator, transport students, instructors, supervisors or other personnel by use of District equipment, contract to provide transportation, or arrange transportation by the use of other equipment. The District may pay expenses of instructors, chaperones and other personnel participating in a field trip or excursion. Payment shall be by way of itemized reimbursement in a form prescribed by the Business Offce. The District may pay for expenses of students participating in a field trip or excursion with auxiliary, grant or categorical program funds if the funds are used consistently with the funding source. No student shall be prevented from making a field trip or excursion which is integral to the completion of the course because of lack of sufficient funds. All persons making a field trip or excursion shall be deemed to have waived all claims against the District for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking such trips and all parents or guardians of minor students shall sign a statement waiving such claims. A. Alert instructors will enhance the learning of their students with appropriate and carefully planned field trips. These are to be reported and approved in advance by the Executive Vice President, Academic and Student Services, with transportation arranged through the Supervisor, Buildings and Grounds. Whenever possible, they should not cause absences from classes of other instructors. If there is conflict, more careful evaluation and less freedom to make the field trip must be accepted. The following provisions apply: 1. When any instructor is on a field trip, or other supervised activities approved by the Office of Academic Services, this becomes an extension of the College and the same coverages that are available to the College are then transferred to a person on the field trip. 2. In case the district is sued for negligence, the district liability policy is effective and covers the district's responsibility as well as that of the employee. College Council 4/6/2015 Page 81 3. Medical coverage is available to individual students injured on an official field trip, and students enrolled on this campus (or branch campus). Since faculty will be responsible for field trip or activity groups, they should uphold the "Code of Conduct for College of the Redwoods Trips" devised by the Student Council and approved by the Board of Trustees in January, 1966. Each person representing College of the Redwoods recognizes his responsibility for proper conduct on all college sponsored trips. Prior to the trip the advisor shall inform each participant of this the code of conduct. B. Code of Conduct for College of the Redwoods Trips 1. Basic responsibilities: a. Each person representing College of the Redwoods recognizes his responsibility for proper conduct on all college sponsored trips. b. Prior to the trip the advisor shall inform each participant of this the code of conduct. 2. Regulations of conduct: a. When representing College of the Redwoods, any participant who appears under the influence of alcoholic beverages, or is present where they are being consumed or served, may be subject to disciplinary action. b. Hotel or motel conduct: All participants are expected to show proper consideration for the rights and welfare of others. Undue noise or disturbances shall be considered violations of this regulation. c. Mixed gatherings of men and women in private areas such as motel and hotel rooms will not be allowed. d. Personal dress shall be appropriate for College representation. ln preparation for the trip, the faculty advisor and the group will determine appropriate dress for the occasion. 3. Disciplinary action: a. Any student whose behavior either on or off campus tends to bring discredit to the College will be summoned before the Executive Vice President, Academic and Student Services. Appearance before him may result in probation, suspension, or expulsion. C. Transportation Procedures 1. All instructional personnel must complete a Travel Request for themselves and/or students. This request must be properly by signed by the Executive Vice President, Academic and Student Services, after approval by the Division Chairperson for main campus, or Branch Coordinator and Director, Education Center, for branches. 2. After appropriate approvals are obtained, a copy of the form goes to the secretary of the supervisor, Buildings and Grounds, for scheduling of the appropriate vehicle, or to the CSSO’s or CIO’s President's secretary administrative assistant for air travel arrangements and tickets. 3. Scheduling of vehicles is on a first-come, first-serve basis with suggestions being made to provide solutions for vehicle conflicts. College Council 4/6/2015 Page 82 4. To provide the best scheduling possible, a minimum of five days prior to need of the vehicle is essential. 5. Individuals scheduling with a college vehicle (other than buses) shall obtain the key, credit card, trip slip, first aid kit and flares, and at the same time shall register his driver's license number with the secretary to the Supervisor, Buildings and Grounds. When school buses are provided, the driver will be obligated to register the necessary information and be at the appointed place at the request hour as assigned by the secretary. 6. For trips involving the school bus, the Buildings and Grounds office will obtain a properly approved driver, and he shall be in charge of the conduct on the bus, and be responsible to the instructor conducting the trip only as far as the required times, places, etc. Under no circumstances is the bus driver to be considered as an instructor or advisor responsible for the conduct of the students on a trip unless he is a certificated employee and licensed to drive the bus. 6 7. Out of consideration for fellow instructors and employees, a point of politeness and courtesy is expected. This means the individual returning the car should do so at the time that was agreed to. Furthermore, out of common courtesy all debris and materials left in the vehicles should be cleaned out. There are many instances where the vehicle is returned by one instructor, and within the hour it is on the road again. The individual having the keys, credit card and the use of any given vehicle must assume the responsibility of returning same to the secretary of the Buildings and Grounds office. 7 8. For any person to be reimbursed for use of his own car, (instructors or students) there must have been previously filed a signed statement showing the name and address of the driver, of the insurance broker, name of the insurance company, the driver's license number and expiration date name of vehicle to be used. The above required information must be registered with the secretary, Buildings and Grounds Division. Reimbursement Schedule Reimbursement for use of private vehicles on previously approved College functions shall be either (a) or (b): a. b. Board of Trustees travel policy, which allows 20 cents a mile, not to exceed appropriate air fare. At the request of many instructors, a reimbursement schedule allowing the individual to use his own vehicle and a College credit card has been established. Therefore, reimbursement to individual students or instructors under this option considers the purchase of gas and oil on the College credit card in the individual vehicle. Interpretations Regarding Insurance and Responsibility 1. A student who takes his own car in conjunction with the district car on the same College Council 4/6/2015 Page 83 trip, is this an extension of the classroom? "YES" if taken at the request of the College and properly registered previously. 2. Will the student be reimbursed for his vehicle? "YES," according to policy above. 3. The student insurance for his own vehicle is primary and required by the California Vehicle Code as well as College of the Redwoods. 4. In case of accident involving a student or students in student car, does the College vehicle medical coverage apply? "NO," The student's own insurance is never canceled by virtue of going on an approved trip for College of the Redwoods; therefore, his medical insurance will apply for his passengers. 5. Can the instructor or student who is reimbursed by the college make claims against the college for more than the amount of the reimbursement policy? "NO," this includes vehicle use for his blown tires, any damage or medical, or mechanical breakdown. The district is not obligated financially nor is the insurance carrier. 6. The College insurance program is designed and available only for the protection of College instructors and its employees acting within the scope of their required duties. 7. All of the vehicles have been supplied with accident report forms, provided and required by the insurance company together with first-aid kits. Many of these vehicles have received two and three sets of first-aid kits. ln addition, we have given up trying to keep flares in the vehicles as they always disappear. 8. All accidents must he reported to a law enforcement immediately as well as completing the accident form. The Faculty Handbook makes the following statements appropriate to this problem: 1. When any instructor is on a field trip or other supervised activity approved by the Office of Academic Services, this becomes an extension of the College and the same coverages that are available to the College are then transferred to a person on the field trip. 2. In case the district is sued for negligence, the district liability policy is effective and covers the district's responsibility as well as that of the employee. D. Out-of-State Travel Travel expenses by employees or students at District expense after approval by the appropriate administrative personnel involved, and without any increase in budgetary allowance for the individual departments or divisions concerned, will be permitted in the states of Oregon and Washington. Travel for anyone beyond the three Pacific Coast States will be approved only by the College President. College Council 4/6/2015 Page 84 Former Administrative Regulation No. 112.01, number change only on May 1, 2012 Former Administrative Regulation No. 116.01, number change only on May 1, 2012 Adopted by Board of Trustees: June, 1983 College Council 4/6/2015 Page 85 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 4400 Number Update only from Board of Trustees Policy No. 121 COMMUNITY SERVICE PROGRAMS The District shall maintain a community services program that contributes to the physical, mental, moral, economic, or civic development of the individuals or groups enrolled in it. Community services courses shall be open for admission of adults and of minors who can benefit from the programs. No General Fund monies may be expended to establish or maintain community services courses. Students involved in community services courses shall be charged a fee not to exceed the cost of maintaining the courses. Courses may also be offered for remuneration by contract or with contributions or donations of individuals or groups. Community services classes and activities are characterized by the fact that they serve more personal than public interests. For the purpose of establishing criteria for determining what will be a community service class, it will be acknowledged that any course which does not qualify as baccalaureate appropriate and does not lead to a certificate or A.A. Degree may be considered for a community services class. Further, community service classes will be non-ADA and non-credit and will have a fee assigned to them. Community services include: 1. Community Services Classes A. Avocational Classes B. Recreational Classes C. Seminars, Lecture Series, Forum Series, Workshops, and Conferences D. Professional and Occupational Inservice Classes 2. Community Service Activities A. Civic Center Activities B. Cultural Activities C. Community Development Activities D. Recreational Activities Board of Trustees Policy No. 121, number change only on May 1, 2012 Adopted by Board of Trustees: May 3, 1982 College Council 4/6/2015 Page 86 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy Proposed BP 5015 This is fine and is according to CCLC language RESIDENCE DETERMINATION Students shall be classified at the time of each application for admission or registration as a resident or nonresident student. A resident is any person who has been a bona fide resident of California for at least one year on the residence determination date. The residence determination date shall be the day immediately preceding the first day of a semester or summer session for which the student applies to attend. Residence classification shall be made for each student at the time applications for admission are accepted or registration occurs and whenever a student has not been in attendance for more than one semester. A student previously classified as a nonresident may be reclassified as of any residence determination date. The President/Superintendent shall enact procedures to assure that residence determinations are made in accordance with Education Code and Title 5 regulations. References: Education Code Sections 68040, 76140; Title 5 Sections 54000 et seq. Adopted by Board of Trustees: 2/6/07 Former Policy #501, “Non-Resident Students,” Adopted by the Board of Trustees: 8/15/77 Amended: 2/7/94 College Council 4/6/2015 Page 87 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5015 RESIDENCE DETERMINATION Residence Classification Residency classifications shall be determined for each student at the time of each registration and whenever a student has not been in attendance for more than one semester. Residence classifications are to be made in accordance with the following provisions: • A residence determination date is that day immediately preceding the opening day of instruction for any session during which the student proposes to attend. • Residence classification is the responsibility of the Admissions and Records Office. • Students must be notified of residence determination within 14 calendar days of submission of application. Rules Determining Residence A student who has resided in the state for more than one year immediately preceding the residence determination date is a resident. A student who has not resided in the state for more than one year immediately preceding the residence determination date is a nonresident. The residence of each student enrolled in or applying for enrollment in any class or classes maintained by this District shall be determined in accordance with the Education Code which states that every person has, in law, a residence. In determining the place of residence, the following rules are to be observed: Every person who is married or eighteen years of age, or older, and under no legal disability to do so, may establish residence. A person may have only one residence. A residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which one returns in seasons of repose. A residence cannot be lost until another is gained. The residence can be changed only by the union of act and intent. A man or a woman may establish his or her residence. A woman's residence shall not be derivative from that of her husband. The residence of the parent with whom an unmarried minor child maintains his/her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor's residence is that of the parent with whom the last place of abode was maintained, provided the minor may establish his/her residence when both parents are deceased and a legal guardian has not been appointed. College Council 4/6/2015 Page 88 The residence of an unmarried minor who has a parent living cannot be changed by the minor's own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control. Determination of Resident Status A resident is a student who has been a bona fide resident of the state for one year prior to the residence determination date. A bona fide resident is a person whose residence is in California as determined above except: A student who is a minor and remains in this state after the parent, who was previously domiciled in California and has established residence elsewhere, shall be entitled to retain resident classification until attaining the age of majority and has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution. A student who is a minor and who provides evidence of being entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date with the intention of acquiring a residence therein, shall be entitled resident classification until he/she has resided in the state the minimum time necessary to become a resident. A student who has not been an adult for one year immediately preceding the residence determination date for the semester for which the student proposes to attend an institution shall have the immediate pre-majority-derived California residence, if any, added to the post-majority residence to obtain the one year of California residence. A student holding a valid credential authorizing service in the public schools of this state, who is employed by a school district in a full-time position requiring certification qualifications for the college year in which the student enrolls in an institution, shall be entitled to resident classification if each student meets any of the following requirements: o He/she holds a provisional credential and is enrolled in courses necessary to obtain another type of credential authorizing service in the public schools. o He/she holds a credential issued pursuant to Education Code Section 44250 and is enrolled in courses necessary to fulfill credential requirements. o He/she is enrolled in courses necessary to fulfill the requirements for a fifth year of education prescribed by subdivision (b) of Education Code Section 44259. o A student holding a valid emergency permit authorizing service in the public schools of this state, who is employed by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls at an institution in courses necessary to fulfill teacher credential requirements, is entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than one year. Thereafter, the student’s residency status will be determined under the other provisions of this procedure. College Council 4/6/2015 Page 89 A student who is a full-time employee of the California State University, the University of California or a community college, or of any state agency or a student who is a child or spouse of a full-time employee of the California State University, the University of California or a community college, or of any state agency may be entitled to resident classification, until the student has resided in the state the minimum time necessary to become a resident. A student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident classification. If the member of the