Reference: AP 5520 Student Discipline Procedure; AP 5500 Standards of Conduct.

 

A student enrolling in Moorpark College, Oxnard College, or Ventura College assumes an obligation to behave compatible with the college's educational institution function. The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student Code of Conduct, which guarantees to the student or students involved the due process rights guaranteed them by state and federal constitutional protections. This procedure will be used in a fair and equitable manner, and not for the purpose of retaliation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.

This Administrative Procedure is specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code Section 76120, and will not be used to punish expression that is protected.

For discipline resulting from a complaint of sexual harassment under Title IX, the procedure in AP 3434 Responding to Sexual Harassment under Title IX, must be used.

Definitions:

Chief Student Services Officer (CSSO) - The Vice President of Student Affairs/Student Support/Student Development serves as the college's Chief Student Services Officer.

Designee - An employee within the district, appointed by the (CSSO), is responsible for executing the functions associated with the administrative procedures.

District - The Ventura County Community College District

Student - Any person currently enrolled as a student at any college or in any program offered by the District who was also enrolled at the time of the alleged violation of the Standards of Student Conduct.

Instructor - 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 another academic employee who has responsibility for the student's educational program.

Short-term Suspension - Exclusion of the student by the College President or designee for good cause from one or more classes for a period of up to ten consecutive days of instruction.

Long-term Suspension - Exclusion of the student by the College President or designee 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.

Expulsion - Exclusion of the student by the Board of Trustees from all colleges in the District for one or more terms.

Removal from Class - Exclusion of the student by Instructor for the day of the removal and the next class meeting.

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 college. A record of the fact that a verbal reprimand has been given may become part of a student's record at the college for a period of up to one year.

Withdrawal of Consent to Remain on Campus - Withdrawal of consent by the CSSO for any person to remain on campus in accordance with California Penal Code Section 626.4 where the CSSO has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus.

Day - Days during which the District is in session and regular classes are held, excluding Saturdays and Sundays and holidays.

Disciplinary Procedures

Except in cases where immediate removal from campus pending a hearing is authorized, the following procedures will apply before disciplinary action is taken to suspend or expel a student:

Notice and Opportunity to Respond

All notices required as part of the disciplinary process shall be sent via electronic mail (email) to the student’s District-assigned email. Additionally, notices may be sent via certified mail, postage paid, and addressed to the last mailing address of the student on file with the District. Notice served by any of these methods shall be presumed to have been received by the student. The District may, but is not required to, personally serve the student with the notices.

Notice - The CSSO will provide the student with written notice of the conduct warranting the discipline. The written notice will include the following:

• the specific section of the Student Code of Conduct that the student is accused of violating; 
• a short statement of the facts supporting the accusation.
• the right of the student to meet with the CSSO or designee to discuss the accusation, or to respond in writing.
• the nature of the discipline that is being considered.
• a clause informing the student of the right to select an adviser of his/her/their choice or to request the CSSO or designee to provide an adviser to the student.

Time limits - The notice must be provided to the student within 14 days of the date on which the District knew or should have known the conduct took place; in the case of continuous, repeated, or ongoing conduct, the notice must be provided within 14 days of the date on which conduct occurred which led to the decision to take disciplinary action.

Meeting - If the student chooses to meet with the CSSO, the meeting must occur no sooner than 14 days after the notice is provided. The meeting shall consist of the following:

• The student must again be told the facts leading to the accusation,
• The student must be given a reasonable opportunity to respond to allegations.
• Present information that the student would like the CSSO to consider, including exculpatory evidence

The CSSO informs the student of the potential disciplinary action(s) that may be taken if the allegations are proven to be true.

Determination of Discipline

Within 10 days after the meeting described above, the College President or designee shall, pursuant to a recommendation from the CSSO, decide whether to impose discipline or whether to end the matter.  Discipline may be:

• No discipline;
• Written or verbal reprimand;
• Short-term suspension;
• Long-term suspension; or
• Recommendation to the Board of Trustees for expulsion

The student has no further remedy if the proposed discipline is not probation, suspension, or expulsion. However, the student has the right to a Disciplinary Hearing if it is probation, suspension, or expulsion.

Short-term Suspension - If the College President or designee imposes a short-term suspension or some lesser disciplinary action, the student shall receive written notice. The notice will include the length of the suspension or the nature of the lesser disciplinary action. The College President or designee’s recommendation from the CSSO shall be final.

