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Closed Weekends and Holidays
Mon, Aug 20 – Thur, Aug 23
8:00am – 7:00 pm
Fri, Aug 24
8:00am – 5:00pm
Mon, Aug 27 – Thur, Aug 30
8:00am – 7:00pm
Fri, Aug 31
8:00am – 5:00pm
Mon - Th: 8:00am – 6:00pm
Fri: 8:00am – 5:00pm
Closed Weekends and Holidays
Phone: (714) 895-8306
1st floor, Student Services Center
Rights and Policies
CLASSIFICATION OF STUDENTS
Students are classified as follows: Freshman: A student who has completed fewer than 30 units. Sophomore: A student who has completed 30 or more units. Part-time Student: A student enrolled in fewer than 12 units. Full-time Student: A student enrolled in 12 or more units for a primary term.
New Student No previous enrollment record recorded at Golden West College. Continuing Student Continuing enrollment at Golden West College from one primary term to the next primary term. Returning Student Previously enrolled at Golden West College however missed at least one primary term of attendance.
Golden West College issues a new catalog each year. The information published in the catalog is in effect for the academic year beginning with the fall semester and concluding with the summer session. The courses required for a specific degree or certificate, or general education may change from one catalog to the next and, therefore, may change during the period of time that a student attends the college. Catalog rights, established when a student first takes classes at the college, protect the student from being held for additional requirements that may be added to a later catalog. For the purposes of meeting graduation or certificate requirements, students may elect to meet the requirements of either
- The catalog that was in effect at the time they began taking courses at Golden West College.
- Any catalog that was in effect during the student’s continuous enrollment.
- The catalog that is in effect at the time they file an application for a degree or certificate.
It is the responsibility of the student to indicate, at the time the graduation petition is submitted, which catalog he/ she elects to follow. Students maintain catalog rights by maintaining continuous enrollment at Golden West College–that is, by receiving a letter grade of A, B, C, D, F, P, NP, W, MW, I or IP on their transcripts for at least one course per academic year. Documented military or medical leave will not be considered an interruption of enrollment. Catalog rights are superseded when
- A program requires that students complete specific courses within an established time frame or
- Vocational program requirements change to comply with industry standards.
It is very important that students attend the first class meeting of every class in which they are registered, since a full period of instruction will begin the first day of the semester. Instructors may drop students who miss the first class meeting to make room for students who wish to enroll. Each instructor will determine the attendance policy for his or her class and its implication for successful completion of the course. Students are expected to attend classes regularly. Failure to attend may be taken into consideration by instructors when assigning grades. Students who miss the first class meeting, are absent for two contiguous class meetings or have too many absences MAY be dropped by the Instructor at any time during the semester until the final deadline for withdrawal. Instructors may have more restrictive requirements for attendance and these requirements shall be stated in the class syllabus. It is the student’s responsibility to drop classes they are no longer attending. Please see College withdrawal policy.
COURSE LOAD LIMIT
College work is measured in terms of the “credit unit.” In a recitation-lecture course, a college unit is normally defined as one hour of lecture and two hours of homework per week. In the laboratory, three hours in the classroom per week with no outside work constitute one unit of credit. The credit value assigned to a course is not determined by the number of class meetings per week, but by the number of hours of work required of the student. No student will be permitted to carry more than 19 units during Fall/Spring semesters and 9 units during the Summer session, or 6 units during the Winter Intersession within the Coast Community College District (CCC, GWC, OCC) without permission from the Director of Admissions and Records/designee. Concurrently enrolled high school students are limited to 6 units for the Fall/Spring semesters and 3 units for Summer/Intersession.
REMEDIAL COURSEWORK LIMITS
No more than 30 semester units of course credit may be assigned to a student for remedial coursework except when the student is enrolled in one or more courses in English as a Second Language or is identified as having a learning disability. This limit may be waived if the student can show significant and/or measurable progress toward the development of skills appropriate to enrollment in college-level courses. Students needing remedial instruction beyond the course credit restrictions set forth in this section shall be referred to appropriate non-credit adult basic education programs conducted by an adult school.
Student performance in courses is indicated by one of 10 grades. Grades which carry point value, and which are used in determining the grade point average (GPA), are as follows:
- A – Excellent 4 grade points per unit
- B – Good 3 grade points per unit
- C – Satisfactory 2 grade points per unit
- D – Passing, less than satisfactory 1 grade point per unit
- F – Failing 0 grade points per unit
The following grades are not part of the GPA computation:
- P – Pass, at least satisfactory Unit credit granted
- NP – No-Pass, less than satisfactory or failing – No units granted
- W – Withdrawal No units granted
- I, I/B, I/C, I/D, I/F, No units granted
- I/NP – Incomplete No units granted
- IP – In Progress No units granted
- MW – Military Withdrawal No units granted/No penalty
- NG – Non-Graded No units granted
- RD – Report Delayed No units granted
Optional Pass/No-Pass or grade classes. In these courses, students may elect to receive either a traditional letter grade of “A” through “F” or Pass/No Pass for the course.
- Pass/No Pass Grading Option: Requesting the Pass/No Pass grading option must be submitted electronically via your MyGWC prior to the start of the term or session. Once classes begin, or if you receive the following message, “Errors have occurred– Authorization required: CRN started” you will be required to submit your request to take a class Pass/No Pass in person in the Enrollment Center. Requests must be submitted no later than the end of the third week of the term for full-term (16 week) courses or during the first 20% of the course for all other length courses. For courses OTHER than full-term, the deadline is the same as the deadline for the Last Day to Drop Without a Withdrawal as printed on your Student Class Program (Web Schedule Bill).
- Once the grade option deadline has passed, the grade mode (Standard Letter or Pass/No Pass) cannot be changed. Before selecting this option, students should consult with a counselor. Generally, it is recommended that students select a letter grade in courses satisfying requirements for majors, general education, or for a high school course deficiency.
- A maximum of 15 units of Pass/ No Pass option coursework earned at an accredited college or university is counted toward the degree requirements for an Associate’s Degree.
- Grades of “NP (No Pass)” are considered unsatisfactory and are counted towards progress probation and/or dismissal.
- In courses where one performance standard determines unit credit, there is no option and only a “Pass” or “No Pass” is given.
Note: In classes graded on this basis, students are held to attendance regulations and academic standards expected in the standard graded courses. Students are advised to read the following statements before deciding to pursue a course on a graded (“A” to “F”) or Pass/No Pass basis.
- A grade of “Pass” or “No Pass” does not affect a student’s grade point average at Golden West College.
- “NP”, “W”, and “I” grades are utilized by Golden West College in the determination of academic probation and disqualification. (Refer to college regulations concerning “Probation/ Disqualification.”)
- Courses taken at Golden West College to remedy an admissions deficiency for the University of California due to poor or incomplete high school preparation are not acceptable if completed on a “pass” basis. Students required to complete 60 units of course work with a grade point average of 2.4 prior to transfer to a University of California campus, such as Irvine, must complete at least 42 of these units on a graded (“A” through “F”) basis.
- Some universities may specify that courses required for a major be completed on a standard grade basis (“A” through “F”).
- A grade of “pass” is equivalent to a “C” for purposes of transfer.
- Some universities specify that courses taken to satisfy general education breadth requirements be completed on a standard grade basis (“A” through “F”).
- Some institutions limit the number of units completed on a “pass” basis which are accepted toward the bachelor’s degree.
- Students planning to apply to competitive admissions programs such as the health professions are usually advised to complete the specified preparation on a graded basis (“A” through “F”).
Withdrawal is not an automatic process. The student is responsible for officially withdrawing, through their MyGWC to avoid receiving “F” or “NP” (no-pass) grades. Upon entering Golden West College, the student assumes the responsibility of completing each course in which he/she is registered. A college student is expected to attend all sessions of the classes in which he/she is enrolled. An instructor may drop a student for excessive absences when the instructor determines that, due to absences, the student may not successfully complete the course. Students who miss the first meeting of the class may also be dropped. Students who are dropped by their instructors for missing the first class meeting or for excessive absences should verify the instructor drop with Enrollment Services in order to avoid grade penalties and to comply with critical drop dates as specified. After a student has been dropped from the class for unexcused absences, appeal for reinstatement will be considered only under extenuating circumstances. When withdrawing from a class, students should be aware that the following policies apply:
Classes will not appear on a transcript (a “W” will not be assigned) when a student officially withdraws during the first two (2) weeks of full semester (16-week) fall or spring courses, and 20% of all other length courses. Students should refer to their “Student Class Program, Web Schedule Bill” for specific course withdrawal deadlines.
A “W” will appear on a transcript for official withdrawals made between the first instructional day of the 3rd week and the last day of the 12th week for full semester (16-week) fall or spring courses and more than 20% and less than 75% in all other length courses.
MW (Military Withdrawal)
“Military Withdrawal” occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a withdrawal symbol of “MW” is assigned. Military withdrawals shall not be counted in progress probation and dismissal calculations.
An incomplete grade (I, I/B, I/C, I/D, I/F, and I/NP) may be assigned when the course is not completed for unforeseen, emergency and justifiable reasons, with permission from the instructor, and the student intends to complete the work after the end of the term. The condition for the removal of the “I” shall be stated by the instructor as well as the grade assigned in lieu of its removal in a written record available to the student at the Enrollment Services. The “I” must be made up no later than one year following the term in which it was assigned. If the work assigned is not completed within that year, then the grade will revert to the grade attached to the “I”(ie I/B=B) A final grade shall be assigned when the work stipulated has been completed and evaluated by the instructor or when the time limit for completion of the work has passed. Note: When unusual circumstances prevail, a petition may be filed with Enrollment Services requesting a reasonable extension of time.
IP (In Progress)
The “IP” (In Progress) grade indicates that the class extends beyond the normal academic term. It indicates that work is “in progress” but assignment of a final grade awaits completion of the course. The “IP” symbol remains on the student’s record and is not used in calculating units attempted or grade points. The appropriate evaluative grade, units and grade points are assigned and appear on the student’s record for the term in which the course is completed. Note: There are very few classes at Golden West College that qualify to use the IP grade.
The NG symbol is assigned to non-graded courses.
Grade Challenge Policy
All grade grievances are handled through the student grievance process. However, in general, and by law, the instructor is solely responsible for the grades he/she assigns. No instructor may be directed to change a grade except in certain narrow circumstances authorized by Education Code Section 76224(a), “When grades are given for any course of instruction taught in a community college, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.” Grade grievances are handled through the Office of the Dean of Counseling and Social Sciences located in the Counseling/Career & Transfer Center in the Administration Building. All grade challenges must be made by the student, in writing, within two years after the end of the semester in which the grade in question was assigned. Grade challenges filed after the two-year deadline will be reviewed for recording errors only to ensure that the student’s grade on the instructor’s roster is, in fact, the grade that appears on the transcript.
Final examinations are required in all courses, except physical education. Normally final examinations are given the last week of class. No student will be excused from these examinations. Students must be in attendance at Golden West College for the entire semester and must take the final examination to receive credit.
AWARDING OF CREDIT, SUPPLEMENTARY METHODS
Golden West College recognizes work taken at other accredited colleges and for experiences outside of the traditional classroom setting. Accordingly, college credit is awarded in the following areas: Previously Earned Units Transcripts submitted to Golden West College are evaluated for every lower division, degree applicable course completed with a grade of A, B, C, D, F, CR or P. These courses, units, and grades earned are applied as appropriate to your GWC goal and used for educational planning purposes. Complete transcript evaluations are completed in conjunction with scheduled counseling appointments. Courses with W, NC or NP notations are not reviewed or applied. Students must request copies of official sealed transcripts be mailed to Admissions and Records from each college attended. We are required to carefully scrutinize general education courses in the areas of written and oral communication, critical thinking and composition, and mathematics and quantitative reasoning that represent the following areas: For California State University General Education Certification:
- CSU GE Area A2 – Written Communication
- CSU GE Area A3 – Critical Thinking
- CSU GE Area B4 – Mathematics / Quantitative Reasoning
For Intersegmental General Education Transfer Curriculum Certification:
- IGETC Area 1A – English Composition
- IGETC Area 1B – Critical Thinking – English Composition
- IGETC Area 2 – Mathematical Concepts and Quantitative Reasoning
Application of courses from private or out-of-state colleges and universities is often denied because course descriptions are insufficient and do not confirm required course elements (e.g., 6,000 written words, critical thinking, inductive/deductive reasoning, etc.).
Review of Coursework Completed at Private Colleges/Universities
GWC does not accept coursework completed at any institution that is not regionally accredited by one of the agencies accepted by GWC, for CSU/GE or IGETC. To be accepted by GWC, your courses must have been taken at an institution regionally accredited by one of the following agencies:
- Middle States Association (of Colleges and Schools)
- NASC – Northwest Association of Schools and Colleges
- HLC (Formerly NCA)- Higher Learning Commission
- NEASC-CIHE – New England Association of Schools and Colleges – Commission on Institutions of Higher Education
- SACS – Southern Association of Colleges and Schools
- WASC-ACCJC – Western Association of Schools and Colleges – Accrediting Commission for Community and Junior Colleges
- WASC-ACSCU – Western Association of Schools and Colleges – Accrediting Commission for Senior Colleges and Universities
Also, please note that some private colleges/universities offer courses that have similar titles, and appear to be equivalent to courses offered by GWC. However, the elements of the course – course content, learning objectives, lecture and/or lab hours, prerequisites/ corequisites – may not be congruent with the GWC course. When evaluating coursework, all of these elements are taken into consideration.
Students with Prior Bachelor’s Degree or Higher
Students with an earned bachelor’s degree from an institution regionally accredited by the Council for Higher Education Accreditation (CHEA) will be exempt from General Education requirements under the AA Option 1 GE pattern. Students will need to complete the following for an Associate of Arts Degree;
- 12 units of residency at Golden West College
- Completion of major coursework as stated in catalog
Submission of official transcripts is required. This does not apply to Associate Degree for Transfer options, the CSU-GE Breadth or IGETC requirements. Please see a counselor for further details on this process and remaining requirements for the degree. Note: Students pursuing a nursing degree must still undergo a full transcript evaluation for equivalent coursework and complete any deficiencies for the nursing degree.
Request for transfer of upper division courses and credits will be evaluated on a case by case basis. Upper-division units may be considered for application towards a Certificate, local/non-transfer Associate Degree, Associate Degree for Transfer, CSU/ GE and IGETC certification. The units will count toward the 60 units required for the associate degrees and meet the transfer requirements. If you are using upper-division courses to fulfill a lower-division IGETC or CSU/ GE course or Associate Degree for Transfer major requirement, remember that you are required to have a certain number of upper-division courses at the transfer institution. Contact the receiving institution to see how upper-division course credit will be awarded towards the baccalaureate degree. See the IGETC Standards for policy details: http://www.icas-ca.org/standards-policies-and-procedures-manual. CSU policy can be viewed at: http://www. calstate.edu/eo/EO-1100.html
GWC grants credit for courses taken at regionally accredited institutions outside of the United States. Additionally, approved non-regionally accredited international coursework may be applied to associate degree general education areas – social science, natural science, humanities, and career and personal development or elective credit only. Non-regionally accredited international coursework is not applied to English requirements or competencies, Associate Degrees for Transfer, or CSU/GE or IGETC certification. You must use one of the evaluation services listed on the NACES site www.naces.org to retrieve a detailed evaluation of your international transcript. The results of the credential evaluation will be reviewed to determine how the international coursework may be applied to a CCCD local/non-transfer associate degree (AA/AS) or certificate. Students may be required to submit course descriptions from the evaluating agency for certain courses to be approved in the general education areas. Please consider the following limitation before you invest in an international credential evaluation service.