armed forces of the United States later transfers on military orders to a place outside this state, or retires as an active member of the armed forces of the United States, the student dependent shall not lose his/her resident classification, so long as he/she remains continuously enrolled in the District. A student who is a member of the armed forces of the United States stationed in this state on active duty, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees. If the student later transfers on military orders to a place outside this state, the student shall not lose his/her resident classification, so long as he/she remains continuously enrolled in the District. A veteran who was discharged or released from at least 90 days of active service less than three years before the date of enrollment in a course commencing on or after July 1, 2015, and his/her dependents, regardless of the veteran’s state of residence is entitled to resident classification. A student who is a minor and resides with his or her parent in a district or territory not in a district shall be entitled to resident classification, provided that the parent has been domiciled in California for more than one year prior to the residence determination date for the semester, quarter or term for which the student proposes to attend. A student who is a Native American is entitled to resident classification for attendance at a community college if the student is also attending a school administered by the Bureau of Indian Affairs located within the community college district. A student who is a federal civil service employee and his or her natural or adopted dependent children are entitled to resident classification if the parent has moved to this state as a result of a military mission realignment action that involves the relocation of at least 100 employees. This classification shall continue until the student is entitled to be classified as a resident, so long as the student continuously attends an institution of public higher education. A student who resides in California and is 19 years of age or under at the time of enrollment, who is currently a dependent or ward of the state through California's child welfare system, or was served by California's child welfare system and is no longer being served either due to emancipation or aging out of the system, may be entitled to resident classification until he/she has resided in the state the minimum time necessary to become a resident. College Council 4/6/2015 Page 90 A student who lives with a parent who earns a livelihood primarily by performing agricultural labor for hire in California and other states, and the parent has performed such labor in this state for at least two months per year in each of the two preceding years, and the parent resides in this District and the parent of the student has claimed the student as a dependent on his state or federal personal income tax return if he/she has sufficient income to have personal income tax liability shall be entitled to resident classification. A student who demonstrates financial need, has a parent who has been deported or was permitted to depart voluntarily, moved abroad as a result of that deportation or voluntary departure, lived in California immediately before moving abroad, attended a public or private secondary school in the state for three or more years, and upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, will be living in California, and will file an affidavit with the District stating that he or she intends to establish residency in California as soon as possible. Right To Appeal Students who have been classified as non-residents have the right to a review of their classification (Title 5 Section 54010 (a)). Any student, following a final decision of residence classification by the Admissions and Records Office, may make written appeal to the Vice President, Chief Student Services Officer within 30 calendar days of notification of final decision by the college regarding classification. Appeal Procedure The appeal is to be submitted to Admissions and Records Office, which must forward it to the Vice President, Chief Student Services Officer within five working days of receipt. Copies of the original application for admission, the residency questionnaire, and evidence or documentation provided by the student, with a cover statement indicating upon what basis the residence classification decision was made, must be forwarded with the appeal. The Vice President, Chief Student Services Officer shall review all the records and have the right to request additional information from either the student or the Admissions and Records Office. Within 30 calendar days of receipt, the Vice President, Chief Student Services Officer shall send a written determination to the student. The determination shall state specific facts on which the appeal decision was made. Reclassification A student previously classified as a non-resident may be reclassified as of any residence determination date. A residence determination date is that day immediately preceding the opening day of instruction for any session during which the student proposes to attend. Petitions are to be submitted to the Admissions and Records Office. Petitions must be submitted prior to the semester for which reclassification is to be effective. Extenuating circumstances may be considered in cases where a student failed to petition for College Council 4/6/2015 Page 91 reclassification prior to the residency determination date. In no case, however, may a student receive a non-resident tuition refund after the date of the first census. Written documentation may be required of the student in support of the reclassification request. A questionnaire to determine financial independence must be submitted with the petition for reclassification. Determination of financial independence is not required for students who were classified as non-residents by the University of California, the California State University, or another community college district (Education Code Section 68044). A student shall be considered financially independent for purposes of residence reclassification if the applicant meets all of the following requirements: • Has not and will not be claimed as an exemption for state and federal tax purposes by his or her parent in the calendar year prior to the year the reclassification application is made; • Has not lived and will not live for more than six weeks in the home of his or her parent during the calendar year the reclassification application is made. A student who has established financial independence may be reclassified as a resident if the student has met the requirements of Title 5 Sections 54020, 54022, and 54024. Failure to satisfy all of the financial independence criteria listed above does not necessarily result in denial of residence status if the one year requirement is met and demonstration of intent is sufficiently strong. Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than financial dependence in the preceding second and third calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident or (2) there is no evidence of the student's continuing residence in another state. The Vice President, Chief Student Services Officer will make a determination, based on the evidence and notify the student not later than 14 days of receipt of the petition for reclassification. Students have the right to appeal according to the procedures above. Non-Citizens The District will admit any non-citizen who is 18 years of age or a high school graduate. If non-citizens are present in the United States illegally or with any type of temporary visa, they will be classified as non-residents and charged non-resident tuition unless they meet the exceptions contained below. If, for at least one year and one day prior to the start of the semester in question, a non-citizen has possessed any immigration status that allows him or her to live permanently in the United College Council 4/6/2015 Page 92 States and she or he meets the California residency requirements, the student can be classified as a resident. Any students who are U.S. citizens, permanent residents of the U.S., and aliens who are not nonimmigrants (including those who are undocumented), may be exempt from paying nonresident tuition if they meet the following requirements: high school attendance in California for three or more years; graduation from a California high school or attainment of the equivalent thereof; registration or enrollment in a course offered by any college in the District for any term commencing on or after January 1, 2002, completion of a questionnaire form prescribed by the Chancellor and furnished by the District of enrollment, verifying eligibility for this nonresident tuition exemption; and in the case of a student without lawful immigration status, the filing of an affidavit that the student has filed an application to legalize his/her immigration status, or will file an application as soon as he or she is eligible to do so. A student who is without lawful immigration status may be classified as a resident if he or she meets the following requirements: • • • • high school attendance in California for three or more years; graduation from a California high school or attainment of the equivalent thereof; registration for classes not earlier than the fall semester or quarter of 2001-2002; the filing of an affidavit that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. The initial residency classification will be made at the time the student applies for admission. Students may file residency questionnaire forms through the third week of the semester to request a review of their residency status. Final residency determination is made by the Vice President, Chief Student Services Officer. Students may appeal the decision. References: Education Code Sections 68000 et seq. and 68130.5; Title 5 Sections 54000 et seq. Approved: 2/6/07 Former Administrative Regulation #501.02, “Non-Resident Students,” Approved: 8/15/77 Amended: 2/7/94, 12/7/99 College Council 4/6/2015 Page 93 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5020 NONRESIDENT TUITION Nonresident students shall be charged nonresident tuition for all units enrolled, unless specifically required otherwise by law. Nonresident students shall be charged nonresident tuition for all units enrolled. Not later than February 1 of each year, the President/Superintendent shall bring to the Board of Trustees for approval an action to establish nonresident tuition for the following fiscal year. The fee shall be calculated in accordance with guidelines contained in applicable state regulations and/or the California Community College Attendance Accounting Manual. The President/Superintendent shall establish procedures regarding collection, waiver, and refunds of nonresident tuition. The President/Superintendent is authorized to implement a capital outlay fee to be charged only to persons who are both citizens and residents of foreign countries. The Board finds and declares that this fee does not exceed the amount expended by the district for capital outlay in the preceding year divided by the total FTES in the preceding fiscal year. Students who would otherwise be charged this fee shall be exempt if they demonstrate that they are a victim of persecution or discrimination in the county of which they are a citizen and resident, or if they demonstrate economic hardship. Students shall be deemed victims of persecution or discrimination if they present evidence that they are citizens and residents of a foreign country and that they have been admitted to the United States under federal regulations permitting such persons to remain in the United States. Students shall be deemed to have demonstrated economic hardship if they present evidence that they are citizens and residents of a foreign country and that they are receiving Temporary Assistance for Needy Families Program, Supplemental Income/State Supplementary benefits, or general assistance. Students who would otherwise be charged this fee shall be exempt if they demonstrate that they have a parent who has been deported or was permitted to depart voluntarily, they moved abroad from California as a result of that deportation or voluntary departure, and they attended a public or private secondary school in the state for three or more years. Upon enrollment, students who qualify for this exemption must be in their first academic year as a matriculated student in California public higher education, live in California, and file an affidavit with the District stating that they intend to establish residency in California as soon as possible. References: Education Code Sections 68050, 68051, 68052, 68130, 76141 Education Code Sections 68050, 68051, 68130, 68130.5, and 76141; Title 5 Section 54045.5 Adopted by Board of Trustees: 2/6/07 Former Administrative Regulation #501.02, “Non-Resident Students, Approved: 8/15/77 College Council 4/6/2015 Page 94 Revised 2/7/94, 12/7/99 College Council 4/6/2015 Page 95 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5020 NONRESIDENT TUITION Nonresident Tuition: Students who are not residents of California for one year prior to the first day of the semester will be charged Nonresident Tuition at the Board-approved rate per semester unit. Nonresident students must pay Nonresident Tuition in addition to the California Community College Enrollment Fees. Calculation of such tuition shall be done in compliance with applicable law and regulation to reflect the current expense of education and that of the preceding fiscal year, and it shall reflect fees in contiguous districts. Students who believe they should be reclassified as resident students have the responsibility to request a change of their classification in the Admissions, Records Office prior to enrollment. Nonresident Capital Outlay Fee: Nonresident students who are both citizens and residents of a foreign country can be charged a Nonresident Capital Outlay Fee, in addition to the Nonresident Tuition and the California Community College Enrollment Fee. Nonresident Tuition Fee for Out-of-State and Foreign Students Not later than February 1 of each year, the President/Superintendent shall bring to the Board of Trustees for approval an action to establish nonresident tuition for the following fiscal year. The amount shall be derived by using the formula contained in Education Code Sections 76140 (d) and (e). The same per-unit rate shall be charged to all nonresident students attending any summer sessions. Interstate Exchange Agreement The district maintains, as allowed by Education Code 66800, several interstate exchange agreements. Nonresident students admitted under these agreements shall pay the tuition fee and enrollment fee appropriate to each agreement. Tuition Fee Rate Schedule Upon the yearly adoption of the tuition fee, the administration shall develop and publish the out of-state tuition rates to be paid by nonresident and foreign students (regular tuition fee) and special rates for any interstate exchange agreements maintained by the district. See Administrative Procedure #AP 5030, “Fees.” Tuition Fee Refunds Refunds will be made in accordance with Administrative Procedure #AP 5030, “Fees.” Fee Exemptions Military Resident Exemption. Nonresident U.S. military personnel on active duty in California (except those assigned for education purposes to state-supported institutions of higher education) are granted a waiver of Nonresident Tuition until they are discharged from their military service. Their dependents are granted a waiver for a period of one year from the date they enter California. Upon expiration of the waiver, evidence must be provided as to the date the student surrendered his/her out-of-state residence to become a resident of California. The student will be classified as a nonresident and charged Nonresident Tuition until one year has elapsed since the out-of-state residence was surrendered. College Council 4/6/2015 Page 96 High School Graduate Exemptions: Students, other than non-immigrant aliens under 8 U.S. Code Section 1101(a)(15), who meet the following requirements: high school attendance in California for three or more years; graduation from a California high school or attainment of the equivalent thereof; registration or enrollment in a course offered for any term commencing on or after January 1, 2002; completion of a questionnaire form prescribed by the State Chancellor’s Office verifying eligibility for this nonresident tuition exemption; and in the case of a student without lawful immigration status, the filing of an affidavit that the student has filed an application to legalize his/her immigration status, or will file an application as soon as he/she is eligible to do so. Any students who meet the following requirements: demonstrates financial need; has a parent who has been deported or was permitted to depart voluntarily; moved abroad as a result of that deportation or voluntary departure; lived in California immediately before moving abroad; attended a public or private secondary school in the state for three or more years; and Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, will be living in California, and will file an affidavit with the District stating that he or she intends to establish residency in California as soon as possible. Foreign Students. The Board of Trustees may approve an exemption from all or part of the nonresident fee for any nonresident who is both a citizen and resident of a foreign country, or who are legally precluded from establishing residency in California, provided that the nonresident student has a 2.50 cummulative GPA, enrolled as a full-time student, and has demonstrated a financial need for the exemption, and not more than ten percent of the nonresident foreign students attending the district may be so exempted. Students who qualify can file a waiver request with the Admissions Office every semester/session. If approved, the waiver will be valid for one academic year only. The Chief Student Services Officer shall determine annually the potential number of available foreign students who can be considered. The methods of determining financial need shall be done in accordance with standards utilized for federal campus-based financial aid programs. The Board of Trustees authorizes the President/Superintendent to contract with a state, a county contiguous to the district boundaries, the Federal Government, a foreign country, or an agency thereof, for payment of all or part of the nonresident student tuition fee. The Chief Student Services Officer shall coordinate all such requests for the district. The criteria to be used in the determination of requests under this subsection shall include (at minimum): ・ the educational benefits to the individual and the district ・ the reason(s) for the request, to include: o the amount of the fee that can be paid College Council 4/6/2015 Page 97 o demonstrated economic hardship that encompasses the financial circumstances of a person who may qualify for a BOG waiver o other extenuating circumstances o two letters of recommendation (cannot be from a family member) The Chief Student Services Officer will submit requests for nonresident tuition fee exemptions to the Board of Trustees for approval. September 11, 2001 Exemption: If an individual who was killed in the terrorist attacks on the World Trade Center in New York City, the Pentagon in Washington, D.C., or the crash of United Airlines Flight 93 was a resident of California on September 11, 2001, or if his or her dependent was a resident on that date and if he or she meets the financial need requirement for the Cal Grant A Program, the dependent(s) of this individual may be exempt from nonresident tuition. If the dependent is a spouse, the exemption applies until January, 1, 2013. If the dependent is a child, the exemption applies until the person reaches the age of 30. References: Education Code Section 76140 et seq. Education Code Sections 68130.5 and 76140 et seq.; Title 5 Section 54045.5 Approved: 02/06/2007 Revised: 01/03/2012 Former Administrative Regulation #501.01, “Non-Resident Tuition Fee Exemptions,” Approved: 1/11/93 Former Administrative Regulation #501.02, “Non-Resident Students, Approved: 8/15/77 Revised 2/7/94, 12/7/99 College Council 4/6/2015 Page 98 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5500 STUDENT CONDUCT CODE AND DISCIPLINARY PROCEDURES TABLE OF CONTENTS Article I. Purpose of the Code…………………………………..