Long-term Suspension -  If the College President or designee imposes a long-term suspension or recommends expulsion, the following procedures shall be provided to the student:

• Written notice of the College President or designee’s decision shall be provided to the student.
• The notice shall identify the imposed discipline as either a long-term suspension or a recommendation to the Board of Trustees for expulsion
• The notice shall inform the student of the right to request a formal hearing before a long-term suspension or  expulsion is imposed
• The notice shall include a copy of AP 5520 Student Discipline Procedures describing the procedures for the hearing.

Expulsion - Within 7 days after the meeting described above, the College President or designee shall, pursuant to a recommendation from the CSSO or designee, decide whether to recommend expulsion to the Board of Trustees. Written notice of the College President or designee’s decision shall be provided to the student. The notice will include the right of the student to request a formal hearing before expulsion is imposed, and a copy of the AP 5520 Student Discipline Procedures describing the procedures for a hearing.

Hearing Procedures - Request for Hearing

Within 5 days after receipt of the College President or designee’s decision regarding a long-term suspension or expulsion, the student may request a formal hearing. The request must be made in writing to the College President or designee.

Schedule of Hearing - The formal hearing shall be held within 20 days after a formal request for hearing is received.

Hearing Panel - The hearing panel for any disciplinary action shall be composed of one administrator, one faculty member, and one student.

The College President or designee, the president of Academic Senate, and the Associated Student president shall at the beginning of the academic year, and no later than three weeks of the start of the fall semester, establish a list of at least five persons who will serve on student disciplinary panels. The College President, or designee, shall appoint the hearing Panel from the names on these lists. However, no administrator, faculty member or student who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall serve on a hearing Panel.

Upon notification of the Hearing Panel’s composition, the student and the District shall each be allowed one peremptory challenge. The College President shall substitute the challenged member or members and replace them with another member of the panel pool to achieve the appropriate Hearing Panel composition. In the event the pool names are exhausted in any one category, further designees shall be submitted by the College President or designee (for administrators), the President of the Academic Senate (for faculty), or the Associated Student President (for students). The chairperson may, by giving written notice to both parties, reschedule the hearing as necessary pending the submission of alternate designees.

Three members of the committee must be present for any meeting relating to disciplinary action.

Hearing Panel Chair - The College President, or designee, shall appoint one member of the panel to serve as the chair. The decision of the hearing panel Chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by both other members of the panel to the contrary.

Conduct of the Hearing

• The members of the hearing panel shall be provided with a copy of the accusation against the student and any written response provided by the student before the hearing begins.
• The facts supporting the accusation shall be presented by a college representative who shall be the CSSO or designee.
• The college representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
• After consultations with the parties, in the interests of justice, the hearing panel may set a time limit on the amount of time provided for each party to present its case, or any rebuttal. Any relevant evidence may be admitted at the discretion of the Hearing Panel Chair, in consultation with the Hearing Panel. Hearsay evidence will be admissible, but insufficient to establish a charge against the student.
• The Hearing Panel Chair, in consultation with the Hearing Panel, shall be responsible for determining the relevancy of presented evidence and testimony, the number of witnesses permitted to testify, and the time allocated for testimony and questioning. The Hearing Panel Chair, in consultation with the Hearing Panel, shall further be responsible for instructing and questioning witnesses on behalf of the Hearing Panel, and for dismissing any persons who are disruptive or who fail to follow instructions. If either party refuses to adhere to the instructions of the Hearing Panel Chair, the right to the hearing will be deemed waived. The Hearing Panel Chair shall have the final decision on all procedural questions concerning the hearing.
• Unless the Hearing Panel determines to proceed 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 the preponderance of the evidence that the alleged facts are true.
• The student may represent himself/herself/themself and may also have the right to be represented by a person of his/her/their choice, except that the student shall not be represented by an attorney unless, in the judgment of the hearing panel, complex legal issues are involved. If the student wishes to be represented by an attorney, the student must submit a request to the Hearing Panel Chair 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 hearing panel may also request legal assistance, even if the Districts representative and the student are not represented by an attorney. Any legal advisor provided to the panel 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.
• Hearings shall be closed and confidential unless the student requests that they be open to the public. Any such requests must be made no less than 5 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 panel agree to the contrary.
• The hearing shall be recorded by the District either by tape, digital, electronic, or stenographic recording. The official recording shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. If the recording is by tape recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. Recordings shall remain in the custody of the District at all times, unless released to a professional transcribing service. The student may request a copy of the recording.
• All testimony shall be taken under oath; the hearing panel chair shall administer the oath. All members of the campus community shall testify candidly and honestly. Failure to do so will be grounds for discipline up to and including expulsion or discipline according to the student code of conduct, District Policy, applicable collective bargaining agreement, or Education Code. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify
• Within 5 days following the close of the hearing, the hearing panel shall prepare and send to the College President or designee a written decision. The decision shall include specific factual findings regarding the accusation, and shall include specific conclusions regarding whether any specific section(s) of the Standards of Student Conduct were violated. The decision shall also include a specific recommendation regarding 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.