Transfer to a University
We cannot apply non-regionally accredited international coursework to CSU General Education Certification or IGETC Certification for transfer purposes. Although some of your courses may be accepted by the institution to which you transfer, it is up to the destination institution to evaluate and determine what coursework will be accepted and how it will apply to your degree. For more information consult directly with the 4-year college that is your transfer destination.
A MAXIMUM OF 40 UNITS IN THE FOLLOWING CATEGORIES WILL BE AWARDED.
Students will be mailed an evaluation after the required documents have been submitted. Awarded credit is not transferable to other colleges and universities; it is subject to the individual policies of the respective institutions.
Credit by Examination
Students who are currently enrolled in at least one course (other than the course to be challenged) and who have completed 12 units at Golden West College with a 2.0 GPA in all college units attempted are eligible to seek “credit by examination” in a maximum of two courses. Approval by the Instructor and Division Dean is required to earn “credit by examination”. A grade of pass or no pass will be awarded and the course will be identified as a “Credit by Examination” on the transcript. Eligibility for credit will be based on post high school experiences. Students must request “credit by examination” in the Enrollment Center during the first six weeks of the semester in order to receive credit that semester. Students should not enroll in the course to be taken “Credit by Examination.” Note: Credit will not be awarded for 180 and/or 185 level language courses if the language is the student’s families primary or secondary language or if the student took the equivalent course in high school.
Military Service Credit
Golden West College reserves the right to evaluate and grant credit based on the academic policies established at GWC. The college recognizes and grants academic credit to veterans who have completed a minimum of one year of active honorable service in the armed forces unless it has been awarded by another school. This credit includes three (3) units for AA Degree Area E-Self Development on the GWC General Education pattern, or Area E-Self Development on the California State University General Education pattern (CSU GE Breadth). Three (3) additional units of elective credit are awarded toward the GWC AA Degree to equal a total of six (6) units. Veterans will be awarded credit based on a review of their DD-214 #4.
College Level Examination Program (CLEP)
Subject Examination: Golden West College will award credit for many of the College Level Examination subject exams passed at the 50th percentile level or higher.
Students may earn four units of ungraded, elective credit applicable to the Associate in Arts degree for each General Examination completed successfully. Minimum scores required for successful completion are: Humanities 489 Mathematics 497 Natural Science 489 Social Science 488 No Credit is given for the CLEP General Examination in English.
Credit will be awarded for a minimum score of 50 on the CLEP computer based exam. Duplicate credit will not be awarded in the same area for Advanced Placement Exams, the International Baccalaureate and the CLEP subject exams. In order to receive credit students must have official test results from the testing service sent to Golden West College. Credits are posted to the transcript upon completion of all other graduation requirements. CLEP credit can be used to satisfy CSU General Education Breadth requirements. It cannot be used to meet IGETC requirements. CSU grants CLEP credit, UC does not. It is up to the receiving institution to evaluate and grant CLEP credit. CLEP credit awarded at GWC may not transfer to other colleges. See a GWC counselor for more information.
English Equivalency Test
Students who pass the State University English Equivalency Test are awarded course and unit credit for English G100 and English G110. Credits are posted to transcripts upon completion of all other graduation requirements. Copies of the official test results must be requested from the testing service by the student and forwarded to the Enrollment Center.
Certified Administrative Professional (CAP) Examination
Individuals who have passed the Certified Administrative Professional (CAP) exam administered by the Certification Department of the International Association of Administrative Professionals (IAAP) may be awarded 30 units of course work toward the Associate in Arts Degree at Golden West College. The 30 course credits (with units earned and a credit grade) awarded to Certified Administrative Professional certificate holders will be recorded on the student’s transcript upon completion of the remaining Associate in Arts degree requirements at Golden West College and/or upon completion of the 12-unit residency requirement. Students must meet with a counselor to complete the application of eligibility form. More information is available at www.iaap-hq.org.
Professional Legal Secretary Exam
Individuals who have passed the Professional Legal Secretary (PLS) exam administered through the National Association of Legal Secretaries (NALS) may be awarded up to 30 units of course work toward the Associate in Arts Degree at Golden West College. The 30 course credits (with units earned and a credit grade) awarded to Certified Professional Legal Secretary certificate holders will be recorded on the student’s transcript upon completion of the remaining Associate in Arts degree requirements at Golden West College and/or upon completion of the 12-unit residency requirement. Students must meet with a counselor to complete the application of eligibility form. More information is available at www.nals.org.
Licensure Credit for Vocational Nurses
Twenty units may be awarded for holders of valid California Vocational Nursing Licenses. Credits are posted to transcripts upon completion of all other graduation requirements. Students must provide a copy of their current California license upon application to the program in order to be eligible for this credit.
Special Topics are specialized studies or projects that are especially designed by instructors and students to enrich the learning experience. The decision to offer a Special Topic is at the discretion of each instructor and the Division Dean. In order to be eligible for a Special Topic, a student must have previously completed two courses in the same discipline with a minimum grade of “B” in each course at Golden West College. Students may request petitions in the Enrollment Center. By arrangement with an instructor and with the approval of the Division Dean, students may study special topics in any discipline in the curriculum. Credits may be earned in: Special Topics G099, non-transfer level, or Special Topics G299, transfer level. The deadline for registration in Special Topics courses is Friday of the sixth week of instruction of the semester; the completed petition form must be filed in the Enrollment Center by that date. Special Topics are listed on the transcript by title and discipline, e.g., Special Topics G299 History.
For courses listed in this catalog, a student may prefer to take the course through Individualized Study because of special circumstances. This privilege is available only to students who have completed 12 units of course work at Golden West College with a GPA of 2.0 in all units attempted. Students may request a petition in the Enrollment Center. This petition must be approved by the instructor who will supervise the individualized study, as well as by the Division Dean. Individualized Study petitions must be filed in the Enrollment Center during the first six weeks of the semester.
Advanced Placement Credit (AP) Students may earn credit for the College Entrance Examination Board (CEEB) Advanced Placement (AP) Tests with scores of 3, 4, or 5. AP credit can be used to meet IGETC, CSU/ GE and A.A. general education (GE) and/or major requirements. [Local/ Non-transfer Degree Exceptions to the minimum AP score are the Physics G120 and Physics G125 courses (AP Physics 1 and 2) which require a score of 5 for GWC unit and subject credit. Also, students who score 5 in Calculus BC can earn 10 units and subject credit for Math 180 + 185]. Students must have the College Board send AP exam results to the Enrollment Center (hand carried copies will not be accepted) for use on the A.A. or GE patterns. Course credit and units granted at Golden West College may differ from course credit and units granted by a transfer institution. See a GWC counselor for more information.
International Baccalaureate (IB)
Students can earn GWC credit for International Baccalaureate examinations with a minimum score of 5. Exam results can be used to satisfy CSU General Education Breadth and IGETC requirements but may require a score of 4 in some of the areas.
Technical Advanced Placement (TAP) Articulation
The TAP Program offers High School/ ROP students an opportunity to transition from secondary education to community college in a seamless process. Many Career and Technical Education (CTE) courses taken during High School, offered by the High School or ROP may be eligible for course articulation. If a course has been articulated, there is an agreement in place between the High School/ROP and Community College stating that the student will receive credit for the course if they meet the requirements specified below. This allows students to avoid repeating articulated CTE courses which were already successfully completed. Requirements for earning TAP Credit
- Complete an articulated High School or ROP CTE class with a grade of “B” or better.
- Bring the official High School/ROP transcript to a GWC counselor who will sign the TAP petition form (obtained by the counselor).
- Submit completed forms to Enrollment Center: a. TAP (Technical Advanced Placement) Petition for credit, signed by counselor b. Official High School/ROP transcript c. Department Portfolio Approval (if required)
- If all requirements are met, college credit will be granted in lieu of applicable CTE courses on the student’s GWC transcript at the end of the semester in which the student submits the completed form.
More information including a list of articulated classes is available at www.ctetoolbox.com
College Level Examination Program (CLEP) College Level Examination Program (CLEP) Chart [PDF]
International Baccalaureate (IB) International Baccalaureate (IB) Chart [PDF]
Advanced Placement Examination (AP) Advanced Placement Examination (AP) Chart [PDF]
REPETITION POLICY – COURSES
In accordance with Title 5, sections 55024, 55040-55045 only courses which fall into the following categories may be repeated. Enrollment in two sections of the same course in the same term or part of term is not permitted.
It is possible to repeat a class only in certain circumstances as follows:
- In the course description in the catalog, the class is identified as eligible for repetition; or
- The class is eligible for grade remediation by repetition.
Students are limited to three (3) total enrollments for most credit courses. Students will not be allowed to repeat a course more than three times without documented evidence of extenuating circumstances. ‘W’ grades are counted as enrollments.
- Special classes which meet the needs of students with a documented disability may be repeated in compliance with Title 5, Section 56029, of the Education Code.
Reasons to Repeat a Class
A. Repeating a course in an effort to alleviate a substandard grade; Students who receive substandard grades (“D,” “F,” “NP” or “NC”) and/or one or more Withdrawals (“W”) on the transcript may attempt to successfully complete the course up to a total of two additional times within the Coast Community College District, if necessary to alleviate the substandard grade or successfully complete the course. After the third attempt to receive a passing grade in a course, the student may complete the Petition to Repeat form and submit to the Enrollment Center for one additional attempt. Appeal forms are available in the Enrollment Center. Students who are approved to take a specific course for the fourth time do not receive registration priority for that course and must wait until the first week of the semester or term to register. Petitions are only considered for documented extenuating circumstances. Students who withdraw and receive a “W” on each of the three allowable attempts, and are given permission to enroll by petition, will not be able to withdraw from the course again, and an evaluative grade symbol will be recorded. NO FURTHER ATTEMPTS WILL BE PERMITTED. If the substandard grade is repeated within the Coast Community College District, the Repeat/Delete grade exclusion will be automatically performed on the student’s academic transcript. The grades in the latest term will be the grade which will be used to calculate grade point average regardless of which grade was higher. Although the previous grade(s) will not be counted in the grade point average, they will remain visible on the transcript and the last recorded attempt is the course which will be counted in the student’s permanent academic history. When a student repeats an equivalent course at a regionally accredited college outside the Coast Community College District, they must file a Repeat/Delete Request and submit it to the Enrollment Center along with an official transcript from the other college showing successful completion of the course.
B. Repeating a course due to a significant lapse of time, where a passing grade (CR or P) or C or better was previously earned. A significant lapse of time is defined as at least five years. All coursework shall remain on the student’s permanent record. The previous grade and credit will be disregarded in computing the GPA. Course repetition based on significant lapse of time may only occur once. (Documentation must be submitted.)
C. You have extenuating circumstances – verified cases of accidents, illness, or other life changing event beyond the control of the student that prevented you from doing well in the course (must submit documentation).
D. The course you wish to repeat is part of a legally mandated training as a condition of continued or volunteer employment. Regardless of whether or not a substandard grade (D, F, NC, or NP) was previously earned, the grade and unit credit shall be included each time for the purpose of calculating the GPA. (Documentation must be attached to certify that course repetition is necessary to complete legally mandated training).
E. Repeating a course previously taken at another college. Substandard or non-substandard grades earned at another institution will not be alleviated by repeating a course at Golden West College. The grade and unit credit earned will be calculated and averaged in GPA. Note: Some transfer institutions may elect to include both courses or may choose to use only the first grade taken in their computation of the grade point average to establish entrance requirements.
IMPORTANT: The Course Repetition Policy and the Repeatability of Courses Regulations mentioned above are subject to change at any time during the academic year as new Legislative Bills may be introduced by State Legislation requiring changes to these policies and regulations. The District and College reserve the right to add, amend, or repeal any of the rules, regulations, policies, and procedures as necessary.
REPETITION OF ACTIVITIES COURSES—FAMILIES OF COURSES
New regulations governing the repetition of credit courses in the California Community College system effective FALL 2013 have eliminated repeatability in Dance, Drama, Physical Education, Visual Arts, and most Music courses. Intercollegiate Athletics and some Music courses that are required for transfer programs will be the only courses that will remain repeatable; all other courses previously offered as repeatable will be offered as one time enrollment courses. While students will not, in most cases, be allowed to repeat active participatory courses in Dance, Drama, Music, Physical Education, and Visual Arts, they will still be allowed to enroll in a series of active participatory courses that are related in content (commonly referred to as a family of courses) a maximum of four times. This is a state regulation and applies to all Dance, Drama, Music, Physical Education and Visual Arts activity classes in the District. For example, all Ballet courses are part of the “Ballet Family.” Repeatable courses that are related in content and taken prior to FALL 2013 will count toward the four enrollment limitation. Therefore, the “Ballet Family” includes Dance G120 Ballet 1-Beginning, Dance G 155 Ballet 2-Intermediate and Dance G220 Ballet 3-Advanced. A student who previously enrolled in Dance G120 twice can only take two more courses in the family; a student who previously enrolled in Dance G120 four times may not take any additional courses in the family. A family of courses may include more than four courses, but students are limited to a maximum of four courses in any family, in the District. Further, all grades, including “W”s, will count toward the four course enrollment limitation and for computing the grade point average (GPA). Students can repeat Art, Dance, Drama, Music, and PE courses that are included in Families of Courses in which a “NP”, “D”, “F” grade was earned or “W” was assigned; however, all enrollments count toward the four enrollment maximum for each family of courses.
COURSE NUMBERING SYSTEM
Each course bearing unit credit may be used in one or more of the following ways:
- As a measure of developing basic academic skills.
- As a requisite to the Associate in Arts degree, or
- As applicable either to the Associate in Arts degree or to an occupational certificate program, or
- As a lower division course transferable to a four-year college or university.
Courses at Golden West College are numbered according to their basic purposes. However, categories listed below are general in nature, and the student is cautioned not to assume either that a course is better merely because its number falls into a particular group, or that its usefulness is limited to only one purpose. Courses numbered 001-099 were created to help students develop occupational skills, to give students what they need to know for employment, to provide basic skills, as well as to provide meaningful general electives courses in two-year Associate in Arts degree programs. Note: Interested students should consult a counselor to determine which occupational majors are offered for bachelor’s degrees at local four-year colleges. Courses numbered 100-299 transfer to the state university and college system; 100-199 are usually first-year courses and 200-299 are usually second-year courses. Contact the Counseling Center for courses that transfer to the University of California and selected private institutions. The primary purpose of courses numbered 900 and above is to provide knowledge and skills in selected areas of students’ needs and interests. Such courses are not designed to meet majors requirements for Associate in Arts degrees or to qualify for transfer as part of a baccalaureate degree program.
AUDITING OF COURSES
Golden West College does not offer students the option to audit a course except when in the opinion of the College President or his/her designee a student may be adversely affected due to circumstances beyond the student’s control. Any student granted permission to audit a course cannot enroll until the 3rd week of class and will not be allowed to later change his/ her enrollment status in that course to receive credit for the course. Priority in class enrollment shall be given to students desiring to take the course for credit. Students who are given permission to audit will be expected to participate in class activities. The cost to audit a course is $15 per unit in addition to other required college fees. This fee is subject to change.
HIGH SCHOOL DIPLOMA
Golden West College does not award a high school diploma. In consultation with a local high school district, students may be able to take class work at Golden West College to count toward their high school diploma. For more information, students should contact the office of the high school district in which they live. Huntington Beach Adult Education Division (714) 842-4227 17231 Gothard Huntington Beach, CA 92647 Garden Grove – Unified School District Adult Education (714) 663-6291 11262 Garden Grove Blvd. Garden Grove, CA 92843 Note: Some transfer institutions may elect to include both courses in their computation of the grade point average to establish entrance requirements.
SERVICEMEN’S OPPORTUNITY COLLEGE
Golden West College is designated as a Servicemen’s Opportunity College. This designation means the college provides servicemen and women with: open admissions; credit awarded for USAFI courses and CLEP; opportunities to request waiver of residency requirements for graduation; credit for service schools; and opportunity to complete courses through non-traditional means.