….……..2 Article II. Student Conduct Policies…………………………........………2 Article III. Chief Student Services Officer Vice President for Student Services and Learning Support…...2 Article IV. Student Rights…………………………………………………3 Article V. Proscribed Conduct of the College…..…………………………3 Article VI. Student Code of Conduct Procedures……………….…………3 Article VII. Student Code of Conduct Process…………………………….4-10 Article VIII. Code of Conduct Violations and Sanctions…………...……..10 Article IXVIII. Immediate Suspension of Denial of Access………………….. 17 Article IX. Fees, Denial of Aid, and Readmission………………………….19 Article XI. Definitions……………………………………………………..20 Article XII. Interpretation and Revision…………………………………...21 College Council 4/6/2015 Page 99 Article I. Article I. Purpose of the Code The purpose of this code is to recognize student’s rights within the institution to freedom of speech, inquiry and assembly; to the peaceful pursuit of education; and to the reasonable use of services and facilities of the College. Consistent with the College of the Redwoods’ mission is an expectation that students will govern themselves in terms of in a manner that demonstrates appropriate behavior with emphasis on self-respect and respect for others. . It is the practice of all employees and representatives of the College to respect the properly exercised rights of its students. . The College recognizes a student’s rights within the institution to freedom of speech, inquiry and assembly; to the peaceful pursuit of education; and to the reasonable use of services and facilities of the College. The College has adopted a Student Conduct Code and Disciplinary Procedure in order to maintain a learning environment of respect, civility, safety, and integrity for all members of the College community. . In addition to the code, students must also recognize and comply with the standards of classroom behavior as stated in their individual course syllabi. . Acts of academic dishonesty, disruptive student behavior in the classroom, and appeals to sanctions imposed in each case, are under the jurisdiction of the faculty member and the academic department administrator. . Further, students must understand that threats of violence are considered a serious infringement upon the learning environment and will be acted upon accordingly. Article II. Student Conduct Policies Article II. Procedural fairness and due process is are basic to the proper enforcement of all College regulations. . Accordingly, no disciplinary action shall be initiated or sanction imposed against students or student organizations until they have been notified in writing of the charges against them and their rights under this Code, and given the opportunity to be heard , with the exception that a hold status (may, shall, or will) be placed on student records until the specific complaints have been resolved, and except in cases where interim suspension is warranted for the health and safety of the community. All College regulations and policies pertaining to student discipline shall be published, distributed, or posted in such a manner as to furnish adequate notice of their contents to students or student organizations. . Each student is responsible for knowledge and compliance with the Student Conduct Code and Disciplinary Procedure. Article III. Article III . Vice President for Student Services and Learning Support Chief Student Services Officer In general, the District President/Superintendent delegates authority for implementation of this regulation administrative procedure to the Vice President for Student Services and Learning Support Chief Student Services Officer (CSSO), or in the case of the Education Centers, the Campus administrator. . The Vice President for Student Services and Learning Support CSSO may designate other College officials to conduct investigations and student disciplinary hearings, if appropriate. The Vice President for Student Services and Learning Support CSSO shall be responsible for maintaining complete records pertaining to the all activities relating to the implementation of the Student Conduct Code program. . Those records shall include a summary of the business of College Council 4/6/2015 Page 100 the Conduct Review Committee and report of the disposition of each disciplinary case handled by any person or group authorized to impose disciplinary sanctions or other recommendations in the name of the College. The Vice President for Student Services and Learning Support CSSO will provide periodic written reports annually to the Boardthe Board of Trustees of the disposition of student conduct cases reviewed during that academic year. The Student Conduct activities will be included reviewed and analyzed as a program of the College throughin the annual program review process. Article IV. Article IV . Student Rights Any student facing possible disciplinary action is entitled to the following procedural rights: The right to be notified in writing of the charges against him/her; 1. The right to know the nature of the evidence against him/her (unless release of the 2. evidence would endanger the health or safety of victim(s) or witness(es); The right to present information and witnesses relevant to his/her defense; 3. 4. The right to freedom from compulsory self-incrimination; and The right to appear with an advisor. 5. Article V. Article V. Proscribed Conduct of the College Sanctions may be imposed for prohibited conduct, which occurs on College premises, at offcampus instructional sites (e.g., experiential coursework, internships, lab, or clinical[RM1] sites), at College-sponsored extra-curricular activities or events when a student serves as a representative of the College, or in the course of using College technology or property. . Sanctions may also be imposed for conduct that materially and substantially interferes with the College’s operation or education programs or the safety and welfare of the College community. Examples of prohibited conduct are described in Article VII. Code of Conduct Violations and Sanctions. Jurisdiction is maintained between periods of enrollment unless the accused individual’s official record in the Records Office shows a complete withdrawal prior to the expiration of the published deadline for registration for the succeeding period of enrollment. . For students enrolled in the spring term, jurisdiction is maintained until the expiration of the published deadline for registration for the succeeding fall term. Unless state or federal law requires disclosure or unless the student and the College determine otherwise, proceedings under this regulation shall be confidential. . Records created and maintained by a law enforcement unit of an educational institution (e.g., campus security), which were created by that law enforcement unit for purposes of law enforcement, are not considered “student records” under the Family Educational Rights and Privacy Act (FERPA) and may be released to third parties as necessary without violating FERPA. Article VI. Article VI. Student Code of Conduct Procedures (A) A. Complaint, Notice, and Response Any member of the College community may file a complaint against any student for alleged prohibited misconduct. . Complaints must be presented in writing to the Vice President for College Council 4/6/2015 Page 101 Student Services and Learning Support CSSO or his/her designee and should be submitted as soon as possible after the event takes place, preferably within fifteen business days. 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. Within five business days of receiving a complaint, the Vice President for Student Services and Learning Support CSSO or his/her designee will notify the accused student in writing of the complaint and afford the student an opportunity to meet with the Vice President for Student Services and Learning Support CSSO or designee to respond to the complaint and/or evidence provided in relation to the complaint. A student against whom a complaint has been filed and/or disciplinary charges are pending will have a “hold[RM2]” status placed on his/her records and will not be permitted to withdraw from the College with a clear education record (e.g., a record without notation of disciplinary charges and sanctions) until such charges have been resolved. Article VII. Student Code of Conduct Process B. Letter of Admonition The CSSO or designee may provide notice to a student that her or his alleged behavior may have violated College policy or campus regulations and that, if repeated, such behavior may be subject to the disciplinary process. BC. Investigation and Notice to Student Allegations or complaints of student misconduct that are brought to the attention of the CSSO shall first be analyzed to determine whether the alleged conduct, if true, would constitute a violation of District policies. Upon a determination that alleged misconduct, if true, would constitute a violation of District policies, the CSSO, or his/her designee, shall promptly and thoroughly investigate the matter. Upon receiving a report regarding alleged violation(s), the CSSO or designee will consider review informationthe information acquired provided by from the reporting party and will conduct further investigation to augment that information. If the CSSO or designee determines that there is sufficient information to proceed with the student conduct process, If the CSSO or designee determines that there is not sufficient information to proceed with the student conduct hearing process, the CSSO or designee will provide written notice of that determination to the reporting party. An investigative process should, to the extent possible, be concluded within twenty (20) days of the initiation of the investigation. An investigative report shall be prepared that 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. College Council 4/6/2015 Page 102 4. A finding of whether there is probable cause to believe that sexual misconduct occurred. 5. Any other information considered appropriate by the District. (Title 5, section 59334.) If the CSSO or designee determines that there is sufficient information to proceed with the student conduct hearing process, the CSSO or designee will provide written notice to the student that he or she has allegedly engaged in prohibited behavior under College policy or campus regulations and that, if repeated, such behavior may be subject to the disciplinary process. 1. a This written “Notice to the Student” will address the following: a) A description and outline of the student conduct procedures, including timelines; b) A clear statement to the student that he/she has five days from the date of the “Notice to Student” to contact the Office of the CSSO or designee for the purpose of scheduling an initial meeting, and that the meeting shall be scheduled within seven days of the date the student contacted the Office; c) T1 the nature of the conduct in question and the basis for the allegation, including a brief statement of the factual basis of the charges, including the date or period of time and the location of the alleged incident, as well as the College policies and/or campus regulations allegedly violated; d) A clear statement to the student that if he/she does not contact the CSSO or designee within the five-day period, or fails to keep any scheduled appointment, a hold[RM3] status may be placed on the student’s records and the student will be notified that this action has been taken. The placement of hold status on the student’s records may, for example, prevent the student from registering and from obtaining transcripts, verifications, or a degree from the College. The Hold status will be removed only after the student either attends a scheduled meeting, or requests in writing that the case be referred to the Student Conduct Committee for a hearing; and the Hold status will not be lifted, and no degree may be conferred on a student, until any pending disciplinary charges against a student are fully resolved. e) The CSSO or designee may direct the student to act or refrain from acting in a manner specified. These may include directing the student not to intentionally contact, telephone, or otherwise disturb the peace of others specifically named for a specified period of time. These directions will not terminate the student’s status as a student, and will not be construed as a finding of responsibility on the part of any student. Violation of these directions is separate misconduct under Article VII, Section A, item 21 (Failure to Comply). 2 the nature of the student conduct procedures 3 that the student has five days from the date notice was written to contact the Office of the CSSO or designee for the purpose of scheduling an initial meeting. Meetings are to be scheduled within seven days of the student contacting the Office; College Council 4/6/2015 Page 103 4 that if the student does not contact the CSSO or designee of within the five-day period, or fails to keep any scheduled appointment, a Hold[RM4] may be placed on the student’s records and the student will be notified that this action has been taken. The placement of a Hold on the student's records may, for example, prevent the student from registering and from obtaining transcripts, verifications, or a degree from the College. The Hold will be removed only when the student either attends a scheduled meeting, or requests in writing that the case be referred to the Student Conduct Committee for a hearing; and 5 that no degree may be conferred on a student until any pending disciplinary charges against a student are fully resolved. The CSSO may place a Hold on that student’s records to prevent him or her from receiving a degree. In addition, the CSSO or designee may direct the student to act or refrain from acting in a manner specified . These directions may include directing the student not to intentionally contact, telephone, or otherwise disturb the peace of others specifically named for a specified period of time. These directions will not terminate the student’s status as a student, and will not be construed as a finding of responsibility on the part of any student. Violation of these directions is separate misconduct under section 102.16 (Failure to Comply). At the initial meeting with the student, the CSSO or designee will: 2. a) E Ensurensure that the student has been provided information on how to access the Student Conduct Code; b) DiscussConfirm with the student the confidentiality of all meetings and proceedings. I; inform the student that the content of this and all subsequent communication with the Office of the CSSO or designee regarding information not relevant to the case will, insofar as allowed by law, be treated confidentially, unless such confidentiality is waived by the student; and that information relevant to the case may be divulged to those who have a legitimate educational interest, including but not limited to the Student Conduct Committee; c) D describe to the student as completely as possible the nature of the conduct in question, and the College policy(ies) and/or campus regulation(s) allegedly violated, hear the student's response to such allegations, and counsel the student as appropriate; and d) Provide the student with an opportunity to inspect all documents relevant to the case which are in the possession of the Office of the CSSO or designee. ((Note: all documents will be redacted to comply with state and federal laws and regulations and College policies.)) College Council 4/6/2015 Page 104 3. A . ny documents relevant to the case arriving in the Office of the CSSO or designee after the case has been referred to the Student Conduct Committee will be forwarded to the Hearing Coordinator. (Note: all documents will be redacted to comply with state and federal laws and regulations and College policies.) Although meeting with the CSSO or designee provides the student with an opportunity to resolve the case without a hearing before the Student Conduct Committee, the student may opt to forgo a meeting with the CSSO or designee by requesting, in writing, that the case be forwarded to the Student Conduct Committee for a hearing. , If a Student absents herself or himself from the disciplinary process, or has withdrawn from the College while subject to pending disciplinary action, the case may be referred to the Student Conduct Committee, where it may proceed to disposition without the Student’s participation. CE. Preliminary Investigation The CSSO or his/her designee will conduct a preliminary investigation to determine if the complaint has merit and/or if the complaint can be disposed of administratively or by mutual consent of the parties involved. The CSSO, his/her designee or campus administrator shall conduct an investigation, inform the student of options and rights, and take any of the following actions: a) Make findings of fact on the nature of the complaint; b) Dismiss the case; c) Create an Agreement of Resolution (behavior contract) in conjunction with the student and faculty; d) Refer the student for counseling; or e) With or without the student’s agreement, refer the case to a formal disciplinary hearing and give the student proper notice. If the complaint can be disposed of at the preliminary investigation stage, such disposition will be final, and there will be no subsequent proceedings. If it is determined that the complaint has merit, and if the complaint cannot be disposed of after the accused student meets with the CSSO or designee then the CSSO or designee will, within five business days after meeting with the student, notify the student in writing that the charged misconduct will be referred for an informal student disciplinary hearing, or formal hearing by the Conduct Review Committee. D. Disposition. of the Case by the CSSO After conducting any further necessary the investigation, the CSSO or designee may take one of several actions listed below. Regardless of the action taken, theThe CSSO or designee will confirm her or his disposition of the casethat action in a notice to the student within seven days of the action. Additionally, the results of any disciplinary action or Agreement of Resolution by the College regarding an allegation of theft, stalking, sexual harassment or sexual assault, sexual misconduct or violent physical assault, will be disclosed to the alleged victim by the Office of the CSSO or designee. The scope of information to be provided under this provision will be: a) 1) the University’s final determination with respect to the alleged theft, stalking, sexual harassment, sexual assault or sexual misconduct or other violent physical assault; and College Council 4/6/2015 Page 105 b2) any sanction that is imposed against the alleged offender with respect to the alleged theft, stalking, sexual assault or sexual misconduct or other violent physical assault. 