45 AGENDA ITEM BACKGROUND TO: GOVERNING BOARD DATE FROM: PRESIDENT October 8, 2012 SUBJECT: Board Policy 3900 Speech: Time, Place, and Manner Board Policy 5400 Associated Students Organizations Board Policy 5410 Associated Students Elections Board Policy 5420 Associated Students Finance Student Services, Second Reading REASON FOR BOARD CONSIDERATION ACTION ENCLOSURE(S) Page 1 of 5 ITEM NUMBER C.2 BACKGROUND: The District is in the process of revising Board Policies and Administrative Regulations utilizing the California Community College League’s model policies as applicable. Attached are three new additions to the Board Policies in the Student Services component presented as a second reading for Governing Board. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the Governing Board adopt the Board Policies. Administrator Initiating Item: Dennis Bailey-Fougnier Academic and Professional Matter If yes, Faculty Senate Agreement Senate President Signature Yes No Yes No Final Disposition 3900 - Not Approved 5400, 5410, 5420 - Approved 46 BP 3900 Speech: Time, Place, and Manner (formerly numbered BP 5550 with newly added information in 2/10) References: Education Code Sections 76120 and 66301 Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy. The Cabrillo College main campus and its centers, are non-public forums, except for those areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The President/Superintendent or designee shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums. The administrative procedures promulgated by the President/Superintendent and his/her designees shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions in those parts of the college designated as areas generally available to students and the community, and the wearing of buttons, badges, or other insignia. Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District. Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301(e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected. See Administrative Procedure 3900. Revised 6/26/12 Replaces BP 6100 Approved by Student Services Council on August 15, 2012. 1 47 BP 5400 Associated Students Organization Reference: Education Code Section 76060 The students of the Cabrillo College District are authorized to organize a student body association. The Board hereby recognizes the Associated Students of Cabrillo College Student Senate (ASCC Student Senate). The ASCC Student Senate is recognized as the official voice for the students in district decision-making processes to meet the requirements of shared governance as stated by California Education Code 70902 (b) (7) and Title 5, sections 53200, et seq., 51023.5 and 51023.7. The ASCC Student Senate may conduct other activities as approved by the Dean of Student Services. The ASCC Student Senate activities shall not conflict with the authority or responsibility of the Board or its officers or employees. The ASCC Student Senate shall conduct itself in accordance with state laws and regulations and administrative procedures established by the District. The ASCC Student Senate shall be granted the use of District premises subject to such administrative procedures as may be established by the Dean of Student Services. Such use shall not be construed as transferring ownership or control of the premises. See Administrative Procedures 5400. Approved by Student Services Council on August 15, 2012. 48 BP 5410 Associated Students Elections Reference: Education Code Section 76061 The Associated Students of Cabrillo College (ASCC) Student Senate shall conduct annual elections to elect officers. The elections shall be conducted in accordance with procedures established by the ASCC Student Senate, consistent with the requirements of Education Code 76061. Any student elected as an officer in the Associated Students shall meet both of the following requirements: The student shall be enrolled in the District at the time of election and throughout his/her term of office, with a minimum of five semester units or the equivalent. The student shall meet and maintain the minimum standards of scholarship (see BP 4220 titled Standards of Scholarship and related administrative procedures). See Administrative Procedures 5410. Revised 6/26/12 Approved by Student Services Council on August 15, 2012. 49 BP 5420 Associated Students Finance References: Education Code Sections 76063–76065, 76060 Associated Students of Cabrillo College Student Senate (ASCC Student Senate) funds shall be deposited with and disbursed by the Vice President of Administrative Services or designee. These funds shall be deposited, loaned or invested in one or more of the ways authorized by law. The funds of the Associated Students shall be subject to an annual audit. Approved by Student Services Council on August 15, 2012.