Active Records: Most requests for changes to a student’s current class program or information can be done online by logging in to MyGWC or in the Enrollment Center. Included are “adds” to program, “withdrawal from class,” “fee payments”, “address changes”, and “grade option requests.” Grade option requests can be done online prior to the start date of the class. Once the class begins, grade option requests must be done in person prior to the filing deadline. Name changes must be done in person in the Enrollment Center. If changing a name, official documentation must be presented at the time of the request. Transcripts: Transcripts of academic work taken at Golden West College are available upon official request. Students make their requests online through Credentials, Inc. on the GWC website, www.goldenwestcollege.edu. Two transcripts and/or enrollment verifications will be provided free of charge. For each additional transcript, there will be a charge of $5. Students may request “rush” (next day) services for an additional $5 per transcript or verification. Fees are subject to change. In accordance with Education Code provision 76225 and Coast District Board Policy, BP 5035, transcripts will be withheld from students and former students who have outstanding financial or materials obligations to the College and/or District or who have unresolved matters related to student discipline. Credentials Solutions has been retained as the designated agent for processing and sending official electronic transcripts on behalf of Golden West College. The electronic transcript that is produced using this service contains the identical information as the printed transcript and can be certified as unaltered by uploading the file to the company’s website that is provided during the delivery process. Credentials Solutions has been granted the authority to deliver all such electronic transcript requests on behalf of Golden West College and respond to any inquiries regarding transcript transactions. Cumulative Folders: The Enrollment Center maintains an electronic cumulative file on each student who has records sent to the College. The file, containing copies of high school and college transcripts, and other relevant academic information, such as records of military service and other awarded credit, is available to the student. These files are the property of the college. Verifications: The Enrollment Center will provide information regarding a student’s record upon written request by the student. There is a $5 charge. Two verifications and/or transcripts will be provided free of charge. This fee is subject to change. Golden West College also utilizes the National Student Clearinghouse for reporting of enrollment status. Enrollment status is reported automatically several times during the semester or session. Note: Current students (those with an active MyGWC account) can obtain an “Enrollment Verification Certification” by logging into their MyGWC and clicking on “Verify Enrollment.” There is no charge for this service. Student Picture Identification: Students may be required to furnish picture identification in order to participate in certain classes and activities. All students are expected to have a Golden West College Photo I.D. Card. Free Photo I.D. cards are issued in the Enrollment Center during the student’s first semester and validated each semester thereafter after verification of enrollment and payment. Students are only allowed one replacement during their studies at Golden West College.
ASSOCIATE DEGREE PETITION
Golden West College awards the Associate Degree to students who have met all the requirements for graduation. GWC offers the Associate in Arts, as well as associate degrees for transfer to the CSU. These may include Associate in Arts (AA-T) or Associate in Science (AS-T) degrees. These degrees are designed to provide a clear pathway to a CSU major and baccalaureate degree. California Community College students who are awarded an AA-T or AS-T degree are guaranteed admission with junior standing somewhere in the CSU system and given priority admission consideration to their local CSU campus or to a program that is deemed similar to their community college major. Check with your counselor to determine which degree you should complete. The Associate Degree is not automatically awarded. A petition must be filed in the Enrollment Center at the beginning of the semester in which the student completes the final requirements. Please note, the guaranteed filing deadline for AA-T and AS-T’s for the fall and spring semester is typically the 15th day of the month in which the filing period opens. Check with the Transfer Center or the Graduation Technician for specific deadlines. Petitioning periods for the Associate Degree are: Summer – July 1 through August 1 Fall – September 1 through November 1 Spring – February 1 through April 1
CERTIFICATE AWARDS PETITION
Golden West College offers two types of certificate awards in career programs designed to prepare the graduate to enter a particular field of employment.
- Certificate of Achievement: Requires 12 or more units in a state approved program. Certificates of Achievement are not automatically awarded. A petition must be filed in the Enrollment Center at the beginning of the semester in which the student will be completing his or her final requirements. Petitioning periods are listed below.
- Certificate of Specialization: Approved programs of less than 18 units. Certificates of Specialization are not awarded automatically. A petition must be filed in the Enrollment Center at the beginning of the semester in which the student will be completing his or her final requirements. Petitioning periods are listed below. Certificates of Specialization are not printed on official academic transcripts.
Petitioning periods for the Certificate Awards are: Summer – July 1 through August 1 Fall – September 1 through November 1 Spring – February 1 through April 1 A list of career programs and requirements can be found in the Degrees and Program Section of this catalog. Check with a counselor to determine the requirements for completion.
STUDENT CODE OF CONDUCT – AP 5500
http://www.cccd.edu/boardoftrustees/ BoardPolicies/Documents/Student_ Services/AP_5500_Student_Code_of_ Conduct.pdf References: Education Code Sections 66300, 66301, 66302, 72122, and 76030- 76038; ACCJC Accreditation Standard I.C.8
This Administrative Procedure (AP 5500) is intended to effectively implement Board Policy 5500 “Student Code of Conduct,” and as such, this Administrative Procedure shall constitute the Student Code of Conduct for all District Students. This Student Code of Conduct provides District Students with prior notice of behavior deemed unacceptable by the District’s Board of Trustees. This Student Code of Conduct includes a defined process for the fair and impartial review and determination of alleged improper Student behavior. This Student Code of Conduct also specifies the various sanctions that may be imposed on District Students for violations of this Student Code of Conduct. Students are expected to be familiar with the terms of the Coast Community College District’s published Board Policy BP 5500 and this Administrative Procedure 5500 Student Code of Conduct. This Student Code of Conduct provides for the orderly administration of the Student Code of Conduct consistent with the principles of due process of law. Reasonable deviations from the Student Code of Conduct will not invalidate a decision or proceeding.
1.2 THE USE OF “WILL” AND “SHALL”
In this Student Code of Conduct, and throughout the District’s Board Policies and Administrative Procedures, the use of the terms “will” and “shall” are used in the mandatory sense.
1.3 NOTICE – PROCESS FOR NOTIFICATION
Coast Community College District’s primary correspondence and notification mechanism with Students shall be through the Student’s District assigned email account. At the District’s discretion, Students may be notified via U.S. mail, delivery in person, or by an alternate email on record from the Student. Coast Community College District reserves the right to notify parents/legal guardians/emergency contacts when it determines that any Student, regardless of age, is in a situation that is threatening to their own health and safety, or that Student has placed another person in a situation that is threatening to their health and safety.
Pursuant to Board Policy 5500, the District’s jurisdiction concerning alleged Student Code of Conduct violations extends to the District, its colleges, and for all activities occurring on District property. This jurisdiction includes, but is not limited to, its main and satellite campuses, and to any non-District property used by the District or its colleges where District Students are present. This jurisdiction shall also apply to Student-to-Student or Student-to-employee off-campus conduct and/or actions, and electronic activity (such as email, texting, telephone contact, social media), when the College Disciplinary Officer, or designee, determines that the off-campus conduct affects, disrupts, or interferes with the educational mission of the college.
1.5 ANTI-DISCRIMINATION STATEMENT
The Coast Community College District does not unlawfully discriminate based upon age, race, ethnicity, sexual orientation or preference, gender, national origin, veteran’s status, gender identification, or genetic information in administering District educational policies and procedures. The District complies with the American Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. See Board Policy 3410 Nondiscrimination.
1.6 PARALLEL STUDENT CONDUCT PROCEEDINGS
Student Conduct Code proceedings are administrative in nature, and are independent from court or other administrative proceedings. Discipline may be instituted against a Student also charged in civil or criminal courts based on the same facts that constitutes the alleged violation of the Student Code of Conduct. The District may elect to proceed before, concurrently with, or after any judicial or other administrative proceedings.
1.7 PARALLEL TITLE IX INVESTIGATION PROCEEDINGS
The District’s Title IX Policy and Procedure, BP/AP 5910 Gender-Based Discrimination/Sexual Misconduct, addressing the investigation of allegations of sexual misconduct incorporate the sanctions and general procedures set forth in this Student Code of Conduct, but are not restricted by this Procedure. Title IX investigations and processes are independent from court or other administrative proceedings. Student discipline may be instituted against a Student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of Title IX or other law applicable to sexual misconduct. The District may elect to proceed before, concurrently with, or after any judicial or other proceedings.
SECTION II – STUDENT RIGHTS & RESPONSIBILITIES
2.1 DUE PROCESS
Students are entitled to a fundamentally fair process, including reasonable notice of allegations of violations of the Student Code of Conduct, the opportunity for the Student to be heard and to afford the Student the opportunity to present evidence prior to the administrative determination of the alleged violations. The District reserves the right to make immediate interim suspensions or restrictions when such actions are deemed necessary by the College Disciplinary Officer or designee pending an investigation and determination of the matter. Any sanction(s) imposed under the Student Code of Conduct shall be appropriate to the nature of the violation(s).
2.2 STUDENT RIGHTS
- To be treated with respect by District officials
- To take advantage of campus support resources, such as Counseling, Special Services, Health Services, and other available resources
- To experience a safe educational environment
- To not be subjected to retaliation for reporting violations
- To have complaints heard in substantial accordance with established procedures
- To fully participate in any process whether the injured individual is serving as the Complainant or the institution is serving as Complainant
- Complainant and Respondent shall be informed in writing of the outcome/resolution, any sanctions imposed, and the rationale for the outcome, to the extent permissible under applicable law and Board Policies
2.3 SPECIAL REQUESTS/ ACCOMMODATIONS – STUDENTS WITH DISABILITIES
Any special requests and/or accommodations by any Party (for example, sign language, the use of assistive technology, service animals, and other accommodations approved by the Office of Special Services/ Disabilities) require approval by the College Disciplinary Officer or designee and such requests must be made at least five (5) days prior to the hearing. Special requests and accommodations shall also be applicable to Appeal Hearings as set forth in Section 4.2 of this Student Code of Conduct.
2.4 ROLE OF LEGAL COUNSEL
An attorney licensed to practice in California may accompany the Student to the hearing. The attorney’s role is to provide counsel to the Student without disruption to the hearing process. The attorney may not make any statements or presentations to the College Disciplinary Officer, Hearing Panel, or Appeal Committee, examine or cross-examine any witnesses, or present evidence or any written material to the College Disciplinary Officer or Hearing Panel or Appeal Committee set forth in Section 4.4. The attorney may not, in any way, disrupt or interfere with the hearing process. Any violation of this section shall result in the removal of the attorney. The attorney shall provide the College Disciplinary Officer with a retention letter confirming that he/she has been retained by the Student at least seven (7) days before the hearing so that the necessary arrangements can be made for a District attorney to be present at the hearing. The attorney’s retention letter shall include the attorney’s State Bar number and a telephone number. The requirements of this section shall also be applicable to Appeal Hearings as set forth in Section 4.2 of this Student Code of Conduct.
2.5 STUDENT RIGHT TO REVIEW RECORDS
Students seeking to review or obtain copies of records relating to their investigation or to the outcome should refer to Coast Community College District Board Policy 5040 Student Records Directory Information and Privacy.
2.6 RECORDING AND PRESENTING WITNESSES
Audio/Video Recordings – No audio, video, or other recording of any investigation, interview, meeting, or hearing is permitted. Witness Rules and Limitations – only witnesses presenting relevant testimony or information directly related to the alleged violations are permitted. Witness statements relating to the alleged violations may be accepted by the College Disciplinary Officer at their sole discretion, if such statements are deemed to be material and relevant to the proceeding. Character witnesses are not permitted to testify or offer writings in support of any Party in any Student discipline proceeding. The College Disciplinary Officer shall be responsible to schedule witnesses for all meetings other than the appeal hearing, subject to the Student notifying the college no less than five (5) days prior to the proceeding. The College Disciplinary Officer reserves the right to exclude redundant testimony from witnesses, or redundancy in witnesses.
Any information provided to District employees may be shared with other District employees, law enforcement, or other parties, consistent with law, and only on a “need to know” basis. District employees shall endeavor to honor any Complainant or victim’s request for confidentiality; however, confidentiality cannot always be assured. The District may weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the District Community. Investigative or hearing proceedings are considered private and confidential so as to protect the Parties involved. Hearings or meetings shall not be conducted in public, and are not open to the public. The Parties involved are expected to maintain the privacy of the proceedings.
SECTION III – STUDENT DISCIPLINE PROCESS
3.1 COMPLAINT FILED/ INCIDENT REPORTED
Coast Community College District, through its College Disciplinary Officers, will investigate all reports of alleged violations of the Student Code of Conduct. Anyone who believes a section of this Code of Conduct has been violated should contact the College Disciplinary Officer identified at each District campus. Reports of allegations are entered into a District-wide system where it is assigned to the appropriate College Officer.
3.2 NOTICE TO STUDENT
In all cases, the College Disciplinary Officer, or designee, will provide notice to the Parties, providing them with the following information, pursuant to Section 1.3:
- A description of the alleged violation(s)
- A description of the applicable policies
- A statement of the potential sanctions/responsive actions that could result
- A required date and time, for the Student to contact the College Disciplinary Officer within seven (7) days from receipt of the communication to schedule a hearing/meeting, superseding all other campus and work activities. The Student’s failure to contact the College Disciplinary Officer within this seven (7) day period shall constitute the Student’s waiver of their ability to provide a response to the alleged violation(s), and the proceeding shall take place as if the Student has not responded.
3.3 INTERIM ACTIONS
Interim actions are those temporary sanctions deemed necessary by the College Disciplinary Officer to protect the safety and security of the District Community pending investigation into the alleged violations of this Student Code of Conduct. The College Disciplinary Officer may take any interim actions deemed necessary to:
- Protect the District Community from potential threats to health and safety;
- Protect any particular member of the community;
- Protect against the risk of a substantial disruption to the normal operations of the campus.
The College Disciplinary Officer or designee will inform the Respondent involved of any interim action/ restrictions implemented against them pending investigation. Interim Action/Restrictions are effective immediately. There shall be no request to delay the imposition of interim actions. These actions may include: a) Interim Suspension – A Student who is suspended on an interim basis is subject to all of the same restrictions as if he/she had been suspended as a final sanction. The College Disciplinary Officer, or designee, may impose an interim restriction of up to 10 days following notice from the College Disciplinary Officer. b) Interim Restriction – These restrictions may include, but are not limited to:
- Restricted access to District facilities;
- District events;
- No-contact orders with specific individuals or any other restrictions deemed by the College Disciplinary Officer or designee to be necessary to achieve the goals stated above.
The College Disciplinary Officer, or designee, may impose an interim restriction of up to 14 days following notice from the College Disciplinary Officer.
Interim Suspensions and Request to Stay
Upon notice of an Interim Suspension by the College Disciplinary Officer, Title IX Coordinator, or designee, the Student has 3 calendar days (from the date of the notice) to submit reason(s) for a Request to Stay to the Vice President of Student Services, or their designee. The Vice President of Student Services or their designee will render a decision on providing a stay, with or without modifications to the Student’s request. The Vice President of Student Services or their designee will provide the Student with a decision within one (1) business day of the received Request to Stay. The Interim Suspension remains in effect until a decision from the Vice President of Student Services or designee is rendered.