1. Imposing Sanctions If the student does admit responsibility, and if the CSSO or designee concludes that there is sufficient information to sustain a finding of responsibility, the Vice PresidentCSSO or designee may impose or defer one or more of the sanctions listed under Article VII. Code of Conduct Violations and Sanctions. No sanction involving separation from the College (i.e., Suspension or Expulsion) will be imposed by the CSSO or designee. . Such sanctions are to be brought torecommended to the President by the Student Conduct Review Committee. 2. Referral to the Student Conduct Committee The Vice PresidentCSSO or designee will refer the case to the Student Conduct Committee for a hearing when: a) a. The student does not admit responsibility; b) b. The CSSO or designee concludes that an Agreement of Resolution (see below) is not appropriate; and c. The CSSO or designee concludes there is sufficient information so such that a Student Conduct Committee wcould find be more likely than notto find that the student has not violated the Student Conduct Code. c) d) At any time before the Student Conduct Hearing occurs, if the CSSO or dDesignee receives new information that establishes a clear lack of truth of prior information submitted to the CSSO or designee such that it determines that the prior evidence must be disregarded and if in disregarding that prior information the CSSO or designee concludes that there is insufficient information to sustain a finding of responsibility, then the CSSO or designee will withdraw the case from Committee. This disposition is binding and terminates all Student Conduct Committee proceedings. At any time until the Student Conduct Committee or Hearing Officer makes its report to the CSSO, the student may make an admission of responsibility to the CSSO or designee. The CSSO or designee may then withdraw the case from Committee and impose or defer one or more of the sanctions listed in the Code, with the exception of sanctions involving separation from the college (i.e., Suspension or Expulsion). This disposition is binding and terminates all Student Conduct Committee proceedings. e) At any time before the Student Conduct Hearing occurs, if the CSSO or Designee receives new information that establishes a clear lack of truth of prior information submitted to the CSSO or designee such that it determines that the prior evidence must be disregarded and if in disregarding that prior information the CSSO or designee concludes that there is insufficient information to sustain a finding of responsibility, then the CSSO or designee will withdraw the case from Committee. This disposition is binding and terminates all Student Conduct Committee proceedings. 3. Insufficient Evidence College Council 4/6/2015 Page 106 If the CSSO or designee concludes that there is insufficient information to find the student responsible, the case will not be referred to the Student Conduct Committee for a hearing. 4. Agreement of Resolution (aka Behavior Contract) When the CSSO or designee and the student agree that the above dispositions are not appropriate, an Agreement of Resolution may be used to conclude the matter. This Resolution, while not considered to be a finding of responsibility, is binding. If the student fails to abide by the terms of the Agreement of Resolution, that failure may be regarded as actionable misconduct and may subject the student to disciplinary action by the College. An Agreement of Resolution may include such terms as: a) • agreementAgreement by the student to refrain from specific behaviors, and/or to refrain from contacting others involved in the case; b) • agreementAgreement by the student to participate in specified educational programs and/or reconciliation processes such as mediation; and/or c) • agreementAgreement by the student to participate in specified community service activities. The Agreement of Resolution is not a formal disciplinary action but will be retained in the case file in the Office of the CSSO for seven years from the date of the Agreement. During that time, should the CSSO or designee have a reasonable basis to believe that the student has engaged in misconduct related in nature to the conduct which occasioned the Agreement, both cases may be the subject of College disciplinary action. (A) Preliminary Investigation The Vice President for Student Services and Learning Support or his/her designee will conduct a preliminary investigation to determine if the complaint has merit and/or if the complaint can be disposed of administratively or by mutual consent of the parties involved. The Vice President for Student Services and Learning Support CSSO, his/her designee or campus administrator shall conduct an investigation, inform the student of options and rights, and take any of the following actions: Make findings of fact on the nature of the complaint; Dismiss the case; Create a Agreement of Resolution (behavior contract) in conjunction with the student and faculty; Refer the student for counseling; or With or without the student’s agreement, refer the case to a formal disciplinary hearing and give the student proper notice. If the complaint can be disposed of at the preliminary investigation stage, such disposition will be final, and there will be no subsequent proceedings. If it is determined that the complaint has merit, and if the complaint cannot be disposed of after the accused student meets with the CSSO or designee then the CSSO or designee will, within five business days after meeting with the student, notify the student in writing that the charged misconduct will be referred for an informal student disciplinary hearing, or formal hearing by the Conduct Review Committee. (B) 1) E. 1. Formal Hearing Conduct Review Committee College Council 4/6/2015 Page 107 The accused student may request, or the Vice President for Student Services and Learning Support CSSO may require, that the charges be resolved at a formal hearing provided by Conduct Review Committee. . The Vice President for Student Services and Learning Support CSSO shall consider the preference of the accused student, the nature of the charges, and the availability of the committee members when assigning the case for a hearing. . The Conduct Review Committee will hear cases and make decisions on appropriate sanctions. . The Committee will be established at the beginning of each academic year and will be composed of: a) One member of the administration (and an alternate) appointed by the President/Superintendent. b) Two members (and an alternate) of the classified staff appointed by the President of the College from a list of staff members submitted by the classified bargaining unit. Vacancies of classified staff members shall be filled by action of the classified bargaining unit. c) Two members (and an alternate) of the faculty appointed by the President/Superintendent from a list of faculty members submitted by the Academic Senate. Each faculty member must be a full-time or part-time faculty member at the College. Vacancies of faculty members shall be filled by action of the Senate. d) Two members (and an alternate) of the student body appointed by the President/Superintendent from a list of students submitted by the President of the ASCR. Each student must be enrolled not less than half-time (6 units minimum) and have a cumulative GPA of at least 2.0. Vacancies of student members shall be filled by recommendation of the Associated Students. e) The President of the College will appoint the chair of the Conduct Review Committee. Conduct Review Committee members and alternates serve on the committee for the academic year. Alternate members may be reappointed to serve as full members for the next academic year. The CSSO or designee shall serve as non-voting Secretary and advisor to the Conduct Review Committee. No Conduct Review Committee member may sit on the Committee during a hearing if that member is a complainant, witness, has a direct or personal interest in the outcome of the hearing, or has previously acted in an advisory capacity to the accused student. The Chair of the Conduct Review Committee may establish a hearing format consistent with this Code. In cases involving more than one accused student, the Chair of the Conduct Review Committee and the CSSO or designee will determine if hearings or conferences concerning each student will be conducted jointly or separately. The decision of the Committee Chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by other members of the panel to the contrary. College Council 4/6/2015 Page 108 Notice of Hearing. Written notice of the hearing shall be provided simultaneously to the accuser and the complainant and shall include the following: 1. The specific alleged misconduct (accusation). 2. A summary of the investigation and/or a short written statement of the facts supporting an accusation of misconduct. 3. The right of the parties to attend the hearing or to respond in writing regarding the party’s position concerning the matter. 4. The nature of the discipline that is being considered. Notices described in this sent to the most recent official student address or email address on file with the District. The notice will inform the student of: a) The charges alleged to have been violated and sufficient details of the complaint for the basis of the allegation to be understood; b) The time, location and place of the hearing; c) A statement of the respondent student’s rights as stated in the Code; and d) The name of the person(s), group, or College office filing the charges. Nothing prohibits the District from amending the notice as deemed appropriate. The CSSO may request the production of relevant evidence that was not part of the investigative process for consideration in the hearing process. 2) 2. Formal Disciplinary Hearing Process Conduct of Hearing The CSSO shall determine how the hearing will be conducted, taking into the safety of parties and witnesses. The CSSO may call and question witnesses he/she believes have relevant information. Each party may recommend witnesses to be called. To avoid unnecessarily duplicative or irrelevant testimony, the CSSO may require a party to indicate the nature of the proposed testimony as a condition to calling witnesses. The CSSO cannot compel the attendance of witnesses recommended by the parties. The CSSO shall determine on a case-by-case basis how the questioning of parties and witnesses shall be conducted, given the nature of the allegations and the safety of parties and witnesses. If the CSSO does not permit direct questioning by the parties, he/she may consider permitting the parties to submit questions for the CSSO to ask parties and witnesses. Formal rules of evidence shall not apply. Any relevant, nonduplicative evidence may be admitted. Determination of violations shall be made based on the preponderance of evidence. Formal hearings will be conducted by the Conduct Review Committee according to the following guidelines: 1. Quorum for a hearing requires that five (5) of the seven Conduct Review Committee members are present for the hearing. . If the case is to be heard at the Mendocino or Del Norte site, a quorum will be three (3) members of the Committee. 2. Hearings shall be closed and confidential unless the student requests that it be open to the public. . Any such request must be made no less than five days prior to the date of the hearing. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the Chair of the committee agree to the contrary. College Council 4/6/2015 Page 109 3. The student will be notified by certified mail of a hearing at least seven business days in advance of the hearing. . The letter will inform the student of: e) The charges alleged to have been violated and sufficient details of the complaint for the basis of the allegation to be understood; f) The time, location and place of the hearing; g) A statement of the respondent student’s rights as stated in the Code; and h) The name of the person(s), group, or College office filing the charges. 4. In all cases, the evidence in support of the charges will be presented and considered whether or not either party is in attendance. 5. The accused student may be accompanied by an advisor if so desired conditional on 24hour notice to and approval of the CSSO or designee designee. . The advisor may attend the hearing with the student to counsel him/her and suggest questions. The accused student and advisor may be present during the entire time of the hearing, except during the deliberations of the Conduct Review Committee. . In no event may the advisor participate directly by speaking for either party or questioning witnesses. . Admission of any other person to the hearing will be at the discretion of the Chairperson. 6. The student may represent himself or herself, and may also have the right to be represented by a person of his or her choice. . Except that the The student shall not be represented by an attorney unless, in the judgment of the CSSO Conduct Review Committee Chair, complex legal issues are involved. . If the student wishes to be represented by an attorney, a request must be presented with the name and office address of the attorney not less than five days prior to the date of the hearing. . If the student is permitted to be represented by an attorney, the College representative may request legal assistance. . The Conduct Review Committee may also request legal assistance; any legal advisor provided to the committee may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it. 7. The facts regarding the case shall be presented by a College representative. 8. The accused student, the complaining parties, and the College representative may present evidence, including witnesses and written statements. . The Conduct Review Committee Chair will determine the format of the hearing, and the admissibility of witnesses or written statements, and may elect not to hear such testimony if deemed redundant or irrelevant. 9. The accused student is not required to answer questions of an incriminating nature. The Chair of the Conduct Review Committee retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties. 10. Pertinent and relevant information may be reviewed without regard to the legal rules of evidence. 11. The Chair of the Conduct Review Committee may opt to hear the testimony of witnesses separately. 12. Unless the Committee Chair decides otherwise, the College representative and the student shall each be permitted to make an opening statement. . Thereafter, the College representative shall make the first presentation, followed by the student. . The College representative may present rebuttal evidence after the student completes his or her evidence. . The burden shall be on the college representative to prove by substantial evidence that the facts alleged are true. 13. There will be a single verbatim record, such as a tape recording, of all hearings before the Conduct Review Committee. . No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by tape recording, the committee chair shall, at the College Council 4/6/2015 Page 110 beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. . Tape recordings shall remain in the custody of the College at all times, unless released to a professional transcribing service. Access is limited to reviewing the verbatim record only on College premises and in the presence of the CSSO or designee. . The verbatim record will be the property of the College. 14. All testimony shall be taken under oath; the oath shall be administered by the hearing panel chair. . Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. . A witness who refuses to be tape recorded is not considered unavailable. 15. The Conduct Review Committee may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where as determined in the sole judgment of the Vice President for Student Services and Learning Support CSSO to be appropriate and in the best interests of the College. 16. Determination of violations shall be made based on the preponderance of evidence. 