College President or Designee Decision

Long-term suspension - Within 15 days following receipt of the hearing panel's recommended decision, the College President or designee shall render a final written decision. The College President or designee may accept, modify or reject the findings, decisions and recommendations of the hearing panel. If the College President or designee modifies or rejects the hearing panel's decision, the College President or designee 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 College President or designee shall be final.

Expulsion - Within 15 days following receipt of the hearing panel's recommended decision, the College President or designee shall render a written recommended decision to the Board of Trustees. The College President or designee may accept, modify or reject the findings, decisions and recommendations of the hearing panel. If the College President or designee modifies or rejects the hearing panel's decision, he/she/they shall review the record of the hearing and shall prepare a new written decision which contains specific factual findings and conclusions. The College President or designee’s decision shall be forwarded to the Board of Trustees.

Board of Trustees Decision

The Board of Trustees shall consider any recommendation from the College President or designee for expulsion at the next regularly scheduled meeting of the Board after receipt of the recommended decision.

The Board 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 (Education Code Section 72122).

The student shall be notified in writing, by registered or certified mail to the address last on file with the District or by personal service, at least three days prior to the meeting, of the date, time, and place of the Board's meeting.

The student may, within 48 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 consider an expulsion recommendation in a public meeting, the Board 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.

The Board may accept, modify or reject the findings, decisions and recommendations of the College President or designee or the hearing panel. If the Board modifies or rejects, the Board shall review the record of the hearing, and shall prepare a new written decision which contains its specific factual findings and conclusions. The decision of the Board shall be final.

The final action of the Board on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the District.

Immediate Suspension and Denial of Access

Immediate Interim Suspension (Education Code Section 66017): The College President or designee may order immediate suspension of a student where he/she/they concludes that immediate suspension is required to protect lives or property and to ensure the maintenance of order. In cases where an interim suspension has been ordered, the time limits contained in these procedures shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, will be afforded to the student within ten (10) days.

Removal from Class (Education Code Section 76032): Any instructor may order a student removed from his/her/their class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the College President or designee, CSSO or designee. The CSSO or designee shall arrange for a conference between the student and the instructor regarding the removal. If the instructor or the student requests, the CSSO or designee shall attend the conference. The student shall not be returned to the class during the 1-2 day period of the removal without the concurrence of the instructor. 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.

Withdrawal of Consent to Remain on Campus: The CSSO or designee may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn. If the person is on campus at the time, he/she/they must promptly leave or be escorted off campus. If consent is withdrawn by the CSSO or designee, a written report must be promptly made to each college President or designee.

The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the period of the withdrawal. The request shall be granted not later than seven days from the date of receipt of the request. The hearing will be conducted in accordance with the provisions of this procedure relating to interim suspensions.

In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn.

Any person whose consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn, except to come for a meeting or hearing, is subject to arrest (Penal Code Section 626.4).

Time Limit

Any times specified in these procedures may be shortened or lengthened if there is mutual concurrence, in writing, by all parties.

Maintenance of Student Records

The facts of any disciplinary action shall be documented in the student's disciplinary record, subject to access, review, and comment by the student as authorized by the Family Educational Rights and Privacy Act (10 USC Section 2332g) and Education Code Section 76200 et seq. All access to, or release of such records to members of the public shall also be in accordance with State and Federal law. The student’s disciplinary record will be maintained in the Student Affairs/Student Services office for up to three years for a minor offense of written reprimand or less, and for seven years for disciplinary probation and suspension. The condition for an expulsion will be stated in the student’s disciplinary record.