3.4 INVESTIGATION PROCESS
Disciplinary meetings are not intended to be adversarial in nature. Student shall not have the right to cross examine any other Party or witness during the initial hearing. The investigator will conduct interviews to determine the accuracy of statements or other evidence for the College Disciplinary Officer to consider. The College Disciplinary Officer may also act in the role of investigator for minor or routine discipline issues. All Title IX investigations shall have an assigned investigator(s) to assist the College Disciplinary Officer. The College Disciplinary Officer’s primary communication to all Parties involved in the investigation shall be through District assigned email addresses, with supplemental forms of communication used as needed. The College Discipline Officer or designee will investigate each complaint submitted to determine whether it is appropriate to charge a Student with a violation of the Student Conduct Code. Investigations should generally result in resolution within 60 calendar days after a complaint has been made, barring unexpected delays. If circumstances warrant, the College Disciplinary Officer will provide notice to the Student(s) of any delays or extensions necessary to complete any investigation. Investigations may comprise of an interview with the reporting Party, person(s) alleged to have violated the policy(s), witnesses, and other persons having knowledge. The College Disciplinary Officer shall make reasonable efforts to give the Student(s) an opportunity to rebut the accusation or otherwise provide relevant information to the College Disciplinary Officer or designee regarding the incident(s) which led to the belief by the College Disciplinary Officer or designee that the Student violated the Student Code of Conduct in a hearing format. Should a Student fail to appear for any meeting, that Student may be considered as having waived his/her right to be present for the meeting and the investigation may proceed without the Student’s input.
3.5 FINDINGS AND DETERMINATION
Hearings/meetings for possible violations that occur near or after the academic terms will be held as soon as is practicable, to try to meet the resolution timeline followed by the District. The College Disciplinary Officer has the discretion to elect any of the following methods for resolution:
- Informal Administrative Resolution – The Respondent admits to the allegations, and accepts the recommended sanctions of the College Disciplinary Officer or designee.
- Formal Finding by the College Disciplinary Officer – The College Disciplinary Officer, after completing an investigation, which includes an opportunity for the Respondent’s due process, makes a finding and, if appropriate, issues sanctions.
- Formal Finding with Hearing Panel – The College Disciplinary Officer may elect, at his/her sole discretion, to refer the findings from his/her investigation, which includes the Respondent’s due process, to a Hearing Panel for recommendation. The Hearing Panel is a panel convened to weigh the evidence presented following an investigation into alleged violations of the Student Code of Conduct. The Hearing Panel shall be formed pursuant to Section 4.4 herein.
- Dispute Resolution/Mediation – for alleged offenses determined to be minor in nature by the College Disciplinary Officer, a voluntary alternative to the formal investigation and hearing process, as mutually agreed upon by the College Disciplinary Officer, Complainant, and Respondent. The College Disciplinary Office will select a mediator to assist the Complainant and Respondent in attempting to resolve the allegation(s). The mediator can be the College Disciplinary Officer, or any other employee of the District as designated by the College Disciplinary Officer. The College Disciplinary Officer may also utilize the services of an external mediator.
3.6 TYPES OF FINDINGS AFTER INVESTIGATION
Not Responsible – In these cases, College Disciplinary Officer or designee has determined that insufficient evidence exists, by the Preponderance of Evidence standard, for a finding of Responsible for the alleged violation(s). The case is closed and a record is retained. Responsible – The College Disciplinary Officer or designee determines that sufficient evidence exists, by the Preponderance of Evidence standard, for a finding that the Respondent is Responsible for the alleged violation(s). This determination may also be rendered through the Informal Administrative Resolution, where the Respondent has admitted culpability for the alleged violation(s). The College Disciplinary Officer may close the case. After investigation, meetings, and/or hearing, and considering all information relevant to the issue, the College Disciplinary Officer, Chair and her/his Panel shall then decide whether or not to impose sanctions. The College Disciplinary Officer will notify the Student charged with violations of the decision of the College Disciplinary Officer or Discipline Panel, and of any sanctions imposed. Such Notice shall be in writing from the College Disciplinary Officer, and communicated to the Student pursuant the notice requirements set forth in Section 1.3.
3.7 IMPOSING SANCTIONS
If a Student is found Responsible, sanctions will be imposed by the College Disciplinary Officer, as he/she deems reasonable and appropriate, pursuant to the available sanctions set forth in Appendix C. The Respondent may elect to appeal the findings and sanctions subject to the limitations for grounds for appeal set forth herein.
3.8 STANDARD OF PROOF FOR FINDINGS
In all cases involving alleged violations of the Student Code of Conduct, the standard of proof for determining whether a Respondent is Not Responsible or Responsible is the Preponderance of Evidence standard (e.g., more likely than not), as defined in Appendix A herein.
SECTION IV – APPEAL PROCESS AND GROUNDS FOR APPEAL
An appeal is not intended to be a full re-hearing of the allegation(s) and reweighing of the evidence. There is a presumption that the College Disciplinary Officer has weighed all information following investigation, and has reached the appropriate determination regarding the finding of Responsibility or Non-Responsibility. Students may appeal determinations or appealable sanctions based only upon any of the following grounds for appeal:
- Excessive sanctions in relation to the violation(s) the Respondent was found Responsible for committing
- Unlawful discrimination by the College Disciplinary Officer in making a determination of Responsibility
- A substantive procedural error which materially and significantly affected the weighing of evidence by the College Disciplinary Officer
A request for appeal must be submitted in writing and must contain detailed information supporting the grounds for appeal. The Student must specifically identify which of the above bulleted grounds their appeal is based on. Student failure to specify the basis for appeal with detailed information shall constitute the dismissal of the Appeal without further proceedings. The Student shall provide notice of intent to appeal by email, U.S. Mail, or by personal delivery of correspondence to the College Disciplinary Officer’s office within seven days of notification of outcome of the finding and sanction. Any request for appeal that is not received within seven (7) days of notification of the outcome of a determination shall be deemed untimely and shall constitute a waiver of the Student’s right to an appeal. In all cases, the College Disciplinary Officer, or designee, will send a notice, pursuant to Section 1.3, to the Parties with the following information:
- A description of the violation(s), a description of the provisions of the Student Code of Conduct determined to have been violated, and a statement of the sanctions/ responsive actions.
- A required date, time, and location of the hearing, superseding in priority all other campus and work activities. If a Party does not appear at the scheduled hearing, the hearing will be held in his/her absence. For compelling reasons, the College Disciplinary Officer, or designee, may reschedule the hearing; proof may be asked by the College Disciplinary Officer. Appeal hearings that occur near or after the academic terms will be held as soon as practicable to meet the resolution timeline generally followed by the District. If deemed appropriate by the College Disciplinary Officer, or designee, interim actions/ restrictions and other stipulations that ensure the safety and/or well-being of the campus community will be administered or maintained.
- The College Disciplinary Officer, or designee, shall use reasonable efforts to schedule the appeal hearing promptly, generally no sooner than 10 days after, and not later than 30 days after, the date of the submitted written request for appeal.
However, the scheduling of an appeal hearing may be delayed due to events beyond the College Disciplinary Officer’s control. In such circumstances, the College Disciplinary Officer shall schedule the appeal hearing as promptly as is reasonably possible. The notice of hearing may be amended by the College Disciplinary Officer at any time, and the College Disciplinary Officer, or designee, may (but is not required to) postpone the appeal hearing for a reasonable period of time.
4.1 ROLE OF ADVISORS AND LEGAL COUNSEL DURING APPEAL
Student conduct proceedings are not formal court proceedings, but instead, are administrative proceedings conducted by the District. Although District-related sanctions may be imposed, the process is intended to provide an opportunity for learning, and to promote a safe educational environment. If the Student is a dependent minor, he/she must have a parent or legal guardian accompany him/her to the hearing. The Student must provide the College Disciplinary Officer with the full legal name, address and telephone number of his/her parent or legal guardian who will accompany him/her to the hearing. If the Student wishes to have an advisor accompany him/her to the hearing, the Student must provide the College Disciplinary Office with the name of the individual he/she has chosen to act as his/her appeal advisor no less than five (5) days prior to the appeal hearing. Advisors must maintain confidentiality and will not be permitted to participate or respond on behalf of the Student during the hearing. If the Student chooses to have his/ her attorney accompany him/her to the hearing, the name, address and telephone number of the Student’s attorney must be submitted to the College Disciplinary Officer no later than seven (7) days prior to the hearing. In addition, no later than seven (7) days prior to the hearing, the Student’s attorney must deliver a retention letter, including his/her State Bar number and telephone number, to the College Disciplinary Officer.
4.2 THE APPEAL HEARING
Appeal hearings are closed to all persons except:
- College Disciplinary Officer, or designee;
- The Student Discipline Appeal Committee;
- An attorney, retained by the District or a Student;
- A court-certified interpreter, paid for at the Student’s own expense
- Selected members of the Disciplinary Panel when their determination of findings is at issue; and
- Any person needed to assist the hearing officer
- In some cases, a campus safety officer may be present to ensure safety and security during the hearing
In cases where the Student is a dependent minor, unless the minor is a verified emancipated minor, the Student’s parent or legal guardian, must be present during the hearing.
4.3 STANDARD OF PROOF FOR AN APPEAL
In all cases involving appeal, the burden of proof is on the Student to establish, to the standard of Clear and Convincing Evidence (as defined herein), that the College Disciplinary Officer’s determination following investigation was erroneous due to any of the following: Excessive sanctions in relation to the violation(s) the Respondent was found Responsible for committing Unlawful discrimination by the College Disciplinary Officer during the determination of Responsibility A substantive procedural error which materially and significantly affected the weighing of evidence by the College Disciplinary Officer
4.4 APPEAL HEARING PROCEDURES
Evidence—The Appeal Hearing need not be conducted according to technical rules relating to evidence and witnesses. Only relevant and material evidence shall be presented to and considered by the Student Discipline Appeal Committee. Irrelevant, immaterial, and/or unduly repetitious evidence shall be excluded. No evidence other than that received and weighed at the initial determination of findings shall be considered by the Student Discipline Appeal Committee. This limitation on admissible evidence shall not exclude the Student from presenting relevant, material evidence excluded by the College Disciplinary Officer at the initial hearing. The determination of relevancy or the material nature of the Student’s offered evidence shall be made by the Student Discipline Appeal Committee.
- The Student Discipline Appeal Committee shall consist of: • A College Faculty Member (full-time or part-time) from within the District • A College Student from within the District • A Manager or Administrator from within the District
The Student Discipline Appeal Committee is formed through collaboration with the College Academic Senates, College Student Governments, and the Coast District Manager’s Association. The Appeal Committee members shall select a Chair of the Appeal Committee in advance of the appeal hearing.
- The Chair will call the hearing to order, explain the procedures of the hearing, and have all Parties introduce themselves. Should an advisor be present, they may not make a presentation or represent the Respondent or the Complainant during the hearing. The Parties to the hearing are expected to ask and respond to questions on their own behalf, without representation of their advisors. The advisor may not speak on behalf of the Student to the College Disciplinary Officer or to Student Discipline Appeal Committee hearing the case.
- The Chair will present the rules governing the hearing. The Chair shall guarantee control of the hearing, making certain that all participants respect the right of others to make statements, and to ensure confidentiality of such statements.
- The College Disciplinary Officer, and if applicable her/ his witness(es), shall have up to thirty minutes total, if necessary, to present relevant evidence to support the determination that violation(s) of the Student Code of Conduct has occurred.
- The Student charged may question any witnesses presented by the College Disciplinary Officer. Members of the Appeal Committee may also question any witness presented by the College Disciplinary Officer. Questioning by the Student or the Appeal Committee shall not be considered part of the time allotted for presentation of the College Disciplinary Officer’s evidence. Total witness questioning by the College Disciplinary Officer and the Student shall not exceed a total of thirty minutes of witness testimony for each side.
- The Student charged, and if applicable her/his witness(es), shall have up to thirty minutes in total time, if necessary, to present relevant evidence demonstrating the basis for why College Disciplinary Officer’s decision should be overturned. The College Disciplinary Officer may question any witnesses presented by the Student. Members of the Appeal Committee may also question witnesses. Questioning by the Student Appeal Committee shall not be considered part of the time allotted for presentation of the Student’s evidence. Witness(es) shall provide testimony only on an individual basis, outside of the presence of other witness(es). It is within the discretion of the Appeal Committee Chair to impose a timeline on questioning or to add additional time if warranted.
The College Disciplinary Officer, and then the Student appealing, may each make a closing statement to the Appeal Committee. These closing statements shall be limited to a maximum of three minutes each. The Appeal Committee Chair shall have the authority to extend the time limits if deemed necessary.
- 8. Once all information has been collected, the Chair, or designee, will: Reiterate the alleged policy violation(s);
- Remind all Parties and participants involved of the Standard of Proof (Clear and Convincing), as further defined in Appendix A;
- Remind all parties and participants of confidentiality and of all imposed sanctions that are active and must be adhered to;
- Remind all Parties and participants to review the Coast Community College District’s Student Code of Conduct (Board Policy 5500), Administrative Procedure (5500), and to understand their Student rights and responsibilities;
- Inform all Parties and participants of the deliberation process and the projected timeline for notification; and
- Remind the Student charged and the Complainant, if applicable, that notification and all communication will be via District email accounts.
Following the Appeal Committee Chair’s closing statements, all persons will be dismissed from the hearing except for the Committee Chair and her/his members of the Appeal Committee for deliberation.
4.5 FAILURE TO APPEAR
A Student who fails to appear before the Student Discipline Appeal Committee after having been notified of an appeal hearing is deemed to have waived his/her rights to participate in the appeal. The appeal hearing shall be terminated and the Student Discipline Appeal Committee shall be dismissed.
4.6 DELIBERATION AND DECISION
The Student Discipline Appeal Committee shall make its findings for the appeal hearing based on the Clear and Convincing Evidence standard, as further defined in Appendix A, which demonstrates whether or not the College Disciplinary Officer:
- Issued disproportionate or excessive sanctions in relation to the violation(s) the Respondent was found Responsible for committing
- Demonstrated unlawful discrimination during the determination of Responsibility, and/or
- Made a substantive procedural error which materially and significantly affected the weighing of evidence
Following presentation of evidence, the Student Discipline Appeal Committee shall privately consider the evidence and shall prepare a written report of its findings and deliver to the College Disciplinary Officer, which shall ordinarily be submitted within five working days of the date of the appeal hearing. This report shall include the following:
- A brief summary of the facts as found by the Student Discipline Appeal Committee, and a determination of evidence indicating whether the College Disciplinary Officer’s findings should or should not be overturned;
- A finding indicating the appropriateness of the disciplinary sanction imposed on the Student by the College Disciplinary Officer. This finding may state:
- A finding that the Student is Responsible and that the disciplinary action proposed is appropriate; or
- A finding that the determination of Responsibility be set aside due to the College Disciplinary Officer’s evidenced unlawful discrimination in the investigation;
- A finding that the Student is Responsible, but that the disciplinary action imposed by the College Disciplinary Officer was excessive to the violation, and as such, a recommendation be made for a lessened sanction;
- A finding that the College Disciplinary Officer committed a substantive procedural error during the investigation or finding which would unduly taint the legitimacy of the finding of Responsibility, resulting in the finding to be set aside.
The report of the Student Discipline Appeal Committee shall be sent by the Student Discipline Officer to the Respondent. If the Committee has made a finding evidencing unlawful discrimination, bias, or substantive procedural error, the Committee shall provide a copy of the report to the College Vice President of Student Services. The Student Discipline Office shall copy the Vice President of Student Services on written notification to the Student(s) involved. No finding by the Student Discipline Appeal Committee recommending the setting aside of a finding of Responsibility due to unlawful discrimination or procedural error by the College Disciplinary Officer shall act as a bar to a subsequent investigation by another College Disciplinary Officer from within the District of the underlying facts and evidence of the matter appealed and making a finding and determination of Responsibility.
4.8 RECOMMENDATION FOR EXPULSION
If, after investigation, the College Disciplinary Officer recommends expulsion to the College President, or if the College President independently seeks to have the Student expelled, the College President shall deliver a written recommendation for the Student’s expulsion to the Chancellor. A copy of the President’s recommendation shall be provided to the Student, or if the Student is a dependent minor to his/ her parent or guardian. The College President’s recommendation for expulsion shall contain a statement of the charges against the Student that provides the basis for his/her request that the Student be expelled, including a factual description of the conduct upon which the charges are based, and the action(s) taken by the College Disciplinary Officer.