17. Decisions by the Conduct Review Committee shall be by majority vote. 18. The Vice President for Student Services and Learning Support CSSO shall notify the accused student via certified mail, return receipt requested, of the Conduct Review Committee’s findings within the shortest reasonable time after the decision has been rendered (not to exceed ten business days of the hearing). . The decision shall include specific factual findings regarding the accusation, and shall include specific conclusions regarding whether any specific section of Student Conduct Code were violated. . The decision shall also include the disciplinary action to be imposed, if any. . The decision shall be based only on the record of the hearing, and not on matters outside of that record. . The record consists of the original accusation, the written response, if any, of the student, and the oral and written evidence produced at the hearing. Notice of Decision. Within fifteen (15) days following the hearing, the CSSO shall prepare and send a written decision simultaneously to the parties. The Notice of Decision shall include factual findings regarding the accusation and determinations as to whether any specific section(s) of the Standards of Student Conduct were violated. The Notice of Decision shall also include a specific decision regarding the disciplinary action to be imposed, if any, unless expulsion is recommended. The Notice of Decision shall be based only on the record of the hearing, and not on matters outside of that record. The record includes the investigative report, any written notices or student statements, and oral and written evidence produced for, or at, the hearing. If expulsion is recommended, the Notice of Decision shall verify that expulsions require Board of Trustee action. If the student is found not to be in violation of the Student Code of Conduct, and if 19. coursework has been missed as a direct result of action taken against the student, appropriate action will be taken in order to assist the student to complete the course, reimburse the cost of tuition, or reach other alternatives. 3) 3. Appeals of Formal Hearing Decisions Appeal requests are available to the parties only on the following bases: College Council 4/6/2015 Page 111 A. 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. B. 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. C. The proposed discipline is substantially unreasonable in light of the findings. The appeal request must indicate the claimed unreasonableness of the proposed discipline and indicate what discipline the student believes would be appropriate. Written appeals must be submitted in writing to the President/Superintendent within 5 days of the delivery of the CSSO’s Notice of Decision to the parties. If no appeal is received within 5 days, the decision of the CSSO, 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. A decision reached and/or sanction imposed by the Conduct Review Committee at the formal hearing may be appealed by the accused student in writing by certified mail within ten calendar days after receipt of the Committee’s decision to the President/Superintendent. The President/Superintendent will not hold a hearing. . Rather, resolution of the appeal shall be based upon the written findings and decision from the Conduct Review Committee, the record of the hearing, as well as any written documentation submitted by either party during the hearing. . The CSSO or designee will provide all relevant documentation to the President/Superintendent. The appeal must include the name of the individual making the appeal, the action that is being appealed, the date the action took place, and the grounds for appeal. . Appeals, including rationale, must be made on the basis of one or more of the following: 1.a) The sanction imposed is too severe for the offense and is unwarranted; 2.b) The student's due process rights were violated; or 3.c) New evidence has come to light which clearly alters the circumstances on which the action was taken. The President/Superintendent shall render a decision within ten business days after receipt of the appeal and shall inform the student immediately by certified mail or email.. The decision of the President/Superintendent may result in a sanction more severe than that imposed by the Conduct Review Committee. In all cases but expulsion, the President/Superintendent’s decision regarding the appeal will be final. ShouldIf the President/Superintendent upholds an expulsion decision that the student wishes to contest further, the student may appeal in writing to the Board of Trustees. In this instance, the following procedure will be followed: 1. The Board of Trustees shall consider any appeal at the next regularly scheduled meeting of the Board after receipt of the recommended decision. College Council 4/6/2015 Page 112 2. The Board of Trustees shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures. The student shall be notified in writing, by registered or certified mail or by personal 3. service, at least three days prior to the meeting, of the date, time, and place of the Board's meeting. 4. The student may, within forty-eight hours after receipt of the notice, request that the hearing be held as a public meeting. Even if a student has requested that the Board of Trustees consider an expulsion 5. recommendation in a public meeting, the Board of Trustees will hold any discussion that might be in conflict with the right to privacy of any student, other than the student requesting the public meeting, in closed session. 6. The Board of Trustees may accept, modify or reject the findings, decisions and recommendations of the President/Superintendent and/or the hearing panel. . If the Board of Trustees modifies or rejects the decision, the Board shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. . The decision of the Board of Trustees shall be final. 7. The final action of the Board of Trustees on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the College. Article VIII. Article VII. Code of Conduct Violations and Sanctions (A) A. Violations Students are expected to demonstrate qualities of morality, integrity, honesty, civility, honor, and respect. . Students are required to engage in responsible social conduct that reflects credit upon the CR Community and to model good citizenship in any community. Disciplinary action may be initiated by the College and sanctions imposed against any student or student organization found responsible of committing, attempting to commit, or intentionally assisting in the commission of any of the following prohibited forms of conduct. Also, :unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities. Academic dishonesty which includes cheating, plagiarism, and hampering or discrediting the academic work of others, and as shall be more fully defined in administrative procedures. Violation of copyright laws using District resources, including unauthorized peer-to-peer file sharing, or unauthorized downloading or distribution of copyrighted materials using the District’s information technology system. 1. Academic Dishonesty In the academic community, the high value placed on truth implies a corresponding intolerance of scholastic dishonesty. . In cases involving academic dishonesty, determination of the grade and of the student’s status in the course is left solely to the discretion of the faculty member. . In such cases, where the College representative determines that a student has demonstrated academic dishonesty, the representative is encouraged to report the incident of dishonesty to the i. College Council 4/6/2015 Page 113 CSSO or designee in order to discern potential patterns of egregious dishonesty. . Acts of academic dishonesty for which sanctions may be imposed includes, but areis not limited to, the following: 1.a) Cheating which includes, but is not limited to: a.i. The use of any unauthorized assistance in taking quizzes, tests, or examinations. b.ii. Having another individual take an exam. c.iii. Submitting the same paper in two different courses without specific permission of the current faculty member(s). d.iv. Falsifying a laboratory experiment or report of an experiment. e.v. Dependence upon the aid of sources beyond those authorized by the faculty member in writing papers, preparing reports, solving problems, or carrying out other assignments. f.vi. The surreptitious or unauthorized acquisition of testing materials or other academic material belonging to a member of the College community. . Students need not employ the materials; they need only to possess them in order to violate this code. g.vii. Electronic devices, which include, but are not limited to: abuse of cellular devices with photographic capability for the purposes of photographing test questions or other notes and materials. h.viii. Furnishing false information to any CR official, faculty member, or office. i.ix. Forgery, alteration, or misuse of any CR document, record, or instrument of identification. j.x. Knowingly helping another to commit an act of academic dishonesty. b) 2. Plagiarism which includes, but is not limited to: i. a. Using, by paraphrase or direct quotation, of the published or unpublished work of another person without full, clear, and accurate acknowledgement. ii. b. The unacknowledged use of another writer’s ideas without proper citation. . Borrowing all or part of another individual’s work or using someone else’s outline to write your own work. iii. c. Copying another individual’s computer printout and/or computer files and using it as one’s own. iv. d. Using an agency or Internet website engaged in the selling of term papers or other academic materials. c) 3. Hampering or discrediting the academic work of others by, but not limited to, the following: a.i. Misusing, damaging, hiding, or stealing library resources. b.ii. Altering or misusing computer programs or equipment. c.iii. Interfering with the rightful computer access of others. ii. iii. i.a) 1. 2.b) 3.c) 2. Disrupting or Obstructing the Work and Operation of the College Making false statements to any College official. Making false statements to any College official. Physical abuse or other conduct which threatens or endangers the health or safety of any person. Verbal threats, harassment, intimidation, and/or similar threatening conduct that disrupts the educational environment or members of the College community. College Council 4/6/2015 Page 114 d) An individual shall not engage in any activity involving hazing, intimidation, assault, or other activity related to group affiliation that is likely to cause or does cause bodily danger, physical harm, mental harm, or personal degradation or humiliation. Continued disruptive behavior¸ or obstructing the work and operation of the College, as shall be more fully defined in administrative procedures. Defamation: An individual shall not use defamatory words or phrases or distribute defamatory materials. Defamatory words or materials are those that: (1) are false and expose any person or the college to hatred, contempt, ridicule, disgust or an equivalent reaction; or (2) are false and have a tendency to impugn a person’s occupation, business, or office. 4. 3. Defamation: An individual shall not use defamatory words or phrases or distribute defamatory materials. Defamatory words or materials are those that: (1) are false and/or expose any person or the college to hatred, contempt, ridicule, disgust or an equivalent reaction; or (2) are false and have a tendency to impugn a person’s occupation, business, or office. 5. Initiation of or participation in a hate crime. Violation of the College’s computer use policy or any conduct that constitutes a computerrelated crime pursuant to Penal Code, section 502. Using electronic technology which includes, but is not limited to: internet, e-mail, telephone, fax machines, or instant messaging to intimidate another member of the College community. 6. 4. Using electronic technology which includes, but is not limited to: internet, email, telephone, fax machines, or instant messaging to intimidate another member of the College community. Theft (actual or attempted) or destruction of College property or property belonging to a member of the College community or other abuse of College computer facilities, programs, technology and equipment as shall be more fully described in administrative procedures. 7. 5. Theft (actual or attempted) or destruction of College property or property belonging to a member of the College community or other abuse of College computer facilities, programs, technology and equipment, including, but not limited to: a.a) Unauthorized entry into a file to use, read or change the contents, or for any other purpose. b.b) Unauthorized transfer of a file including the use of peer-to-peer-file-sharing. c.c) Unauthorized use of an individual's identification and password. d.d) Use of computing facilities to interfere with the work of a student, faculty member or College official. i.e) Use of computing facilities to interfere with operation of the College computing systems. ii.f) Unauthorized use or copying of copyrighted software. iii.g) The unauthorized installation or use of an unauthorized program. College Council 4/6/2015 Page 115 iv.h) v.i) Unauthorized use of computer time for personal or business purposes. Use of the College computer facilities, programs, equipment or technology to send obscene or abusive messages. vi.j) Unlawful or unauthorized use of the Internet; the unauthorized connection of technological and computing equipment to the College’s computers and/or network. vii.k) The unauthorized use of any form of a digital camera or imaging equipment. 8.l) Unauthorized use of cell phones, pagers and other communication devices in all instructional areas and the Library, including all labs and classrooms during instructional sessions. Coercion, which is defined as attempting to compel, control, or manipulate another through the threat of force, intimidation, exploitation of fear or anxiety, including explicit and implied physical and verbal threats against another person or bullying as defined in Board Policy 3431 and Administrative Procedure 3431. 9. 6. Coercion, which is defined as attempting to compel, control, or manipulate another through the threat of force, intimidation, exploitation of fear or anxiety, including explicit and implied physical and verbal threats against another person. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises. Intentionally obstructing or denying access to facilities or services to individuals entitled to use such services or facilities. Intentionally interfering with the lawful rights of other persons on campus. 10. 7. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other CR activities, including its public service functions on or off campus, or of other authorized non-CR activities when the conduct occurs on CR premises.. 11. Intentionally obstructing or denying access to facilities or services to individuals entitled to use such services or facilities. . 12. Intentionally interfering with the lawful rights of other persons on campus. Violation of the District’s nondiscrimination or sexual harassment policies, or engaging in harassing, or retaliatory behavior in violation of District policy or sexual assault or misconduct or physical abuse, including but not limited to rape, domestic violence, dating violence, sexual assault or stalking as defined in District procedures. 13. 8. Sexual harassment which includes any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when such conduct has the purpose or effect of substantially interfering with an individual’s work performance, or participation in extracurricular activities. 14. Sexual harassment and/or actions of a sexual nature as defined by law or by College policies, which creates an intimidating, hostile, or offensive working or educational environment. College Council 4/6/2015 Page 116 Violation of local, county, state, or federal law, whether it be on or off campus, only when a definite College interest is involved and where the student misconduct distinctly and adversely affects the College’s pursuit of its educational mission 15. 9. Violation of local, county, state, or federal law, whether it be on or off campus, only when a definite College interest is involved and where the student misconduct distinctly and adversely affects the College’s pursuit of its educational mission. . Violation of these laws may lead to prosecution by law enforcement agencies in addition to sanctions by the College. Wearing, transporting, storing, or possessing firearms or other weapons on College property (including College-owned vehicles and parking lots), at College-sponsored or College-related functions or events, and during times when acting as a representative of the College whether on or off College premises The administrative procedures shall define “weapons” prohibited by this policy to include firearms, knives, explosives, clubs and other items used as a threat to do bodily harm and facsimiles of such weapons. This does not apply to any certified law enforcement personnel engaged in official duties. Activities requiring use of the prohibited items may be conducted on approval of the activity by the President/Superintendent or his/her designee. 10. The College prohibits anyone from wearing, transporting, storing, or possession of firearms or other weapons on College property (including College-owned vehicles and parking lots), at College-sponsored or College-related functions or events, and during times when acting as a representative of the College whether on or off College premises. . Individuals who commit such acts may be removed from College premises and/or subject to disciplinary action, criminal penalties, or both. 16. Possession of “weapons”, which includes but is not limited to firearms (including any gun, rifle, shotgun, pistol, BB or pellet gun, any firearm or device from which a projectile may be fired by an explosive, any firearm or device operated by gas or compressed air), knives (including any bowie knife, spring blade knife, dagger, switchblade knife), explosives, chemical or biological weapons, slingshot, metal knuckles, blackjack, any object which by use, design, or definition may be used to inflict injury upon a person, and any object if used, attempted to be used, or threatened to be used to cause bodily harm. “Weapons” does not include mace or pepper spray type products designed and carried solely for the purpose of self-protection. a. This does not apply to any certified law enforcement personnel engaged in official duties. b. Activities requiring use of the prohibited items may be conducted on approval of the activity by the President or his/her designee. Intentional obstruction of the freedom of movement of pedestrian or vehicular traffic on College premises. 17. 11. Intentional obstruction of the freedom of movement of pedestrian or vehicular traffic on College premises. This does not apply to any certified law enforcement personnel in official duties or law enforcement students engaged in official course activities. College Council 4/6/2015 Page 117 18. 12. Participation in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community. 19. 13. Leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area. Detention or physical abuse, or assault or battery, extortion, or intimidation of any person or conduct which is intended to threaten imminent bodily harm or endanger the health or safety of any person on any property owned or controlled by the College or at any College sponsored or supervised functions. 