No Disciplinary Action against Complainants or Witnesses in Sexual Assault Investigations

An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

Advisers

A student has a right to select an adviser of his/her/their choice or to request the District provide an adviser to the student. An adviser, with written permission from the student, shall receive updates along with the student during the student discipline process and shall participate in the process as an advocate for the student.

The District may use any of the following to fulfill its obligation to provide an adviser to the student: a confidential respondent services coordinator, an agreement with a student based peer support program, and an agreement with an alumni-based support program.

The District shall provide training to the adviser selected by the student or provided by the public postsecondary educational institution. The training shall include information on the District’s student discipline procedures and may be provided in an online or in-person format.

Student Code of Conduct

These standards are to ensure a safe, respectful, and productive learning environment for VCCCD students, staff, faculty, and administrators. In order for the colleges and the district to fulfill their mission of student learning achievement, all employees must feel secure in their work setting. Student conduct that negatively impacts the ability of students to meet their educational goals or employees to carry out their professional job responsibilities will be subject to the terms of this procedure.

Definitions: The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.

The procedures shall be made widely available to students through the college catalog and other means. Students who violate any of the following standards for student conduct while at the District office, on the college campus, or during off- campus college-sponsored activities are subject to the procedures outlined in Administrative Procedure 5520 Student Discipline Procedure, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under Board Policy 3433 Prohibition of Sexual Harassment under Title IX, AP 3433 Prohibition of Sexual Harassment under Title IX and AP 3434 Responding to Sexual Harassment under Title IX.

1. Causing, attempting to cause, or threatening to cause physical injury to another person;
2. Possession, sale, or otherwise furnishing a weapon, including but not limited to, any actual facsimile of a firearm, knife, explosive or other dangerous object, or any item used to threaten bodily harm without written permission from a District employee, with concurrence of the College President or designee.
3. Unlawful possession, use, sale, offer to sell, or furnishing or being under the influence of any controlled substance listed in the California Health and Safety Code Sections 11053 et seq., an alcoholic beverage, or 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. (Use or possession of medical marijuana is not allowed on any college property.)
4. Committing or attempting to commit robbery or extortion.
5. Causing or attempting to cause damage to District property or to private property on campus.
6. Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
7. Willful or persistent smoking (including e-cigarettes or use of similar mechanisms) in any area where smoking has been prohibited by law or by regulation of the college or the District.
8. Sexual Assault or sexual exploitation regardless of the victim's affiliation with the District.
9. Committing Sexual Harassment as defined by law or District policies and procedures. Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
10. Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race, or ethnicity, religion, sexual orientation, or any other status protected by law. The District's response to instances of sexual harassment will follow the processes identified in Board Policy 3430 Prohibition of Harassment and Administrative Procedure 3430 Prohibition of Harassment.
11. Engaging in intimidating conduct or bullying against another student through words or actions, including direct physical contact, verbal assaults, such as teasing or name-calling, social isolation or manipulation, and cyber- bullying.
12. Willful misconduct that results in injury or death to a student or to District personnel of which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
13. Disruptive behavior, willful disobedience, profanity, vulgarity, lewd, or other offensive conduct, on campus or during campus sponsored activities or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
14. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty as defined by representing the words, ideas, or work created by another person or generated using Artificial Intelligence as one’s own in any academic exercise, including commercial term paper companies or online sources for essays, term papers, or research papers, whether free or paid, unless explicitly permitted by the instructor.
15. Using unauthorized electronic or non-electronic aids (e.g. notes, calculators, smartphones, generative AI, etc.) unless explicitly permitted by the instructor.
16. Dishonesty, forgery, alteration or misuse of District/college documents, records or identification, or knowingly furnishing false information to the District/college or any related off-site agency or organization.
17. Unauthorized entry to or use of District/college facilities.
18. Lewd, indecent or obscene conduction or expression on District-owned or controlled property, or at a District sponsored or supervised functions.
19. 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 District/college premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the District.
20. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
21. Unauthorized preparation, giving, selling, transfer, distribution, or publication of any recording or photography of an academic presentation in a classroom or equivalent site of instruction, including but not limited to written class materials, except as permitted by District policies or administrative procedures.
22. Violation of professional ethical code of conduct in classroom or clinical settings as identified by state licensing agencies (Board Registered Nursing, Emergency Medical Services Authority, Title 22, Peace Officers Standards and Training, California Department of Public Health).
23. Hazing or attempted hazing of a former, current, or prospective student of the District.