4.10 REVIEW BY THE CHANCELLOR
The Student may appeal the College President’s recommendation for expulsion, but not for other sanctions, by submitting a letter of appeal via personal delivery, delivery by a professional process server, or by certified mail to the Chancellor’s office within ten days of his/her receipt of the College President’s recommendation for expulsion. Any letter of appeal must be signed for by the Chancellor’s Office. The letter of appeal to the Chancellor shall state the reasons why the Student should not be expelled and shall not exceed fifteen pages in length. The Student or his/ her parent or guardian does not have the right to meet personally with the Chancellor under this procedure.
- Chancellor’s Recommendation to the Board. If the Chancellor has decided to recommend the Student’s expulsion, he/she shall cause to be placed on a Board agenda for action, within a thirty days of notice of appeal, his/her recommendation that the Student be expelled. Minor deviations in the timeline for placement of the Chancellor’s recommendation on the Board agenda shall be permitted. The Chancellor shall notify the Student or the Student’s parent or guardian if the Student is a dependent minor of his/her decision to seek expulsion. The Chancellor’s notice shall be in writing, setting forth the Board meeting date, time, and location where the Board will consider the recommended expulsion.
- Appeal to the Board of Trustees. The Student may submit a Letter of Opposition to Expulsion to the Board of Trustees, through the Manager of the Board Office, via personal delivery, delivery by a professional process server, or by certified mail setting forth the Student’s basis for opposition to the recommended expulsion. The Student’s letter must be received no less than five days prior to the scheduled Board meeting date.
The Student’s Letter of Opposition shall not exceed ten pages in length, explaining to the Board why he/she should not be expelled. The Student may attach to his/her letter any documents he/she wishes the Board to consider.
- The Chancellor shall submit the following documents to the Board prior to the Board acting on his/her recommendation for expulsion: A copy of the correspondence provided to the Student informing the Student of the alleged violations of the Student Code of Conduct;
- A copy of the investigative findings of the College Disciplinary Officer, including any relevant evidence collected and assessed;
- A copy of the report, if any, of the Student Discipline Appeal Committee;
- A copy of the President’s recommendation for expulsion;
- A copy of any letters or documents submitted by the Student; and
- The Chancellor’s recommendation regarding expulsion of the Student.
- The Board shall consider the documents provided in closed session.
- The Board shall announce in open session any determination made in closed session concerning the recommended Students expulsion.
The Board’s Decision Regarding Expulsion
The Board’s decision shall be final and shall end the Student’s appeal process relating to expulsion.
Notification to College Disciplinary Officer
The Secretary to the District’s Board of Trustees shall notify the College Disciplinary Officer in writing of the Board’s decision regarding the Student’s expulsion and shall provide the College Disciplinary Officer with a copy of the meeting minutes evidencing the Board’s action.
Notification to Student
The College Disciplinary Officer shall notify the Student in writing of the Board’s decision regarding his/her status as a Student in the District.
4.11 RE-ADMISSION AFTER A SUSPENSION
The following procedures shall apply to a Student’s request for re-admission. A Student who has been suspended is eligible to apply for re-admission if: The term of the Student’s long term suspension will expire within 30 days; The Student has complied with all the terms and conditions of his/ her suspension; and During the course of the Student’s suspension, the Student has not engaged in any behavior or activity that would be cause for discipline under this Student Code of Conduct if the individual were a District Student
Procedure for Re-admission Following Long-Term Suspension
The Student seeking re-admission must make a written request for re-admission to the College Disciplinary Officer. The College Disciplinary Officer may request a meeting with the Student seeking re-admission to ascertain his/her eligibility for re-admission. Ordinarily, within thirty days of the date of his/her receipt of a written request for re-admission, the College Disciplinary Officer shall decide whether the request should be granted or denied. The College Disciplinary Officer shall notify the Student of his/her decision in writing and shall, in case of denial, include the reasons for such denial. A Student, whose application for re-admission has been denied, may not apply for re-admission for a period of two years after denial of his/her application.
APPENDIX A – ADMINISTRATIVE PROCEDURE DEFINITIONS
In addition to and in some cases as a supplement to the terms defined elsewhere in this procedure, the following defined terms shall have the meanings set forth in this section for purposes of this procedure.
- “Advisor” means a person, not serving as legal counsel, who at the Student’s request, accompanies the Student and provides him or her with emotional or other support at a hearing. The advisor will be expected to maintain confidentiality.
- “Attorney” means any person who is admitted to practice law in the State of California.
- “Board” means the Governing Board of the Coast Community College District.
- “Chancellor” means the Chancellor of the Coast Community College District, or his/her designee.
- “Clear and Convincing Evidence” means the burden of evidence that a Student must present establishing that it is highly probable that the disciplinary Officer’s determination process was flawed due to unlawful discrimination, significant and inappropriate bias from the hearing officer or Appeal Committee, demonstrated incompetence, or significantly disproportionate sanctions when compared to the offense.
- “College Activity” means any activity sponsored by the District including, but not limited to, courses, class, lectures, labs, field trips, club activities, Student Government activities, community education or similar activities, or any other Student sponsored activity.
- “College Disciplinary Officer” means the College Official(s) designated by the College President, or designee, to administer this policy.
- “Community” means Coast Community College District students, trustees, employees, agents, instructional associates, visitors, representatives, guests of the District and their families, and any persons conducting business with the District.
- “Complainant” means the person(s) reporting alleged violations of this Student Code of Conduct.
- “Day” means calendar day.
- “Designee” means a District Official appointed to fulfill responsibilities relating to this procedure.
- “District” means the Coast Community College District and each of its colleges.
- “District Community” means any employee, contractor, student, member of the public, or invitee present on District property, or on property being used by the District. For purposes of this definition, a Student is deemed a member of the District Community while enrolled in, or in the process of applying for, enrollment as a Student at any of the colleges within the District. A Student does not have to be physically located on District property for their behavior to be governed by this Student Code of Conduct.
- “District Official” means any person employed by the District as a Manager, Supervisor, or Officer.
- “District Property” means all real, personal and intellectual property owned, controlled, used, or occupied by the District, including property physically removed from any college, the District office, or any place that is the site of a District-approved function.
- “Finding” means an outcome determined by the College Disciplinary Officer or designee after completion of an investigation and a review of the facts collected during the investigation. Findings include “Responsible” or “Not Responsible”.
- “Hearing Panel” means a panel formed by the College Disciplinary Officer to make a determination and finding of whether a Student is Responsible or not for alleged violations of the Student Code of Conduct.
- “Instructor” means any faculty member employed by the District for instruction of curriculum or other programs.
- “Interpreter” means a sign language interpreter or translator present to assist the Student in understanding and communicating information at any hearing.
- “Investigation” means the process following a report of a violation of the Student Code of Conduct. The investigation includes a review of facts presented by the person reporting the violation, the Student accused of the violation, and any other applicable evidence presented to help the College Disciplinary Officer make a determination of “Responsible” or “Not Responsible”.
- “Mental Health Professional” means a California licensed clinical psychologist or California board-certified psychiatrist.
- “Not Responsible” means, based on the applicable evidence collected during the investigation, it is more likely than not that the Student did not commit a violation of the Student Code of Conduct.
- “Parties” means both the Complainant and the Respondent involved in the alleged violation of this Student Code of Conduct.
- “Party” means an individual, either the Complainant or the Respondent, involved in the alleged violation of this Student Code of Conduct.
- “Preponderance of the Evidence” for purposes of this Administrative Procedure, means the weight of the evidence presented by the District at the administrative hearing that has established that it is more likely than not that the Student is Responsible for the alleged violation of a provision within the District’s Student Code of Conduct. This weight of evidence standard applies to any informal or formal resolution hearing, other than for appeals.
- “Request to Stay” means a request, in writing, from a Student, seeking to have any interim action reconsidered or amended by the College Vice President of Student Services, or designee.
- “Respondent” means the person(s) who are alleged to have violated the Student Code of Conduct.
- “Responsible” means, based on the applicable evidence collected during the investigation, it is more likely than not that the Student committed one or more violation(s) of the Student Code of Conduct.
- “Retention Letter” means a letter from an attorney stating he/she has been retained by a Student facing disciplinary proceedings pursuant to the Student Code of Conduct.
- “Student” means any person who has applied for admission, who is or has been enrolled, or who has expressed their intent to enroll for any college program within the District for the period in which the misconduct occurred.
- “Student Code of Conduct” means the Coast Community College District Board Policy/ Administrative Procedure (BP 5500 and AP 5500, respectively).
- “Student Discipline Appeal Committee” means a committee formed by a college within the District for the purpose of hearing appeals filed by Students following findings of Responsibility or Non- Responsibility. The composition of this committee is set forth in Section 4.4.
- “Weapon” means any instrument or weapon, the use of which is likely to cause bodily injury, including, but not limited to, a blackjack, sling shot, Billy club, sand club, sandbag, metal knuckles, any dirk, dagger, bow and arrow, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than 2 ½ inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club or any instrument used in an assault or attempted assault on another person.
APPENDIX B-STUDENT CODE OF CONDUCT VIOLATIONS
The District may impose discipline for the commission, or attempted commission, of the following types of violations by Students, or for aiding or abetting, inciting, conspiring, assisting, hiring or encouraging another person to engage in a violation of this Student Code of Conduct, or for any violation of state or Federal law. Being under the influence of drugs and/or alcohol, or the existence of other psychological impairment does not excuse a violation of this Student Code of Conduct.
- Academic Misconduct. All forms of academic misconduct including, but not limited to, cheating, fabrication, plagiarism, or facilitating academic dishonesty.
- Alcohol. Manufacture, distribution, dispensing, possession, use, consumption or sale of, or the attempted manufacture, distribution, dispensing, distribution, consumption or sale of alcohol that is unlawful or otherwise prohibited by, or not in compliance with, District policy, administrative procedures, or campus regulations.
- Assault/Battery.Assault, battery, or any threat of force or violence upon a Student or upon any Member of the District Community. This includes, but is not limited to: a. Inflicting bodily harm upon any Member of the District Community; b. Taking any action for the purpose of inflicting bodily harm upon any Member of the District Community; c. Taking any reckless, but not accidental action, from which bodily harm could result to any Member of the District Community; d. Causing a Member of the District Community to believe that the offender or his/ her agent may cause bodily harm to that person or any member of his/her family or any other Member of the District Community; e. Inflicting or attempting to inflict bodily harm on oneself.
- Bias. Bias-related incidents are behaviors that constitute an expression of hostility against a person or property or another due to the targeted person’s race, religion, sexual orientation, ethnicity, national origin, gender, age, marital status, political affiliation, or disability. These acts or behaviors may not rise to the level of a crime, or a violation of state or federal law, but may constitute to creating an unsafe, negative, or unwelcome environment for the targeted person.
- Continued Misconduct or Repeat Violation. Repeated misconduct or violations of this Policy, when other means of correction have failed to bring about proper conduct.
- Dating Violence. Violence committed by a member of the District Community who is, or has been, in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based upon the consideration of the following factors: a. Length of the relationship b. Type of relationship, and c. The frequency of interaction between the persons involved in the relationship
- Destruction of Property.The damaging, destroying, defacing, or tampering with District Property or the property of any person or business on District Property or at a District function, including but not limited to, taking down, defacing, or otherwise damaging District authorized posters, handbills and/or notices posted on District property.
- Discrimination.Unlawful discrimination against a person on the basis of race, ethnicity, color, religion, national origin, sex, age, disability, military or veteran status, gender identification, gender expression, marital status; sexual orientation, or genetic information, except where such distinction is authorized by law.
- Dishonesty.All forms of dishonesty including but not limited to fabricating information, furnishing false information, or reporting a false emergency to the District.
- Disorderly or lewd conduct.Engaging in disorderly or lewd, indecent or obscene behavior on District Property or at a District function.
- Disruption of Educational Process.Destruction or disruption on or off District Property of the District educational process(es), including but not limited to interrupting, impeding, obstructing or causing the interruption or impediment of any class, lab, administrative office, teaching, research, administration, disciplinary procedures, District activity or District authorized Student activity or administrative process or other District function; or disturbing the peace on District Property or at any District function.
- Disruptive Behavior.Disruptive behavior, disobedience, profanity, vulgarity, or the open defiance of the authority of or abuse of District personnel, or which adversely effects the delivery of educational services to Students and the District Community.
- Disturbing the Peace. Disturbing the peace and good order of the District by, among other things, fighting, quarreling, disruptive behavior, or participation in a disturbance of the peace or unlawful assembly.
- Drugs. Unlawful or attempted manufacture, distribution, dispensing, possession, use, distribution or sale of, controlled substances, dangerous drugs, restricted dangerous drugs or narcotics, as those terms are used in state or federal statutes on District Property or at any District function. Possession of medicinal marijuana on District premises is prohibited.
- Endangering Welfare of Others.Violation of any state or federal law relating to the placing at risk of physical or emotional harm of a member of the District Community.
- Failure to Appear.Failure to appear before a District Official when directed to do so.
- Failure to Comply or Identify. Failure to identify oneself to, or comply with the directions of, a District Official, employee, policy, law enforcement, or other public official when requested to do so; or resisting or obstructing such District or other public officials in the performance of or the attempt to perform their duties.
- Failure to Obtain Permits. Participating in an organized protest for which a District permit has not been obtained.
- Failure to Repay Debts or Return District Property. Failure to (a) repay debts to the District; (b) return District property; (c) return property of any member of the District Community.
- False Report of Emergency.Knowingly and purposefully, causing, making, and/or circulating a false report or warning of a fire, explosion, crime, or other catastrophe.
- Forgery. Any forgery alteration, or misuse of any District document, record, key, electronic device, or identification, or knowingly furnishing false information to a District official.
- Fraud. Any attempt to steal, take, carry, lead, or take away the personal property of another, or who fraudulently appropriated property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or property, or who causes or procures or obtains credit and thereby, or fraudulently gets or obtains possession of money, or property, or obtains the labor or service of another, is guilty of theft.
- Gambling. Unauthorized gambling on District Property or at any District function.
- Harassment/Bullying. A specific act, or series of acts, of a verbal or physical nature, including threats, intended to annoy, intimidate, pester, aggravate, irritate, dominate, ridicule, or cause fear to a member of the District Community, occurring within the jurisdiction of the District as set forth in Section 1.4.
- Hateful Behavior. Hateful behavior aimed at a specific person or group of people.
- Hazing.Participation in hazing or any method of initiation or pre-initiation into a campus organization or other activity engaged in by the organization or members of the organization at any time that causes, or is likely to cause, physical injury or personal degradation or disgrace which can inflict psychological or emotional harm to any Student or other person.
- Infliction of Mental Harm. Inflicting mental harm upon any member of the District Community; (a) taking any action for the purpose of inflicting mental harm upon any Member of the District Community; (b) taking any reckless, but not accidental action, from which mental harm to Member of the District Community could result; (c) causing a Member of the District Community to believe that the Student or his/her agent may cause mental harm to that person or any member of his/her family or any other member of the District Community; (d) any act which purposefully demeans, degrades, or disgraces any person.
- Library Materials.Cutting, defacing, or otherwise damaging or theft of college library or bookstore materials or property.
- Misrepresentation.A false statement or representation based upon the intentional disregard of false or possibly false information, or knowingly entering into a transaction based upon false information, or misrepresenting oneself to be an agent, employee, or representative of the District or its colleges.
- Misuse of Identification. Transferring, lending, borrowing, altering or unauthorized creation of identification.
- Possession of Stolen Property.Possession of District Property, or the property of any other person, when the Student knows, or reasonably should know, that the property was stolen.
- Possession of Weapons. Unauthorized possession, use, storage, or manufacture of explosives, dangerous chemicals, firebombs, firearms, or other destructive devices or weapons as defined in Section K of Appendix A.