20. 14. Detention or physical abuse of any person or conduct which is intended to threaten imminent bodily harm or endanger the health or safety of any person on any property owned or controlled by the College or at any College sponsored or supervised functions. 21. 15. Failure to comply with reasonable directions of College officials or public safety officers acting in performance of their duties on campus or affecting conduct on campus. Unauthorized possession, duplication or use of keys to any College premises or, supplies or equipment, including computing, networking, or information resources unauthorized entry to or use of College premises. 22. 16. Unauthorized possession, duplication or use of keys to any CR premises or unauthorized entry to or use of CR premises. 23. 17. Being an accessory to any person on the College campus who is or who is not a member of the College community who violates this code. 24. 18. Violation of College Board policies, published college policies, rules, procedures, or regulations. 25. 19. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on CR premises or at functions sponsored by, or participated in by, CR or members of the College community. Obstruction or disruption of the Student Code of Conduct disciplinary procedures, which shall be defined more fully in administrative procedures. 26. a.a) b.b) 20. Abuse of the Student Code of Conduct, including but not limited to: Failure to obey the notice from the Conduct Review Committee or CR official to appear for a meeting or hearing as part of the Conduct Review Committee. Falsification, distortion, or misrepresentation of information before the Conduct Review Committee. College Council 4/6/2015 Page 118 c.c) d.d) e.e) f.f) g.g) h.h) i.i) Disruption or interference with the orderly conduct of the Conduct Review Committee proceeding. Institution of a student conduct code proceeding in bad faith. Attempting to discourage an individual’s proper participation in, or use of the student conduct system. Attempting to influence the impartiality of a member of the Conduct Review Committee prior to, and/or during the course of, the Student Conduct Board proceeding. Harassment (verbal or physical) and/or intimidation of a member of the Conduct Review Committee prior to, during, and/or after a student conduct code proceeding. Failure to comply with the sanctions(s) imposed under the Student Code. Influencing or attempting to influence another person to commit an abuse of the student conduct code system. 21. Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Section 11053 et seq., an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5. or use, sale or distribution of any poison defined in Section 4240 of the Business and Professions Code. 27. 28. 22. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the College. 29. 23. Willful misconduct that results in injury or death to a student or to College personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the College or on campus. 30. 24. Dishonesty; forgery; alteration or misuse of College documents, records or identification; or knowingly furnishing false information to the College. 31. 25. Engaging in expression which is obscene, libelous or slanderous, or which so incites students as to create a clear and present danger of the commission of unlawful acts on College premises, or the violation of lawful College regulations, or the substantial disruption of the orderly operation of the College. 32. 26. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. 33. 27. Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure. College Council 4/6/2015 Page 119 34. 28. Knowing possession or use of explosives, dangerous chemicals, or deadly weapons without prior authorization of the President/Superintendent. 29. Disengaging smoke or fire detection equipment. The use by a student of any electronic listening or recording device in any classroom without the prior consent of the instructor, except as necessary to provide reasonable auxiliary aids and academic adjustments to a student with a disability. Disengaging smoke or fire detection equipment including tampering with fire or safety equipment, including pull stations, fire extinguishers, fire hoses, smoke detectors, alarm horns and bells or any other fire or safety items, or failure to vacate facilities during fire drills or fire or other emergencies when directed to do so by District or public safety representatives. Initiation of or participation in hate violence. Solicitation or acceptance of money or other thing of value as an inducement, encouragement, or reward for intercollegiate participation in violation of Education Code, section 67361 or false declarations regarding eligibility for participation in intercollegiate athletics under Education Code, section 67362; The offering of any inducement or thing of value to influence the award of any grade or to alter any official College record. 35. 36. Students are required to engage in responsible social conduct that reflects credit upon the CR Community and to model good citizenship in any community. B. Sanctions (B) Any time a sanction is specifically provided for herein, the employee or officer authorized to impose such sanctions may impose a lesser sanction. For the purposes of this rule, expulsion is the most severe sanction, followed by suspension, probation, and written and oral warning. . A student may be given an interim suspension and, subsequently, may be subjected to further disciplinary action by the College, up to and including expulsion, if such further sanction is found to be appropriate in light of the conduct of the student. In all such cases, the fact of the earlier sanction shall be taken into consideration in determining the extent of any further sanctions.. Disciplinary actions will be enforced by the College. Consequently, each campus, education center, or instructional site within the District will honor sanctions imposed by the College. 1. 1. 2. Individual Sanctions. a) Warning - a written or oral notice to the student that continuation or repetition of certain conduct may be cause for disciplinary action under this regulation. b) Probation - a reprimand for violation of specified regulations. . Probation is for a designated period of time and includes the probability of more severe disciplinary College Council 4/6/2015 Page 120 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. sanctions if the student is found to be violating any institutional regulation(s). If a student violates any condition of probation or again is charged with a violation of the standards of student conduct during the probationary period, such action shall be grounds for revocation of the student's probationary status and for further disciplinary action to be taken in accordance with this regulation. c) Loss of Privilege - a denial of specified privileges for a designated period of time. This may include, but is not limited to, access to facilities, services or offices or participation in clubs, organizations, or College-sponsored events. d) Restitution - a requirement of any student who has caused non-accidental damage to College property to pay the College the cost of replacing or repairing the property in question. The College may withhold, after appropriate written notice to the student, grades, transcripts, certificates, diplomas, registration privileges, or any combination thereof from any student who fails to repay or refuses to repay any valid debt owed to the College (Education Code Section 72237). e) Community Service - the performance of community service as a sanction for misconduct. Determination of the type of work to be performed, the number of hours of service, and the responsibility for supervising the service will be made in consultation with the Vice President for Student Services and Learning SupportCSSO. f) Withdrawal from class - an administrative withdrawal with consequent loss of tuition and fees from a class, classes, or program. g) Limited Access - an administrative restriction to selected parts/locations of campus buildings. h) Other penalties - the student may be denied a transcript or degree until all of the obligations specified by a disciplinary body are met or other penalties as may be imposed as ones determined to fit the misconduct. i) College suspension - the separation of the student with consequent loss of tuition and fees from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. j) College expulsion - the permanent separation with consequent loss of tuition and fees of the student from the College. k) Discretionary Sanctions - a work assignment, service to the College or neighboring communities, or other related discretionary assignments (such assignments must have the prior approval of the disciplinary advisor). l) Counseling or Education Seminars - the requirement to participate in counseling seminars or educational workshops in lieu of, or in addition to, the imposition of sanctions. m) Revocation of Admission or Degree - the admission to the College may be revoked based on fraud, misrepresentation or other forms of misconduct related to the admissions process. . The granting of a degree by the College may be revoked based on fraud, misrepresentation or other forms of misconduct related to obtaining the degree. n) Deactivation - the loss of privileges, including College recognition, for a specified period of time for any student club, group, or organization. o) Mental Health Clearance: A mental health clearance is a restriction that requires a student to obtain the opinion of a mental health professional indicating whether the student (a) presents a danger to himself/herself or others or (b) is likely to repeat the same or similar misconduct. . A student shall not be required to provide a mental health College Council 4/6/2015 Page 121 clearance unless such requirement is imposed by the College’s Student Conduct Review committee or Behavior Intervention Team. (C) C. Procedures Related To Disruptive Classroom Behavior 1. Instructors Course instructors at College of the Redwoods Community College District have the professional responsibility and authority to maintain order in instructional settings, which include but are not limited to classrooms, libraries, group meetings, tutorials, lab sessions, office hours, and off-campus venues. To assure the best presentation of the course material, a course instructor shall determine the manner and times during which students may ask questions, request clarification or express opinions or points of view in the instructional setting. 2. Students Student behavior or speech that disrupts the instructional setting or is clearly disrespectful of the instructor or fellow students will not be tolerated. Disruptive conduct may include, but is not limited to: rude or disrespectful behavior unwarranted interruptions failure to adhere to instructor's directions vulgar or obscene language, slurs or other forms of intimidation physically or verbally abusive behavior. 3. Records Instructors are advised to keep careful written records regarding any incident of disruptive behavior, including dates, times, names of those present, and details of the incident. Instructors should inform their department chair or supervising faculty and the Vice President of Student ServicesCSSO Office of any such incidents and provide written documentation, if requested. The parties involved, in conjunction with the department chair or supervising faculty and appropriate administrator, should strive for acceptable solutions or mediate appropriate intervention strategies. 4. Removal from Class (D)Removal from Class Any faculty member may, for good cause, order a student removed from his or her class for the day of the removal and the next class meeting. . (Education Code Section 76032) The faculty member shall immediately report the removal to the appropriate immediate administrator Division Representative and the CSSO or designee. . The CSSO or designee shall arrange for a conference between the student and the faculty member regarding the removal. . If the faculty member or the student requests, the CSSO or designee shalldesignee shall attend the conference. The student shall not be returned to the class during the period of the removal without the concurrence of the faculty member. . Nothing herein will prevent the CSSO or designee from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal. 5. Appeals The student may only appeal the decision of a faculty member to the appropriate Academic administrator on the following grounds: 1.a) The sanction imposed is too severe for the offense and is unwarranted; College Council 4/6/2015 Page 122 2.b) The student's due process rights were violated; or 3.c) New evidence has come to light which clearly alters the circumstances on which the action was taken. When the faculty member or academic administrator determines that College disciplinary action beyond that taken by the faculty member is appropriate, the matter shall be referred to the Vice President for Student Services and Learning Support CSSO who will review the case. (E)6. Students Who May Present a Danger to Themselves or Others The College seeks to promote a safe environment where students and employees may participate in the educational process without compromising their health, safety or welfare. . The Code of Conduct prohibits a student from engaging in violent conduct and threatening behaviors toward any member of the College community, including a student’s threat to harm himself/herselfhim or her self. . In cases of this type, the special procedures set out in this section below may be used to attempt to determine if the student (1) presents a danger to himself/herself or others, and/or (2) is likely to repeat the misconduct. . All threats or threats to do violence must be taken seriously and responded to immediately. 7. Responding to Student Conduct Involving Threats or Violence Any College employee, student, or visitor who observes or otherwise becomes aware of violent or threatening student conduct, including a student’s threat to injure himself/herself, or any other student conduct that indicates that the student may present a danger to himself/herself or others, should do the following: In the case of an emergency, immediately contact the College’s Security office by calling the emergency number 476-4111. . In severe cases, call 911. In these cases, Security will write an incident report to be filed in situations where an incident report is deemed warranted. In cases that do not involve an immediate emergency, promptly either (a) file an incident report with Security or (b) inform either the Dean of the campus or site administrator , or the Vice President of Student DevelopmentCSSO or his/her designee campus of the situation. . Once the information is provided to the CSSO or designee, the CSSO or designee shall promptly inform the appropriate administrator and the Behavior Intervention Team of the situation. If a student misconduct incident report has not been prepared by the person reporting the matter, the campus dean or administrator shall prepare an incident report if he/she determines that preparation of an incident report is warranted. In the event of any threat on a person's life, whether spoken or written, the following procedure will be undertaken even if the person hearing/seeing the threat does not believe it is viable: The police will be immediately called. The person(s) threatened will be immediately informed. College Council 4/6/2015 Page 123 The person(s) doing the threatening will be referred to a psychologist/psychiatrist/counselor for evaluation as to the viability of the threat and a recommendation made to the District. A letter of immediate suspension will be issued and conditions placed upon the person(s) return. Parents will be notified of the person(s) behavior (if FERPA conditions are met) and violation of the college's code of conduct. The College will continue to follow-up with faculty, staff, law enforcement, parents, etc. and communicate essential information to one another. Article IX. Article VIII. Immediate Suspension and Denial of Access (A) A. Immediate Suspension The President/Superintendent may impose an immediate suspension on a student only where such action is required in order to protect lives or property and to ensure the maintenance of order on the campus or at a campus function. To the extent the circumstances reasonably permit, the District's legal advisor will be consulted on the issue of whether an immediate suspension is appropriate. Notice of such suspension shall be given to the student either orally or in writing. Such notice shall advise the student of the right to a hearing. Within 48 hours of ordering an immediate suspension, the President/Superintendent or designee shall forward written notice to the student of the basis for the action. Such notice shall be addressed to the student's last known address or email address and shall advise the student of a right to a hearing and the time and location of such hearing. Unless the student agrees otherwise, such hearing shall be held no later than ten (10) thirty (30) days following suspension. (B) B. Withdrawal of Consent to Remain on Campus The Vice President for Student Services and Learning SupportCSSO or his/her designee may notify a student that the consent to remain on campus or other facility under the control of the College has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility. To the extent the circumstances reasonably permit, the College’s legal advisor will be consulted on the issue of whether consent to remain on campus should be withdrawn. Whenever consent is withdrawn by any authorized officer or employee other than the President/Superintendent, such officer or employee shall, as soon as is reasonably possible, College Council 4/6/2015 Page 124 submit a written report to the President/Superintendent. Such report shall contain all of the following: 1.a) Description of the person from whomwho consent was withdrawn, including, if available, the person's name, address, and telephone number. 