- Public Intoxication.Public intoxication or being under the influence of alcoholic beverages, any illegal narcotics, or any substance that causes impairment on District/College Property or at any District/College function.
- Sexual Harassment.Sexual harassment against a member of the District Community. Sexual harassment is defined as (a) unwelcome verbal harassment, e.g., epithets, derogatory comments, or slurs; (b) physical harassment, e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual; (c) visual forms of harassment, e.g., derogatory posters, cartoons, or drawings; (d) unwelcome sexual advances, requests for sexual favors; or (e) an intimidating, hostile, or offensive environment. “Unwelcome conduct” is defined as conduct which the member of the District Community does not solicit or initiate, and which the person regards as undesirable or offensive.
- Sexual Misconduct.Sexual Misconduct comprises a broad range of unwelcome behaviors focused on sex and/or gender that may or may not be sexual in nature. Any intercourse or other intentional sexual touching or activity without the other person’s consent is sexual assault, and is a form of Sexual Misconduct under this policy. Sexual Misconduct is any form of gender-based harassment, including, but not limited to, sexual harassment, sexual assault, and sexual exploitation, as well as harassment based on gender identity, gender expression, and non-conformity with gender stereotypes. Sexual misconduct may also include acts of a sexual nature, including acts of stalking, domestic violence, and dating violence, intimidation, or for retaliation following an incident where alleged Sexual Misconduct has occurred. Sexual Misconduct can occur between strangers or acquaintances, or people who know each other well, including between people involved in an intimate or sexual relationship, can be committed by anyone regardless of gender identity, and can occur between people of the same or different sex or gender.
- Serious Injury or Death.Any intentional or reckless action or conduct which results in serious injury or death to a Member of the District Community or his/her family.
- Smoking. Smoking in an area where smoking has been prohibited by law or regulation of the District.
- Stalking.Stalking behavior in which a Student repeatedly engages in a course of conduct directed at another person and makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her family; where the threat is reasonably determined by the College Disciplinary Officer to create substantial emotional distress, torment, create fear, or to terrorize the person.
- Sexual Stalking. Course of conduct directed at a specific person that would cause a reasonable person to feel fear or suffer substantial emotional distress due to another’s sexual interest or gender-based stalking. Stalking involves repeated and continued harassment of a sexual or gender-based nature, against the expressed consent of another individual, which causes the targeted individual to feel emotional distress, including fear or apprehension. Such stalking behaviors may include: pursuing or following; unwanted communication or contact – including face-to-face encounters, telephone calls, voice messages, electronic messages, web-based messages, text messages, unwanted gifts, etc.; trespassing; and surveillance or other types of observation.
- Theft or Abuse of District’s Computers and Electronic Resources.Theft or abuse of District computers and other District electronic resources such as computer and electronic communications facilities, systems, and services. Abuses include, but are not limited to: unauthorized entry, use, transfer, or tampering with the communications of others, and interference with the work of others, and with the operation of computer and electronic communications facilities, systems, and services. Theft or attempted theft of any kind, including seizing, receiving, or concealing property with knowledge that is has been stolen, is prohibited. Sale, possession, or misappropriation of any property or services without the owner’s permission is also prohibited.
- Theft or Conversion of Property.Theft or conversion of District Property or services, or the property of any person or business on District Property or at a District function, or possession of any property when the Student had knowledge or reasonably should have had knowledge that it was stolen.
- Trespass and Unauthorized Possession.Unauthorized or forcible trespass on, entry to, possession of, receipt of, or use of any District services, grounds, equipment, resources, properties, structures, vehicles, boats, water craft or facility, including the unauthorized use of District’s name, insignia, or seal without permission or authorization.
- Unauthorized Tape Recording. Tape recording any person on District Property or at any District function without that person’s knowledge or consent. This definition shall not apply to recordings conducted in public, in a commonly recognized public forum.
- Unauthorized Use of Course or Copyrighted Materials. Students of the District will abide by all aspects of United States copyright law, Title 17 of the United States Code, to the extent possible, under authoritative interpretation of the law. Students shall not reproduce copyrighted materials without prior permission of the copyright owner, except as allowed by the “fair use” doctrine. The District has posted detailed information describing “fair use”, including examples and an assessment tool, to assist District Students in determining whether the use of certain materials are excepted from copyright infringement as “fair use.”See http://www.cccd.edu/ facultystaff/riskservices/ copyrightchecklist.aspx. In addition, Students shall not sell, prepare, or distribute for any commercial purpose any course lecture notes or video or audio recordings of any course unless authorized by the District in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a Student is a violation of these Policies whether or not it was the Student or someone else who prepared the notes or recordings. Copying for any commercial purpose handouts, readers or other course materials provided by an instructor as part of a District course unless authorized by the District in advance and explicitly permitted by the course instructor or the copyright holder in writing (if the instructor is not the copyright holder).
- Unauthorized Use of District Keys.Unauthorized use, distribution, duplication or possession of any keys issued for any building, laboratory, facility, room, or other District Property.
- Unauthorized Use of Electronic Devices.Unauthorized use of an electronic device on District property or at any District function, including but not limited to, classes, lectures, labs and field trips.
- Unauthorized Use of Property or Services.Unauthorized use of property or services or unauthorized possession of District Property or the property of any other person or business.
- Unreasonable Demands.Placing repeated, hostile, or unreasonable demands on District staff.
- Unwelcome Conduct. Unwelcome Conduct: conduct of a sexual, gender-based, or harassing nature, which is considered unwelcome if a person did not request or invite it, and considered the conduct to be unwelcome, undesirable, or offensive. Unwelcome conduct may take various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), hazing, bullying, or other conduct that may be physically or psychologically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, or be directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex.
- Violation of Driving Regulations. Driving unsafely on District property or while taking part in any District function, or repeated violation of District parking regulations.
- Violation of Health & Safety Regulations. Violation of any health, safety or related regulations, rule or ordinance on District property or at any District function.
- Violation of Law. Violation of any federal, state or local law on District property, at a District function or involving a member of the District Community.
- Violation of Posted District Rules. Violation of any rule or regulation posted on District property by the District or the College, or printed in any District publication.
- Disrupting or causing the disruption of computer services or denying or causing the denial of computer services to an authorized user of a computer, computer system, or computer network belonging to or used by the District or any Member of the District Community.
- Providing or assisting in providing a means of accessing, without permission, a computer, computer, system, or computer network belonging to or used by the District or any Member of the District Community.
- Accessing or causing to be accessed without authorization any computer, computer system, or computer network belonging to or used by the District or any Member of the District Community.
- Introducing any computer contaminant or virus into any computer, computer system, or computer network belonging to or used by the District or any Member of the District Community.
- Sending any message using any computer system or network without authorization or sending any message in the name of another person or entity.
- Using any account or password without authorization.
- Allowing or causing to be used an account number or password by any other person without authorization.
- Accessing or causing to be accessed, downloading or causing to be downloaded, pornographic or obscene materials except when accessing a pornographic website which is part of the instructional process or assignment for a class the Student is currently enrolled in.
- Using the District’s systems or networks for commercial purposes; for example, by performing work for profit with District resources in a manner not authorized by the District.
APPENDIX C- SANCTIONS
A Student found Responsible for violating any of the Student Code of Conduct standards (BP/AP 5500) is subject to sanctions set forth herein. The following sanctions may be imposed for violation of this Student Code of Conduct. These sanctions are not exclusive. Community Service may be imposed by the College Disciplinary Officer on any Student who violates this Student Code of Conduct. Community Service shall consist of the Student performing some act or duty that is of benefit to the campus and/or surrounding community. Disciplinary Probation consists of Written Notice to the Student by the College Disciplinary Officer that the Student has violated this Student Code of Conduct and that for a specified period of time, imposed by the College Disciplinary Officer, the Student must meet certain conditions as imposed by the College Disciplinary Officer. Any subsequent violations of this policy by the Student during the term of the probation or the Student’s failure to comply with any condition of probation imposed by the College Disciplinary Officer will result in additional sanctions under this policy.
- District Restriction. The College Disciplinary Officer may for a specified period of time restrict the Student’s access to parts or areas of the District and/or District Property.
- Exclusion from District Activities.Prohibits the Student from participating in any District cocurricular and/or extra-curricular activity(ies) for a period to be determined by the College Disciplinary Officer.
- Educational Essay.The College Disciplinary Officer, or designee, will assign a topical paper that best serves in the education and learning for the Student. The College Disciplinary Officer determines the format of the paper.
- Mental Health Clearance.Mental Health Clearance may be required before a Student is re-admitted to a particular class or allowed to come onto District Property. The College Disciplinary Officer must receive a letter from a licensed mental health professional stating that in his/her professional judgment the Student will no longer continue the behavior which gave rise to the College Disciplinary Officer taking disciplinary action against him/her or that the Student’s continued presence on campus is not a threat to himself/herself or others. The mental health professional must be licensed by the State of California and the College District Administer must verify that the mental health professional is credentialed to render a professional opinion. The Student shall bear the cost and expense of obtaining mental health clearance.
- Restitution.The College Disciplinary Officer may require the Student to repay the District or any person for the cost of replacing or repairing any property taken, destroyed or damaged by the Student. This Student may also be charged a service charge and/ or collection fee under the College policy regarding service charges and collection fees.
- Restriction from Attendance at District Events.The College Disciplinary Officer may restrict the Student from attending some or all District events for a specified period of time.
- Short Term Removal from Class.Short Term Removal from Class for a period not to exceed two class meetings, may be imposed by any instructor on a Student who is disrupting the class or otherwise interfering with the ability of other Students in the class to learn. Before removing a Student from class, an instructor shall first give or make reasonable efforts to give the Student notice of his/her intent to remove the Student and a reasonable opportunity for the Student to modify his/her behavior. The instructor or program supervisor shall notify the College Disciplinary Officer, in writing, immediately following his/her removal of a Student under this section, with a copy to the Dean of the Academic Unit. The Student may not return to the class until the Student has met with the College Disciplinary Officer. The College Disciplinary Officer shall contact the Student to arrange such a meeting.
- Short Term Suspension.Short Term Suspension prohibits the Student from attending classes or entering onto any District Property for a period of one (1) to ten (10) days as determined by the College Disciplinary Officer.
- Hold on Records.Hold on Records consists of the withholding of transcripts and/ or other Student records. The College Disciplinary Officer may impose such withholding when a Student fails to repay debts to the District, return District equipment or make restitution to the District. A Hold on Records may also be asserted if a Student does not comply to requests such as, but not limited to, required meeting or appointments.
- Administrative Withdrawal from Class.Administrative Withdrawal From Class prohibits a Student’s continued presence in the class if his/her behavior is disruptive of the class and interferes with the ability of other Students in the class to learn or in any way endangers himself/herself or others. When this sanction is applied, the Student will be administratively withdrawn by the College Disciplinary Officer.
- Grade Change.Grade Change from a “Withdraw” to a letter grade may be imposed where the College Disciplinary Officer, together with the instructor, determine this is an appropriate sanction.
- Written Warning.Written Warning is a written reprimand and warning to the Student by the College Disciplinary Officer that he/she has determined that the Student has violated this Student Code of Conduct and is on warning.
- Long Term Suspension.Long Term Suspension between 11 days and up to 2 years
- Expulsion – for a period between 2 and 10 years
Ratified February 18, 2015 (replaces prior BP 3902 Student Code of Conduct and Disciplinary Procedures, last revised 11/16/2005)
ACADEMIC HONESTY POLICY
Golden West College has the responsibility to ensure that grades assigned are indicative of the knowledge and skill level of each student. Acts of academic dishonesty make it impossible to fulfill this responsibility. Faculty have a responsibility to ensure that academic honesty is maintained in their classroom. Students share that responsibility and are expected to refrain from all acts of academic dishonesty. Procedures for dealing with any violation of academic honesty will be followed. Additionally, the Student Code of Conduct, Board Policy 5500 and Administrative Procedure 5500, shall be applied to incidents of academic dishonesty.
A student shall be placed on probation whenever he or she meets one of the two conditions listed below: 1. Academic Probation
- Has attempted at least 12 semester units at Golden West College and
- has a grade point average of less than 2.0 in the most recent semester completed, or
- has a cumulative grade point average of less than 2.0 in all units attempted.
2. Progress Probation Has attempted at least 12 semester units at Golden West College and the percentage of units in which the student has been enrolled for which entries of “W”, “I” and “NP” or “NC” are recorded reaches or exceeds 50 percent. A student on probation at Golden West College, Orange Coast College or Coastline Community College shall be on probation at any District college. All probationary students shall be notified of their status and counseling services will be made available including inviting them to take an online tutorial concerning probation/disqualification located at www.goldenwestcollege.edu/ counseling/probation. Title 5, Sections 55754, 55755
ACADEMIC DISQUALIFICATION POLICY
A student at Golden West College who is on academic or progress probation shall be disqualified whenever he or she meets one of the two conditions listed below:
1. Academic Disqualification
Any student on academic probation for two consecutive semesters shall be academically disqualified. However, any student on academic probation whose most recent semester grade point average equals or exceeds 2.0, or whose cumulative grade point average equals or exceeds 2.0, shall not be disqualified but shall be continued on academic probation.
2. Progress Disqualification
Any student who is on progress probation for two consecutive semesters shall be disqualified for lack of satisfactory progress. However, any student on progress probation whose most recent semester work indicates fewer than 50 percent units of “W,” “I” and “NP” or “NC” shall not be disqualified but shall be continued on lack of progress probation.
Note: Based upon recent changes as established and approved by the college, students who have been disqualified two or more semesters must sit out the next regular semester. There is no appeal. Prior to re‑admission the following semester, the student must complete the Golden West College online Probation/ Disqualification Tutorial Orientation and submit the results to the counseling department in order to be cleared to register for classes. Any student disqualified from a college within the Coast Community College District may be dismissed for a minimum of one semester. A student dismissed from one District college shall not attend another District college during the semester of disqualification. Title 5, Section 55756
ACADEMIC RENEWAL POLICY AND PROCEDURE
This Academic Renewal Policy for Golden West College is issued pursuant to Section 55764 and 55765 of the California Administrative Code (Title 5) regulations. The purpose of this policy is to disregard past substandard academic performance of a student when such work is not reflective of their current demonstrated ability. It is based on the recognition that due to unusual circumstances, or circumstances beyond the control of a student, the past substandard work will negatively affect their academic standing and unnecessarily prolong the rate at which he/she may complete his/her current objectives. Therefore, under the circumstances outlined below, Golden West College may disregard from all considerations associated with requirements for the Certificate of Achievement/Associate in Arts Degree and general education certification up to a maximum of thirty (30) semester units of course work from two semesters taken at any college. These circumstances are:
- The student has requested the action formally and has presented evidence that work completed in the term(s) under consideration is substandard (less than a 2.0 grade point average) and not representative of present scholastic ability as verified by the current level of performance. Verification must consist of: a. Completion of a minimum of 12 semester units of course work at any regionally accredited college or university with a minimum cumulative grade point average of at least 2.0 subsequent to the course work to be disregarded. b. At least 12 months has elapsed since completion of the most recent course work to be disregarded.
- Agreement that all units taken during the semester(s) to be disregarded, except those courses required as a prerequisite or to satisfy a requirement, in the student’s “redirected” educational objective.
- An understanding that the student’s permanent academic record shall be annotated so that it is readily evident to all users of the records that units disregarded, even if satisfactory, may not apply to certificate, degree or general education certification requirements.
- Agreement that all course work remains legible on the student’s permanent record ensuring a true and complete academic history.
- A student may request academic renewal only once and it cannot be reversed or modified.
If another accredited college has acted to remove previous course work from Certificate of Achievement, Associate in Arts or Bachelor Degree consideration, such action shall be honored in terms of that institution’s policy. Units disregarded by another institution shall be deducted from the thirty semester units maximum of course work eligible for alleviation at Golden West College. Students requesting removal of previous course work for certificate or degree consideration shall file a petition at the Enrollment Center. The petition shall outline the semesters of course work to be disregarded and shall include evidence verifying (1) that work completed during this period is substandard, and (2) the expiration of at least 12 months since the end of the last term to be excluded. All official transcripts must be on file at Golden West College. The Director of Admissions and Records or his/her designee shall act to approve the petition and make the proper annotation on the student’s permanent record upon verification of the conditions set forth herein.
Note: It is possible that other colleges or universities may not accept the Academic Renewal Policy.
STUDENT GRIEVANCE PROCEDURES
All grade grievances will be handled through the student grievance process outlined in the sections below. However, in general and by law, the instructor is solely responsible for the grades he/she assigns. No instructor may be directed to change a grade except in certain narrow circumstances authorized by Education Code Section 76224(a), “When grades are given for any course of instruction taught in a community college, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.” For the purposes of this Article, grades may only be reviewed within the following narrow context, subject to ratification by student government organizations:
- Mistake: an unintentional act, omission or error by the instructor or the college.
- Fraud: a deception deliberately practiced in order to secure unfair or unlawful gain. Fraud may exist when a grade is based upon some sort of dishonest activity, for example, selling grades.
- Bad Faith: an intent to deceive or to act in a manner contrary to law and/or a grade assigned because of a student’s protected characteristics as defined in Education Code Section 66270. If, pursuant to the discrimination and harassment complaint procedure, as delineated in Title 5, California Code of Regulations, Section 59300, it is determined that a grade was the result of discrimination or harassment, the grade may be changed as a remedy for the discrimination or harassment.
- Incompetence: a lack of ability, legal qualification, or fitness to discharge a required duty. A student may claim incompetency when he or she has evidence that the instructor has an impaired ability or fitness (due to accident or illness) to adequately judge the student’s performance.
The Federation and the District understand that the applicability and enforcement of the Student Grade Grievance Process, as outlined herein, may be subject to challenge or modification by students pursuant to state or federal law.
Section 15.7.Student Grievance Process Stage One – Informal Problem Resolution
When a student has a complaint about a Faculty Member, the student should be encouraged to make every effort to meet with the Faculty Member to resolve the complaint. If the student is unable to meet with the Faculty Member, the student is encouraged to use the services of a campus advisor for this meeting or at any point during the informal resolution level or the formal grievance stage of the process. If a satisfactory resolution is not achieved with the Faculty Member, the student may proceed to the Faculty Member’s immediate supervisor to resolve the issue. The immediate supervisor is usually the Division Dean. The supervisor will discuss the issue with the student(s) and the Faculty Member involved, either individually or collectively, in an effort to resolve the issue. The supervisor may proceed with any investigatory meeting with the Faculty Member if there is a basis for a legitimate complaint, as mentioned in Section 3 of this article. Where the information gathered could lead to disciplinary action or letter of reprimand being issued, the supervisor will proceed in any investigatory meeting with the Faculty Member only after he/she follows the Expanded Weingarten Rights Procedure set forth in Section 2 of this article. If the complaint cannot be mutually resolved at the informal problem resolution level, then the student may file a formal written grievance by completing the Student Grievance Form and filing it with the College Grievance Officer within the limitations period.
Stage Two – Administrative Review of the Formal Complaint
Upon receipt of the written and signed Student Grievance Form, the College Grievance Officer shall promptly forward a copy to the person against whom the complaint has been lodged and the Faculty Member’s supervisor. Upon receipt of the formal complaint, the College Grievance Officer will screen out false or unfounded allegations and allegations not meeting the criteria set in Section 15.6.3 of this Article. Reasonable attempts will be made to contact the parties concerned, either individually or collectively, in order to resolve the issue. The College Grievance Officer may proceed with any investigatory meeting with the Faculty Member if there is a basis for a legitimate complaint, as mentioned in Section 15.6.3 of this Article. Where the information gathered could lead to disciplinary action or letter of reprimand being issued, the supervisor will proceed in any investigatory meeting only after he/ she follows the Expanded Weingarten Rights Procedure set forth in Section 2 of this article. This does not apply if, in a previous interview involving the same issue, the supervisor had already obtained a completed and signed Expanded Weingarten Notice from the Faculty Member. Within twenty-five (25) working days, the College Grievance Officer shall make a good faith effort to return a written decision to the student who filed the grievance, indicating the resolution with any recommended action, and a copy of this decision shall be given to the Faculty Member. The College Grievance Officer may recommend any one of the following actions:
- That no future action is necessary nor will the complaint prejudice in any way the individual’s employment status as a member of the college staff.
- That there be some type of action or remediation. In such case, the written documentation and recommendation, if any, will be forwarded to the person deemed appropriate for the consideration and/or implementation of the remedy. The District shall not place the Grievance Officer’s documentation or recommendation in the Faculty Member’s personnel file unless disciplinary action is taken or a letter of reprimand is issued.
Stage Three – Appeal of Findings
When students appeal a finding that favors the Faculty Member, the Faculty Member will be provided timely notice of the appeal and of the Faculty Member’s right to a union representative if follow-up meetings or hearings require the Faculty Member’s participation. If there is an investigative finding that leads a supervisor to pursue corrective action, the Faculty Member shall be afforded the opportunity to appeal the corrective action to the appropriate Vice President. If the Vice President upholds the recommended corrective action, the Faculty Member may appeal to the President of the College, subsequently, the Vice Chancellor of Human Resources, and ultimately the Chancellor. Section 2 and Section 3 (subsections C and D) will apply. In the event of a recommendation to discipline a Faculty Member, the Faculty Member will have rights as outlined in Section 4. The Federation and District understand that the applicability and enforceability of the Student Grievance Process, as outlined herein, may be subject to the challenge or modification by students pursuant to state or federal law.
Golden West Grade-Change Policy
If the Grade Grievance Officer determines that a grade-change may be warranted, a grade-grievance panel will be convened. The Vice President of Instruction will convene an appropriate panel, which includes a faculty member from the appropriate academic division. If the instructor of record or the student wish to appear before the panel, they will be given at least a week to prepare for the meeting. A good-faith effort will be made to decide the case within twenty-five (25) days. If the panel recommends a grade change, the panel’s division faculty member will submit a grade-change form to the Director of Admissions and Records.
Technical Departures from this Policy
Technical departures from this procedure and errors in their applications shall not be grounds to void the college’s right to make and uphold its determination unless, in the opinion of the chancellor, or designee, the technical departure or error prevented a fair determination of the issue.
The Coast Community College District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities. The District does not discriminate unlawfully in providing educational or employment opportunities to any person on the basis of race or ethnicity, gender, gender identity, gender expression, religion, age, national origin, sexual orientation, marital status, medical condition, pregnancy, physical or mental disability, military or veteran status, or genetic information or because he/she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. Golden West College is committed to ensuring that persons with disabilities have access to all college programs and services and will make reasonable accommodations to ensure that access. Any person with a documented disability who believes that he/she has been discriminated against on the basis of that disability should contact the Director of the Disabled Students Programs and Services at (714) 895- 8721 or the campus Student Grievance Officer at (714) 895-8125.
DISCRIMINATION AND SEXUAL HARASSMENT BP/AP 3430 AND AP 3435
The District is committed to providing an academic and business environment free of unlawful harassment. This procedure defines sexual harassment and other forms of harassment on campus, and sets forth a procedure for the investigation and resolution of complaints of harassment by or against any staff or faculty member or student within the District. Since failure to report harassment and discrimination impedes the District’s ability to stop the behavior, the District encourages anyone who believes they are being harassed or discriminated against, to file a complaint. The District encourages the filing of such complaints within 30 days of the alleged incident. The complaint shall be filed by one who alleges that he/she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his/her official capacity as a faculty member or administrator. The complaint shall be filed with the State Chancellor.
SEXUAL ASSAULT PREVENTION BP/AP 5910 TITLE IX
The Coast Community College District recognizes that sexual assault is a serious issue, and will not tolerate acts of sexual assault on District property or at District-sponsored activities. The District will investigate all allegations of sexual assault that occur on District property or at sponsored activities and take appropriate criminal, disciplinary or legal action, with prior consent of the victim. If student feels they are being sexually harassed or that they have been a victim of sexual misconduct, they may submit a complaint online at GWC Student Sexual Misconduct/ Title IX Form or contact the Title IX Coordinator, Carla Martinez, at (714) 895-8781. They can also visit the Title IX/Sexual Misconduct web page at www.goldenwestcollege.edu/titleix/ for more information.
FAMILY RIGHTS AND PRIVACY
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. The rights include:
- The right to inspect and review the student’s education records within 45 days of the day Golden West College receives a request for access. Students should submit to the Director of Admissions and Records or appropriate official, written requests that identify the record(s) they wish to inspect. The Golden West College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Golden West College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate.Students may ask Golden West College to amend a record that they believe is inaccurate. They should write the College official responsible for the records, clearly identify the part of the record they want changed, and specify why it is inaccurate. If Golden West College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Golden West College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605
Directory Information Student’s directory information is released only upon approval of the Director of Admissions & Records. Students may request in writing to the Director of Admissions & Records or his/her designee, that directory information not be released. Directory information includes one or more of the following: student’s name, birthdate, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, number of units of enrollment, and degrees and awards received. Golden West College maintains in the Enrollment Center the following student record information:
- Demographic data supplied to the college by the student through the enrollment process
- Transcripts of high school work if supplied by the student
- Transcripts of college work
- Placement test data
- Semester class enrollment dataAdditional information maintained in other offices on some students may include:
- Financial Aid and EOP/S application information on students who have applied for either program
- Work Experience records on students who have taken work experience courses within the past three years
- An application file on students who have applied to the Health Professions programs within the year
- Instructor evaluations for students enrolled in Health Professions programs
- Instructor evaluations for students enrolled in Criminal Justice Academy courses
- Records maintained of students who have been disciplined
- Medical records on students who have filed a medical inventory form or who have made use of the health services
Students may review the information contained in items 1-11. For items 1-5, a letter requesting review should be directed to the Enrollment Center. Requests for review of information contained in item 6 may be made to the Vice President of Student Services and information in item 7 may be reviewed by arrangement with the office of Work Experience. Inquiries regarding information contained in items 8, 9, and 10 are to be directed to the Director of Admissions & Records, the Dean of Student Life, the Dean of Health Professions Programs, and the Dean of the Criminal Justice Program, respectively. All requests for review will be honored within 15 days. Medical records are not available to the student. However, the student may request review of the records by his/her physician or appropriate professional of his/her choice. Students may challenge the contents of any records by notifying the administrator associated with the records in question. If the issue is not resolved at that level, the student may use the student grievance procedure.
FREE SPEECH POLICY – AP 3900
The District’s students, employees, and members of the public shall be permitted to exercise their rights of free expression subject to reasonable time, place, and manner policy contained in Board Policy 3900 and contained within this procedure. The following exterior property at Golden West College may be used by students as a free speech area to the extent permitted in the District Policy: Behind the College Bookstore, south of the Student Center. Such further areas as may be designated by the President. The President shall designate one or more Free Speech Areas no further than fifteen feet from either the entrance or exit of any swap meet held on campus grounds. This area must be no smaller than 200 square feet and must only be set aside during the operation of any swap meet. Any District property used for the operation of a swap meet is considered a non-public forum.
ALCOHOL, DRUG ABUSE INFORMATION AND UNAUTHORIZED WEAPONS
Statement of Philosophy and Purpose
It is the intention of the Coast Community College District to provide a drug-free environment that maximizes academic achievement and personal growth. The District recognizes that alcohol and other drug use or abuse pose a significant threat to the health, safety and well-being of the user and the people around them. Substance abuse also interferes with academic, co-curricular, and extra-curricular interests and can lead to health, personal, social, economic and legal problems.
GWC offers several classes which offer education on alcohol and drug abuse: College G100 Student Success Criminal Justice G107 Drugs, Health and Society Health Ed G100 Health Education Health Ed G107 Drugs, Health and Society P.E. G103 Exercise for Healthy Living Psychology G100 Introduction to Psychology Psychology G160 Human Growth & Development Psychology G250 Psychobiology
Drug and Alcohol Counseling Resources
GWC’s Student Health Center offers professional evaluation and referrals for drug and alcohol treatment for students by appointment. Call (714) 895-8379. The County of Orange Health Care Agency, Drug and Alcohol Services, offers therapy and counseling. The office for this area is 14140 Beach Blvd., Suite 200, Westminster, CA 92683, (714) 896-7574 TDD (714) 896-7512. Alcoholics Anonymous: (714) 556-4555 or www.oc-aa.org. Call for meeting times and site information. Narcotics Anonymous: (714) 590-2388 or (949) 661-6183 The Student Health Center also provides information and referrals to other community resources and support groups. Interested students may come to the health center to consult with a college health nurse.
STATE LAWS AND COLLEGE POLICY
State laws and the College Code of Conduct specifically prohibit the use and possession, distribution or sale of drugs or alcohol on college property or any college sponsored activity or event. These rules describe the penalties and disciplinary actions when violations occur. Information on laws and the Code of Conduct are available at Student Health Center. The Coast Community College District policy prohibits all use of alcohol and illicit drugs on District property or in District vehicles regardless of location. Furthermore, the use of all tobacco products is prohibited in all District buildings and vehicles.
Unless otherwise authorized by the President of the college or California law, possession of weapons is a violation of the Student Code of Conduct (AP 5500). Weapon means any instrument or weapon, the use of which is likely to cause bodily injury, including, but not limited to, a blackjack, sling shot, Billy club, sand club, sandbag, metal knuckles, any dirk, dagger, bow and arrow, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than 2 ½ inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club or any instrument used in an assault or attempted assault on another person.
Golden West College maintains a Public Safety Department with personnel available 24 hours a day. A person may report any criminal action or emergency at any time – day or night – by calling (714) 895-8924 or for emergencies (714) 895-8999 or 911. Campus “red phones” located throughout the interior of the campus (see map on Public Safety website www.goldenwestcollege.edu/public-safety) may also be used to contact the Public Safety Department. The Public Safety Department is located at the north end of the Health Science Building. Office hours are 8:00 a.m. to 5:00 p.m. Monday thru Friday.
PARKING AND TRAFFIC RULES AND REGULATIONS
By authority of California Vehicle Code Section 21113, the following parking and traffic rules and regulations have been adopted to facilitate vehicular movement and parking and provide for the safety of all persons using the community college campus. These parking and traffic rules and regulations will be in effect 24 hours a day.
Authorization is granted to the college Public Safety Department to issue parking citations within the confines of the campus. Citations will be issued for violation of the Parking Regulations as outlined below. Automatic penalties will be assessed on all fines not paid prior to the specified due date. All authorized permit parking areas will be enforced Monday through Thursday 7:00 a.m. to 10:00 p.m. and Friday 7:00 a.m. to 5:00 p.m.