2.b) A statement of the facts giving rise to the withdrawal. If the President/Superintendent or designee, upon reviewing the report, finds that there was reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility, he or she may enter written confirmation upon the report of the action taken by the officer or employee. If the President/Superintendent or designee does not confirm the action of the officer or employee within 24 hours after the time the consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect. The notice given to the student may be given orally or in writing and shall advise the student of the right to a hearing as set out herein. In no case shall summary withdrawal of consent under this Article be withdrawn for longer than 14 days from the date upon which the consent was initially withdrawn. Consent to return to the campus within the maximum 14-day period shall be reinstated by the President/Superintendent whenever he or she has reason to believe that the presence of the student from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility. (C) C. Denial of Access After a hearing, any suspension or expulsion based on conduct that disrupted the orderly operation of a campus or other facility and that also violates a provision of a California statute may include denial of access to the campus or facility as a condition of such suspension or expulsion for the period of the suspension or in the case of expulsion for a period not to exceed one year (Penal Code, Section 626.2). . A student who willfully and knowingly enters the campus or facility during the period for which access has been denied is guilty of a misdemeanor pursuant to Penal Code, Section 626.2. . In the case of a suspension, such entry may be grounds for further disciplinary action. (D) D. Disciplinary Action by a Faculty Member Any College faculty member, for good cause, may remove any student from his or her class for the day of the suspension, or the day of the suspension and the next class day. Except where circumstances require immediate action, a faculty member, before ordering the suspension of any student from his or her class, shall first give or make reasonable efforts to give the student an oral notice of the reasons for the proposed suspension. College Council 4/6/2015 Page 125 Upon delivery to the student of the notice, the faculty member shall give or make reasonable efforts to give the student an opportunity to present any oral rebuttal to the accusation or otherwise to offer relevant comment on the proposed suspension. After considering any rebuttal or any other information relevant to the issue offered by the student, the faculty member shall then decide whether to revoke, modify, or proceed with the proposed suspension. The faculty member’s decision may be given to the student either orally or in writing. The student may only appeal the decision of a faculty member to the appropriate Academic administrator on the following grounds: 1.a) The sanction imposed is too severe for the offense and is unwarranted; 2.b) The student's due process rights were violated; or 3.c) New evidence has come to light which clearly alters the circumstances on which the action was taken. Following the suspension the faculty member shall notify the appropriate Academic administrator and the Vice President for Student Services and Learning SupportCSSO of the suspension in writing and shall provide both parties with copies of all documentation related to the incident. A copy will also be provided to the student. In no instance shall a student be returned to the class from which he or she was suspended under this Article during the period of suspension without the concurrence of the faculty of the class and the appropriate Academic administrator. Article X. Article IX. Fees, Denial of Aid, and Readmission (A) A. Fees No fees paid by or for a student for the semester, summer session, or other term in which he or she is suspended or expelled shall be refunded, except as may be required by law. If the student is readmitted before the close of the semester, summer session, or other term in which he or she is suspended, the student will not be charged any additional fees as a result of the suspension. B. Denial of Aid (B) Any recipient of financial aid who willfully and knowingly commits any act likely to disrupt the peaceful conduct of College activities, and who is arrested and convicted of a public offense arising from such act, may be determined to be ineligible for any financial aid for a period not to exceed the ensuing two academic years. Any recipient of such financial aid who, after a disciplinary hearing, is found to have willfully and knowingly disrupted the orderly operation of the College but who has not been arrested and convicted may be determined to be ineligible for any further financial aid for such period not to exceed the ensuing two academic years. Any such recipient who is suspended from the College for such acts shall be ineligible for financial aid for a period not less than the time of such suspension. College Council 4/6/2015 Page 126 C. (C) Admission or readmission Admission or readmission may be denied to any person who, while not enrolled as a student, commits such acts which, were he or she enrolled as a student, would be the basis for disciplinary proceedings under this regulation. In addition, admission or readmission may be denied to any person who, while a student, commits acts that are subject to disciplinary action pursuant to this regulation. Any conduct for which admission or readmission may be denied must be related to a College activity or College attendance. Appeals regarding denial of admission or readmission shall be made to the Vice President for Student Services and Learning SupportCSSO or, in the case of the education centers, the Campus administrator. Article X. Article XI. Definitions Attorney: Any person who is admitted to practice law before any state or federal court. Behavior: Shall include conduct and expression. Cheating: Intentionally using or attempting to use unauthorized materials in any academic exercise. Class: Any duly authorized class session or other College function, whether on or off campus, whether for credit or not, whether offered in a day, evening, or summer program, and shall include any duly scheduled field trip, excursion, field placement, or work experience program under the auspices of the College and the faculty member. College: The Redwoods Community College District College premises: Includes all land, buildings, facilities and other property in the possession of or owned, used, or controlled by the college (including adjacent streets and sidewalks). College property: Real or personal property in the possession of, or under the control of, the Board of Trustees of the Redwoods Community College District; College food, bookstore, or retail facilities, whether operated by the College or by the students of the College; and other property or facilities leased or rented by the College. College-sponsored event: Any event or activity on or off College premises that is directly initiated, sponsored, supported, or supervised by the College. Complainant: Any person who submits a charge alleging that a student violated this Student Code and the term “Accused Student” means any student accused of violating this Student Conduct Code. Complicity: Knowingly helping another to commit an act of academic dishonesty. Conduct Review Committee: Refers to the disciplinary board. Days: A day during which the College is in session and regular classes are held, including summer session days and excluding Saturdays and Sundays, unless otherwise specified in this regulation. Deadly Weapons: Includes, but is not limited to, any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sand-club, sandbag, or metal knuckles; any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade longer than 3 ½ inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade; a pistol, revolver, or any other firearm; any metal pipe or bar used or intended to be used as a club; or any other dangerous object of no reasonable use to the student. College Council 4/6/2015 Page 127 Expulsion: Exclusion of the student from all College premises for one or more terms. Permanent separation of the student from all courses and activities offered by the District. Faculty Member: Any academic employee of the District in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has responsibility for the student's educational program. Hazing: Any method of initiation into a student organization or any pastime or amusement engaged in with regard to such an organization which causes, or is likely to cause, bodily danger or physical or emotional harm to any member of the College community; but the term "hazing" does not include customary athletic events or other similar contests or competitions. Lewd or indecent: A person who removes his/her underclothing and exposes himself or herself, masturbates, engages in voyeurism, or performs any other act in a public place or under circumstances which the person should know will likely cause affront or alarm to another person. Long-term Suspension: Exclusion of the student for good cause from one or more classes for the remainder of the school term, or from all classes and activities of the College for one or more terms. Member of the College Community: Community College District trustees, certificated, classified and administrative personnel; students; and other persons while such other persons are on College property or at a College function. Plagiarism: Using another’s work or ideas as if they were one’s own without giving credit to the source. Preponderance of evidence: When considering all the evidence in the case, the decision maker is persuaded that the allegations are probably more true than not. Removal from class: Exclusion of the student by a faculty member for the day of the removal and the next class meeting. Rules of Privilege: The rules of privilege adopted by the California Legislature. Rules of privilege exist because maintenance of confidentiality of certain relationships is considered of greater value than the disclosure of evidence which is acquired within those relationships. Examples of such communications are those made in the course of the lawyer-client, physician-patient, and psychotherapist-patient relationship. Short-term Suspension: Exclusion of the student for good cause from one or more classes for a period of up to ten consecutive days of instruction. Student: Any person currently enrolled as a student at any college or in any program offered by the District. Withdrawal of Consent to Remain on Campus: Withdrawal of consent by the Vice President for Student ServicesCSSO or his/her designee for any person to remain on campus in accordance with California Penal Code Section 626.4 where the Vice President for Student Services and Learning SupportCSSO or his/her designee has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus. Written or verbal reprimand: An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. . Written reprimands may become part of a student's permanent record at the District. . A record of the fact College Council 4/6/2015 Page 128 that a verbal reprimand has been given may become part of a student's record at the District for a period of up to one year. Article XII. Article XI. Interpretation and Revision Any question of interpretation regarding the Standards of Student Conduct and Disciplinary Process will be referred to the Vice President for Student Services and Learning SupportCSSO or his/her designee for final determination. Technical departures from the provisions of this regulation and errors in their application shall not be grounds to void the College's right to take disciplinary action against a student, unless, in the opinion of the President/Superintendent, the technical departure or error prevented a fair determination of the issue. This regulation is applicable to actions taken against a student based on that student's failure or refusal to abide by the Code of Conduct. . This regulation is not applicable to matters that are covered by student grievance procedures such as those that arise under Title IX (sex discrimination), College Policies regarding sexual harassment, or Federal Rehabilitation Act of 1973, Section 504 (students with disabilities); residence hall licensure terminations; withholding of services, including certificates, diplomas, or transcripts for non-payment of debts to the College; student activity members, such as student councils; residence determination; and academic matters such as, but not limited to, admission and enrollment decisions, the assignment of classes or grades, and probation, suspension or dismissal for academic reasons. The Campus Security Act of 1992 requires statistics on various kinds of crimes, including sex offenses. . Statistics are required on forcible and non-forcible sex offenses. . Forcible sex offenses are "any sexual acts directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent," and include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. . Non-forcible sex offenses are acts of "unlawful",,” non-forcible sexual intercourse," and includes incest and statutory rape. . (Complying with the New Federal Laws: Sex Offenses on Campus, prepared by the American Council on Education and National Association of Student Personnel Administrators, March 1993). References: California Education Code Sections 66300, 66301, 72122, 76030; Accreditation Standard II.A.7.b Revision Adopted: XX/XX/XXXX Ammended: 11/6/07 Former Administrative Regulation #505.01, “Student Code of Conduct,” Approved: 2/80 Revised: 10/4/93; 2/2/98; 5/17/04; 4/4/05; “Appendix for Student Code of Conduct,” Approved by the Academic Senate: 2/20/04 College Council 4/6/2015 Page 129 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 5501 LOCKER SEARCH All lockers are and shall remain the property of the District. Students are encouraged to keep their assigned lockers closed and locked against incursion by other students. No student may use his/her locker as a depository for a substance or object which is prohibited or which constitutes a threat to the health and safety and welfare of the occupants of the school building. See Administrative Procedure AP 5145, BP/AP 3560. Adopted by the Board of Trustees: August 15, 1977 Revised: June 11, 2012 References: Education Code 32280-32289; 35160; 35160.1; 48900‐48927; 49050‐49051; 49330‐49334 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5501 Number Update only from Board of Trustees Policy No. 516 LOCKER SEARCH The Board acknowledges the need of students for safe, in-school storage of books, clothing, school materials and other personal property and provides lockers to be used for such storage. All lockers are and shall remain the property of the Board. Students are encouraged to keep their assigned lockers closed and locked against incursion by other students. No student may use his/her locker as a depository for a substance or object which is prohibited or which constitutes a threat to the health and safety and welfare of the occupants of the school building. The Board reserves the right to authorize its employees to inspect a student's locker when such employee has reason to believe that the locker is improperly used for the storage of contraband, a substance or object the possession of which is illegal, or any material which poses a hazard to the safety and good order of the College. Former Board of Trustees Policy No. 516, number change only on July 10, 2012 Adopted by the Board of Trustees August 15, 1977 College Council 4/6/2015 Page 130 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5501 LOCKER USAGE AND SEARCH The District reserves the right to authorize its employees and Academy of the Redwoods staff to inspect a student's locker when such employee has reason to believe that the locker is improperly used for the storage of contraband, illegal substances or objects, or any material which poses a hazard to the safety of the College. Lockers that are not registered may be opened by College of the Redwoods staff by cutting off the lock if there is suspicion of rotting food or illegal items within the locker at any time. Any illegal items or contraband will be turned over to the Humboldt County Sherriff. Students are responsible to keep their lockers clean and report any damage/break-ins to the lockers in Applied Technology to Academy of the Redwoods Principal’s Secretary or Public Safety immediately. Damage/Break-ins to PE lockers should be reported to the Physical Education Secretary or Public Safety immediately. The school is not responsible for lost or stolen books or personal property from student lockers. Lockers must be emptied at the end of each semester for maintenance and cleaning. Locks left on after a semester ends will be cut off by College of the Redwoods staff. Any materials left in lockers will be disposed of properly. Any item with perceived value will be given to the campus security department for the student to claim. See Board of Trustee Policy 5145 References: Education Code Section 32280-32289; 35160; 35160.1; 48900-48927; 49050-49051; 49330-49334 Approved: XX/XX/XXXX Revised: XX/XX/XXXX NEW BP – Legally required – League Template REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy College Council 4/6/2015 Page 131 New BP 5570 STUDENT CREDIT CARD SOLICITATION The President/Superintendent shall establish procedures that regulate the solicitation of student credit cards on campus. Approved by Board of Trustees: NEW New AP – Legally advised, but BP is required – League Template REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure College Council 4/6/2015 Page 132 New AP 5570 STUDENT CREDIT CARD SOLICITATION Sites at which student credit cards are marketed must first be registered with the campus administration at the President/Superintendent’s office or designee. The number of sites allowed on campus may be limited. Marketers of student credit cards are prohibited from offering gifts to students for filling out credit card applications. Credit card and debt education and counseling sessions are offered to students through local non-profit consumer credit counseling services. Approved by Board of Trustees: NEW Not legally required, no CCLC template, and covered by AP 3410 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure College Council 4/6/2015 Page 133 AP 3411 Number Update only from Administrative Regulation No. 809.04 STUDENT NONDISCRIMINATION PLAN College of the Redwoods is an "equal educational opportunity campus.” The Redwoods Community College District reaffirms its policy of non-discrimination, on the basis of minority status, sex or other impermissible grounds in the provision of services provided to the members of the public by facilities under the Redwoods Community College District. Further, the Redwoods Community College District commits itself to a continuing program to assure that unlawful discrimination does not occur in the services it renders to the public and that those sectors of the public affected by this policy be kept informed of its content. Equal opportunity is a condition, and College of the Redwoods recognizes that it has the responsibility of ensuring that the condition of equal opportunity is maintained. The Equal Educational Opportunity shall provide for the prompt, fair, and impartial consideration of all complaints of discrimination of a student on the basis of race, color, religion, or national origin. The College shall provide access to counseling or grievance procedure and shall encourage the resolution of students’ problems on an informal basis. Former Administrative Regulation No. 809.04, number change only on June 5, 2012 Adopted: 3/87 Amended: 2/4/03 College Council 4/6/2015 Page 134 Not legally required REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3412 Number Update only from Administrative Regulation No. 809.07 ACCESS TO PROGRAMS AND FACILITIES It is the policy of College of the Redwoods to provide access to District programs and facilities to individuals with disabilities to the fullest reasonable extent possible. Access to persons with disabilities is guaranteed by Section 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and by Title 24, California Code of Regulations. College of the Redwoods recognizes that access has three distinct facets; physical impediments, access to programs and courses, and access to technology. In order for College of the Redwoods to meet and exceed its responsibility, the following policies set forth minimum standards for accessibility. I. Policy Statement - Access to Facilities The College recognizes that many of our facilities were constructed prior to the Americans with Disabilities Act and are therefore not compliant with current requirements for access. In order to upgrade these facilities, the College refers to the ADA Coordinator and to the Transition Plan Committee the responsibility to prioritize the problem areas as identified in the Accessibility Survey of District Facilities and the Transition Plan for remediation. Funding will be set by the District at 1/10th of 1% of District General Funds in a designated account that, if not spent in one year, will roll over to following years for major projects. All new construction and all remodel projects will be constructed to meet current access guidelines as promulgated by Title 24, California Code of Regulations. All costs associated with remodel projects and/or the change in use of a pre-existing space is the responsibility of the cost center initiating the change. Classroom and lab seating, furniture, and other furnishings shall be selected and purchased using the concept of universal design. Universal design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaption or specialized design. The intent of universal design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal design benefits people of all ages and abilities. II. Policy Statement - Access to Programs and Courses The College holds that no qualified student, on the basis of a disability, who may be reasonably accommodated, be excluded from participation in, denied the benefits of, or otherwise be subjected to any discrimination under any academic, research, occupational training, housing, counseling, athletics, recreation, other extracurricular activity, or program provided by the Not legally required College Council 4/6/2015 Page 135 District. In addition, no student or member of the public is denied access to any special event as a result of a disability. All District publications, brochures, handbooks, syllabi, phone directories etc. intended to convey information regarding courses, programs, or general information to students or members of the public shall be made available in alternate formats such as Braille, large print, or recorded hearing accessible media. All such printed materials shall include the following statement: Public Notice - Nondiscrimination College of the Redwoods does not discriminate on the basis of ethnicity, religion, age, gender, sexual orientation, color or disability in any of its programs or activities. College of the Redwoods is committed to providing reasonable accommodations for persons with disabilities. Upon request this publication will be made available in alternate formats. All District posters, flyers, handbills, etc. intended to convey information regarding one-time only concerts, lectures, discussions, etc. to students or members of the public shall include the following statement: Public Notice - Nondiscrimination College of the Redwoods does not discriminate on the basis of ethnicity, religion, age, gender, sexual orientation, color, or disabilities in any of its programs or activities. College of the Redwoods is committed to providing reasonable accommodations for persons with disabilities. Requests for accommodations should be made seven working days before this program. All District publications containing one or more telephone numbers shall include TTY numbers. III. Policy Statement - Access to Electronic and Information Technology Access to technology and electronic information is comprised of three facets: (1) products such as telecommunications, video and multimedia, self-contained closed products (e.g. ATM's, copiers, and fax machines), and desktop and portable computers; (2) assistive software; and (3) the informational presentation such as web pages and power point presentations. The purchase of products available for use by students or the public shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and its implementing regulations set forth at Title 36 CFR Part 1194. Computer labs with more than ten stations for use by students shall have a minimum of three stations or 10%, whichever provides greater accessibility for the disabled use. Computer labs with less than ten stations shall have at least one accessible station. Standards for accessible software can be found in the Transition Plan. The College's home web page and all other pages associated with locations, programs, admissions, schedules, news, and departments shall meet Priority Levels I and II as set forth in Section 508 of the Rehabilitation Act of 1973, and its implementing regulations set forth at Title Not legally required College Council 4/6/2015 Page 136 36 CFR Part 1194. Every individual web page hosted by the College's web page shall meet at a minimum Priority I accessibility standards. Closed captioning of all television broadcasts and video taped distance education course materials shall be provided to persons with hearing disabilities. Former Administrative Regulation No. 809.07, number change only on June 5, 2012 Approved by Board of Trustees: November 6, 2001 Not legally required, no CCLC template REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy College Council 4/6/2015 Page 137 BP 3502 Number Update only from Board of Trustees Policy No. 821/538 CHILDREN ON CAMPUS The Board desires to prohibit the potential harm to children left unattended on campus without parental or legal guardian supervision. Therefore, the Board directs the Administration to develop regulations and guidelines for the supervision of children on campus in accordance with applicable legal requirements. This policy is intended to cover minors who are not officially enrolled or participating in a college-sponsored activity, course, or program. Former Board of Trustees Policy No. 821/538, number change only on June 5, 2012 Adopted: March 6, 1995 Not Legally Required, No League Template REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure College Council 4/6/2015 Page 138 AP 3502 Number Update only from Administrative Regulation No. 821.01/538.01 REGULATION RE: SUPERVISION OF CHILDREN ON CAMPUS In accordance with the provisions of the Child Welfare Services, the Child Abuse and Neglect Reporting Act (California Penal Code Sections 11164 through 11174.3), and the need of the College to maintain an educational environment that is not disrupted, the following guidelines concerning minor children will be followed: 1. Children ages 0-15 should not be left alone on campus without adult supervision. 2. Children ages 16-18 who are enrolled under the provision of the Board of Trustees Policy No. 502, "Enrollment of Minors," can be on campus as long as they do not violate the provisions of the Student Code of Conduct and are making satisfactory academic progress. 3. Children who are on campus without adult supervision should be reported to the Security Office or to the Office of the Vice President of Student Services for referral to Child Protective Services. 4. In emergency situations such as health, child abuse, neglect, or exploitation, these children should be reported directly to either Child Protective Services or the Humboldt County Sheriffs' Office. A written report of such incidents should be made to the Vice President of Student Services. These are general guidelines only. They may be modified given the particular situation in question, but in no instance should children be on campus without adult supervision. Former Administrative Regulation No. 821.01/538.01, number change only on June 5, 2012 Approved: March 6, 1995 College Council 4/6/2015 Page 139 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP3910 Number Update only from Administrative Regulation No. 117.01 CAMPUS GUEST SPEAKER Recognizing that the College has the responsibility for the physical safety of the students and the protection of campus property, the College administration stipulates that careful deliberation shall be made before inviting speakers. Invitations for campus guest speakers shall have prior approval by: 1. Executive Vice President, Academic and Student Services, if initiated by a faculty member or group. 2. Executive Vice President, Academic and Student Services, if initiated by a student or student group. Former Administrative Regulation No. 117.01, number change only on May 1, 2012 Adopted by the Board of Trustees June, 1983 College Council 4/6/2015 Page 140 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3911 Number Update only from Administrative Regulation No. 116.01 CLASSROOM GUEST SPEAKERS Community persons may participate as classroom guest speakers provided that: 1. Their competency, experience, or special training is not available within the program. 2. The speaker can make a contribution toward completion of course and program objectives. 3. The Division Dean or Campus Vice President has been informed. Former Administrative Regulation No. 116.01, number change only on May 1, 2012 Approved: August 5, 1977 Revised: 12/2/96; 11/5/02 College Council 4/6/2015 Page 141 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4302 Number Update only from Administrative Regulation No. 604.02 REGULATION RE: STUDENT USE OF PERSONAL AUTOMOBILES FOR DISTRICTSPONSORED ACTIVITIES WHEN DISTRICT TRANSPORTATION IS AVAILABLE When District transportation is available, we do not encourage private transportation. However, if a student chooses to use his or her personal transportation for a District-sponsored activity, the student must comply with the provisions of this administrative regulation. While traveling to and from District activities such as field trips, off-campus instruction, or athletic events, students who drive their own vehicles are not agents or volunteers of the District. 1. Prior to the activity, all students requesting to drive personal vehicles should complete the Student Voluntary Transportation Agreement form (Exhibit 604.02). Parents and guardians wishing to pick up students from District-sponsored activities when transportation has been provided must also complete the form. 2. If the student is under 18 years of age, the parent must also sign the agreement. 3. Students who have not signed the agreement must ride in the District transportation provided. When District-sponsored transportation is not provided, the District will not dictate the route, time, passengers, nor other matters related to the use of private vehicles; nor will the District mandate caravanning. Former Administrative Regulation No. 604.02, number change only on June 5, 2012 Approved: March 6, 1995 College Council 4/6/2015 Page 142 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5014 Number Update only from Administrative Regulation No. 508.02 EVALUATION OF MILITARY EXPERIENCE College of the Redwoods does not offer college credit for military experience. Former Administrative Regulation No. 508.02, number change only on July 10, 2012 Approved: June 3, 2003 College Council 4/6/2015 Page 143 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5032 Number Update only from Board of Trustees Policy No. 540 REQUESTS TO IMPOSE MANDATORY STUDENT FEES Under special and limited circumstances, and upon the recommendation of the Associated Students at the Eureka, Del Norte, or Mendocino Coast campuses, the Board of Trustees may authorize the collection of special mandatory fees to provide unique and permissible programs or services to their respective student bodies. References: Ed Code Sections 70902(a), 76060, Title 5, Section 51012 Former Board of Trustees Policy No. 540, number change only on July 10, 2012 Adopted by Board of Trustees: December 13, 2005 College Council 4/6/2015 Page 144 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative procedure AP 5032 Number Update only from Administrative Regulation No. 540.01 MANDATORY STUDENT FEE ELECTIONS In order to petition the Board of Trustees to collect a special mandatory student fee from registered students on their behalf, the Associated Students (AS) must conduct a special election. This is to ensure that the students who will be required to pay the fee are reasonably supportive of the fee. This election must meet the following requirements: 1. A formal motion to propose a mandatory fee election must be made at a regular Associated Students meeting. A quorum must be present, and 2/3 of those voting on the motion must vote in favor of the fee. The following elements must be specified in the motion: The basic purpose of the fee; The amount of the fee proposed to be collected from students each semester; The semester that AS would like to begin collecting the fee; and A date by which the fee would cease to be collected unless reaffirmed by the student body in the future. 2. The proposed fee must be permissible under the state’s Education Code, and must comply with the legal guidelines contained in the Chancellor’s Office “Student Fee Handbook.” 3. The text of the ballot measure, the election dates, the polling locations, the poll hours, the voter turn-out number, and written arguments for and against the measure must be forwarded to and approved by the Board of Trustees at least six weeks before the election is to be held. 4. Mandatory fee elections may only be held between the first instructional day of week five and the last instructional day of week twelve of the fall or spring semester. 5. A non-biased campaign publication which will include pro and con arguments submitted by any interested registered student or student organization will be made available to students at least 10 instructional days prior to the first day of the election. (Holidays and/or break periods excluded.) At least one public forum must be held during this time to provide an opportunity for students in favor of and opposed to the measure to present their points of view. 6. In order for the mandatory fee to be forwarded to the Board for approval, the following two conditions must be met: College Council 4/6/2015 Page 145 a. At least 20% of the students registered for the semester in which the election is held must vote in the election by the special election. The number of registered students as of the census date of the semester in which the election is held will be used to establish the voter turnout requirement. b. At least 55% of the students who vote in the election must vote in favor of the fee being collected. 7. Overall responsibility for the conduct of mandatory fee elections will rest with the Chief Student Services Officer, who will design a comprehensive election plan for each special election. 8. Anyone wishing to file a complaint about the election must submit such complaint in writing to the President/Superintendent Office within 48 hours of the time the last polling location closes. All such complaints will be forwarded to the President, who will decide whether or not the alleged infraction may have been sufficient to change the final outcome of the election. If so, the election results will be nullified, and no recommendation to collect the mandatory fee will be forwarded to the Board. 9. If all required election criteria are met, the fee measure will be forwarded to the Board for approval at their next regular meeting following the election. 10. Upon approval by the Board, the fee will be collected in keeping with the timeline specified in #1, above. 11. Should a mandatory fee measure fail to receive the approval of the student body in a special election, the same or substantially similar mandatory fee proposal may not be placed before the students again for at least 4 semesters. References: BP 540 Former Administrative Regulation No. 540.01, number change only on July 10, 2012 Approved: February 6, 2006 College Council 4/6/2015 Page 146 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5151 Number Update only from Board of Trustees Policy No. 904 COMMUNITY RELATIONS Any programs which develop from community cooperative efforts shall be for the benefits of the College of the Redwoods and its instructional program, and shall have the President's approval prior to implementation. In reviewing these matters the President shall keep in mind that the College shall maintain an impartiality among all constituents of the community who promote worthy causes, shall not be used for direct sales promotion of goods and services, and shall not assign students to outside tasks which do not primarily benefit the students. Former Board of Trustees Policy No. 904, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977 College Council 4/6/2015 Page 147 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5206 Number Update only from Board of Trustees Policy No. 803 ACCIDENT REPORTS It shall be Board policy that when a student is injured, a written report of the occurrence is to be filed in the Business Office. It is imperative that these forms be completed and signed by the individual if possible as well as the instructor, and that as many details as possible are explained. This procedure is for the protection of each individual instructor as well as the College against future insurance liability claims and suits. This constitutes a record which becomes extremely valuable should any litigation result from the occurrence. Former Board of Trustees Policy No. 803, number change only on June 5, 2012 Adopted by Board of Trustees: August 15, 1977