Parking Regulations and Recommended Bail
Section 208 No person shall sleep in or remain overnight in any vehicle on campus. No vehicle shall be parked overnight on campus (midnight to 6:00 a.m.) without permission from Public Safety Department. $35.00
Section 401 No parking is allowed in any area that does not have a clearly marked stall, except designated dirt lots. $35.00
Section 402 Vehicles parking within a stall shall not overlap the lines that designate the stall. $35.00
Section 403 No persons shall park or leave standing a vehicle on any walkway, landscaped area, driveway, road or field without prior approval of the Public Safety Department. $35.00
Section 404 No person shall park or leave standing a vehicle not a motorcycle nor moped in an area designated for motorcycles only. $35.00
Section 405 No vehicle shall be parked backwards in diagonal parking stalls. $35.00
Section 406 No person shall park or leave standing a motor vehicle blocking traffic lanes on any campus roadway or parking lot. $40.00
Section 407 When signs or marking (such as red curbs) prohibiting and/or limiting parking are erected or placed upon any street, road, or area, no person shall park or leave standing any vehicle upon such street, road, or area in violation of any such sign or marking. Red Zone $40.00
Section 409 No person shall park in any area marked in blue and identified as “Handicapped Parking” unless a handicapped placard/license plate issued by DMV is displayed inside the vehicle. $250.00
Section 410 No person shall park in an area posted or marked “Staff Parking” unless a valid staff parking permit is properly displayed. $35.00
Section 411 No person shall park any vehicle in any fashion so as to create a traffic hazard. $40.00
Section 412 No person shall park on campus in a designated permit area without a current, valid parking permit properly displayed either on the left rear bumper or suspended from the rear view mirror, on the dashboard or inside lower left windshield. Motorcycles/mopeds shall have the permit affixed to the left front fork. $35.00
Stolen/Forged/altered/mutilated permit $40.00 Section 413 Vehicles parking in metered stalls must pay for use of the stall as indicated on the meter. Display of a campus parking permit does not preclude payment of meter fees. $35.00
Section 501 No person shall abandon or leave standing any vehicle or motorized cycle on the campus in excess of 96 hours. All such vehicles will be stored under authority of Section 2265 8 (a) of the California Vehicle Code. Section 502 Any person who abandons a vehicle or motorized cycle on campus or violates campus regulations that require towing of such vehicle will be responsible for payment of all towing and storage charges.
From time to time class assignments or other class activities may take place off-campus. When District transportation is provided, students are required to use it. When the location is in Southern California, the class or activity may be convened and dismissed at the site. When this occurs, students will be responsible for their own transportation. Students may be required to sign a field trip or student release form. In regard to class trips, the student is encouraged to contact the instructor of the course to determine the likely dates, locations, and frequency of such off-campus requirements.
GWC SMOKE-FREE CAMPUS POLICY
Golden West College is a Smoke- Free Campus. Smoking is permitted in campus parking lots but prohibited in all college buildings, vehicles, indoor and outdoor facilities, interior bus stops, designated campus entrances, and all open areas. All smoking materials including cigarettes, e-cigarettes, cigars, pipes, and other apparatus used to smoke organic and non-organic materials must be extinguished and/ or properly disposed of in the ash receptacles located in the parking lots before entering our smoke-free campus.
COMPUTER AND ELECTRONIC RESOURCES SYSTEMS ACCEPTABLE USE POLICY
The Coast Community College District (“District”) owns, leases, and/ or operates a variety of computer and communication systems, including but not limited to, voicemail, electronic mail (email), telephone, and access to the internet, which are provided for the use of District faculty, administrators, staff, and students in support of the programs of the colleges and District. Hereinafter, this system and all of its component parts shall be referred to as the “District Network.” This network establishes a communications platform that often substitutes for in-person meetings regarding District business.
This Policy applies to all members of the District community using the District Network including faculty, administrators, staff, students, independent contractors, and authorized guests. The Policy covers the use of all District computer equipment and communication systems in computer labs, classrooms, offices, libraries, and the use of the District equipment, servers, systems, and networks from any location. If any provision of this policy is found to be legally invalid it shall not affect the other provisions of the policy as long as they can be effective without the invalid provision.
This Policy is based upon and shall be interpreted according to the following fundamental principle: the entire District Network, and all hardware and software components with it, is the sole property of the District which sets the terms and conditions of its use consistent with the law. Except as provided in Board Policy or collective bargaining agreements pertaining to intellectual property rights, employees and students have no rights of ownership to these systems or to the information they contain by virtue of their use of all or any portion of the District Network.
The District recognizes the privacy interests of faculty and staff and their rights to freedom of speech, shared governance, and academic freedom, as well as their rights to engage in protected union and concerted activity. However, both the nature of electronic communication and the public character of District business make electronic communication less private than many users anticipate, and may be subject to public disclosure. In addition, the District Network can be subject to authorized and unauthorized access by both internal and external users. For these reasons, there are virtually no online activities or services that guarantee an absolute right of privacy, and therefore the District Network is not to be relied upon as confidential or private. Nonetheless, the District seeks to afford email communications privacy protections comparable to those it traditionally affords paper mail and fax communications, consistent with State and Federal statutes. The District will also provide voicemail protection to the extent required by the Federal Wiretap Act.
System administrators may access user files or suspend services they manage without notice only: (1) to protect the integrity of computer systems; (2) under time-dependent, critical operational circumstances; (3) as required by and consistent with the law; or (4) where evidence exists that violations of law or District Policy or Procedures have occurred. For example, system administrators, following organizational guidelines, may access or examine individual files or accounts based on evidence that they have been corrupted or damaged or subject to unauthorized use or misuse. In such cases of access without notice, data or information acquired may be used to initiate or extend an investigation related to the initial cause or as required by law or Board policy and/or to protect system integrity.
While the District monitors electronic usage as part of its normal network operating procedures, the District does not routinely inspect or monitor users’ computer hardware or files, email, and/or telephone message system, nor disclose information created or stored in such media without the user’s consent. The District shall attempt to notify users before accessing computer hardware and files or prior to suspending service. In the event that the District acts without user consent, under its District Rights specified above, the District shall do so with the least perusal of contents and the least action necessary to resolve the immediate situation. When the District accesses files without user consent, it shall notify the user as soon as possible of its access and provide the reason for its action.
The Board recognizes that computers and networks can provide access to resources on and off campus, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources and observe all relevant law, regulations and contractual obligations.
For District employees, the intended uses of the District Network are those which are reasonable and necessary for the pursuit of job duties; for students, the intended uses are those which are reasonable and necessary for the pursuit of instructional activities.
Although personal use is not an intended use, the District recognizes that the Network will be used for incidental personal activities provided that such use is within reason and provided that such usage is ordinarily on an employee’s own time, is occasional, and does not interfere with or burden the District’s operation, and not otherwise contrary to District policies or procedures.
“Unauthorized uses” include prohibited uses and any other use for a prohibited purpose, including illegal activities, messages which may constitute discrimination or harassment under state or federal law or anything that interferes with the intended use. These types of prohibited uses and purposes are further defined in the Administrative Procedures.
All users of the District Network must read, understand, and comply with this Policy as well as the Administrative Procedures, and any additional guidelines established by the District. Such guidelines will be reviewed by the District and may become subject to Board approval as a District policy or procedure. By using any part of the District Network, users agree that they will comply with this Policy.
Enforcement of the Policy
The Board directs the Chancellor or designee to enforce all existing federal and state laws and District and college policies, including not only those laws and regulations that are specific to computers and networks but also those that apply generally to personal conduct. Violations of this Policy will be dealt with in the same manner as violations of other District policies or standards of behavior and may result in disciplinary action, subject to applicable due process requirements. Such violations may be subject to appropriate personnel action and/or criminal investigation.
Users who believe this policy has been misinterpreted or misapplied may file a complaint in accordance with the Complaint Procedures found in the Administrative Procedures.
Students who do not observe the requirements of this Policy may be in violation of the Student Code of Conduct and subject to student discipline.
This Policy and Administrative Procedures shall be distributed to all new and existing employees. Nothing in this policy should be construed to interfere with First Amendment rights or with the academic freedom of faculty.
Computer and Electronic Resources Systems Acceptable Use Procedure
The District is responsible for making these procedures and the policy that they implement readily accessible to all users prior to their use of the District Network. Abuse of computing, networking or information resources contained in or part of the District Network may result in the loss of access to the District Network. Additionally, abuse can be prosecuted under applicable statutes. Users may be held accountable for their conduct under any applicable District or college policies, procedures, State and Federal laws, or collective bargaining agreements. Complaints alleging abuse of the District Network will be directed to those responsible for taking appropriate disciplinary action. Illegal reproduction of material protected by U.S. Copyright Law is subject to civil damages and criminal penalties including fines and imprisonment.
District employees and students accused of violating this Board Policy have the right to representation. Absent a negotiated agreement to the contrary, State statutes will apply.
Examples of behaviors constituting abuse which violate this Board Policy include, but are not limited to, the following activities:
• Using a computer account that one is not authorized to use
• Obtaining a password for a computer account that one is not authorized to have
• Using the District Network to gain unauthorized access to any computer systems
• Knowingly performing an act which will interfere with the normal operation of computers, terminals, peripherals or networks
• Knowingly running or installing on any computer system or network, a program intended to take control of the computer(s), or giving to another user, a program intended to damage or to place excessive load on a computer system or network. This includes but is not limited to programs known as computer viruses, Trojan horses, zombie software and worms
• Knowingly or carelessly allowing someone else to use your account who engages in any misuse in violation of the Board Policy
• Forging email messages and/ or forwarding email specifically marked as confidential • Attempting to circumvent data protection schemes or uncover or exploit security loopholes
• Masking the identity of an account or machine
• Deliberately wasting computing resources by file sharing schemes, participating in email chains, spamming, and/or excessive bandwidth usage
• Intentionally accessing, downloading, displaying, uploading or transmitting obscenity or pornography as legally defined
• Attempting without District authorization to monitor or tamper with another user’s electronic communications, or changing, or deleting another user’s files or software without the explicit agreement of the owner, or any activity which is illegal under California Computer Crime Laws
• Personal use which is excessive or interferes with the user’s or others’ performance of job duties, or otherwise burdens the intended use of the District Network
• Using the District Network for online gambling
• Using the District Network for political purposes shall be subject to state and federal law and Board of Trustees approval where the law is permissive
• Using the telephone, email or voice mail to harass or threaten others
• Knowingly downloading, displaying or transmitting by use of the District Network, communications, pictures, drawings or depictions that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political belief
• Knowingly downloading, displaying or transmitting by use of the District Network sexually explicit images, messages, pictures, or cartoons which have the clear purpose of harassment or have been identified as harassment as the result of a formal investigation into the matter
• Knowingly downloading, displaying or transmitting by use of the District Network sexually harassing images or text in a public computer facility, or location that can potentially be in view of other individuals
• Using the District Network to publish false or defamatory information about another person
Using the District Network for any commercial activity, other than incidental or traditional commercial use, without written authorization from the District “Commercial activity” means for financial remuneration or designed to lead to financial remuneration. Examples of “incidental or traditional commercial use” include but are not limited to:
• Electronic communication between an instructor who is an author of a textbook and her/his publisher
• Electronic communication by a staff member who uses the District Network to communicate regarding a presentation at an educational conference or workshop, for which that staff member might receive an honorarium
• Electronic use by a student of the District Network to seek a part-or full-time job or career related to the student’s field of study, or to assist her/him in applying for such work.
• Electronic communication by a staff member to inform a colleague about his/her child’s candy bar fundraising sale for the child’s school.
• Using electronic resources to research and/or purchase supplies, equipment, or other items required for campus, District, or student use.
• Violating terms of applicable software licensing agreements or copyright laws
• Publishing copyrighted material without the consent of the owner on District websites in violation of copyright laws
• Downloading of unlicensed or copyrighted movies or music for other than legally authorized uses or uses authorized by the District
• Illegally downloading the “codes” to copyrighted material even if the software in question is not downloaded
The interaction of a user’s personal computing equipment, connected to the District Network, is subject to the procedures in this document. Contents of a user’s personal computing equipment are subject to search by the District only by legal warrant.
There may be times when a District employee may be exempted from certain provisions of these procedures in order to perform their duties or assignments that are an established part of their job.
Should an employee be directed by a supervisor to perform an activity they believe may be in violation of this policy, or if they are given a directive which inhibits the employee in performing his/her duties or assignments, the employee may request that the directive and/or permission for exception be put in writing and signed by the supervisor.
Activities by technical staff as authorized by appropriate District or college officials that take action for security, enforcement, technical support, troubleshooting or performance testing purposes will not be considered abuse of the District Network.
Although personal use is not an intended use, the District recognizes that the District Network will be used for incidental personal activities and will take no disciplinary action provided that such use is within reason and provided that such usage is ordinarily on an employee’s own time, is occasional and does not interfere with or burden the District’s resources. Likewise, the District will not purposefully surveil or punish use of the network for union business-related communication between employees and their unions.
Complaints by Bargaining Unit Employees or Students Regarding Enforcement of the Electronic Use Policy
A bargaining unit employee who asserts that the District or District personnel have violated this policy may file a grievance per that user’s current collective bargaining agreement. A student who asserts that the District or District personnel have violated this policy may file a grievance per his/her college’s student grievance procedure.
Higher Education Opportunity Act of 2008 (HEOA) Notification
It is the Coast Community College District’s intent to fully conform to the requirements of section 668.14 of the Higher Education Opportunity Act of 2008 (HEOA), commonly known as the Peer-to-Peer provision. The District maintains Policies and Procedures necessary to ensure that copyright violations and improper computer use are prohibited within the District and its colleges, and that Student users face possible disciplinary consequences for such unlawful use. The District requires that each new user, including students, to affirmatively confirm, by use of a dialogue box at the time of log-in, that the user has reviewed the District’s applicable policies and the District’s HEOA Compliance Plan concerning peer-to-peer file sharing and copyright responsibilities as a necessary step for their logging onto District or its colleges’ computer networks.
Peer-To-Peer (P2P) File Sharing Can Infringe Copyright Laws
Unauthorized use of, or distribution of copyright protected materials, including the use of Peer-to-Peer (P2P) software to distribute such protected materials, may be actionable in both criminal and civil courts, if a court determines that users have infringed on copyright protections. Copyright protections may be infringed through the practice of copying and distributing protected work without permission of the owner. If you use P2P software to infringe copyright, you may liable civilly and/or criminally for copyright infringement. There are significant economic and criminal penalties associated with copyright infringement actions.
Copyright infringement constitutes a severe violation of District policy and may subject the violator to the student disciplinary process. The student disciplinary actions that the District could take against student users are described in the Coast Community College District’s Student Code of Conduct. Please note that any disciplinary action taken against a student user by District under District policy does not prevent the content owner, or law enforcement from initiating a criminal or civil proceeding against the student. A content owner may bring an infringement claim, and by law would be entitled to a minimum of $750 for each infringement; if intent to infringe copyright is demonstrated, statutory damages may go as high as $150,000 per infringement. Copyright infringements and unauthorized Peer-to-Peer (P2P) Activities will subject District Students to Discipline under the District’s Student Code of Conduct.
Intentional file sharing of material when the student user does not have the copyright holder’s permission is a violation of the District’s Computer Use Policy. Such a violation subjects the student user to the District’s Student Code of Conduct disciplinary process. District Policies and Student Disciplinary Procedures serve to protect the District, its Colleges, and other students from harm for the conduct of individual violators.
Users of file sharing programs should be aware of the criminal, civil, and student discipline liabilities that they create for themselves by using such programs on the District’s or its Colleges’ computer networks.
You can review the District’s HEOA Compliance Plan, the District’s Student Code of Conduct, the District’s Computer use Policy, and helpful tools to assist you in evaluating your use of copyrighted materials at: www. cccd.edu/facultystaff/riskservices/ copyrightchecklist.aspx
STUDENT AND STAFF EMAIL
As a form of communication, most email is not secure in the same manner as mail processed by the United States Postal Service and/or other primary carriers. Because of this fact, there should be no expectation of privacy. While the college takes precautions to protect the privacy of your email address as well as your email correspondence, privacy cannot be assured. A good rule to follow when using email, in general, is to treat email correspondence similar to a post card instead of sealed envelope. Because of the manner in which email can be forwarded, it may easily become public information. As a public agency the college may be obligated to release copies of this type of correspondence based on provisions in the Freedom of Information Act and/or a related court order to provide certain records.
COURSEWORK AND COMPUTERS
Increasingly instructors and publishers are utilizing various forms of mediated instruction, assignments and or testing methodologies which require the use of a computer with Internet access as well as CD-ROM capabilities. The college provides a number of different ways for students to complete these types of mediated assignments. Frequently, students who have access to the Internet and computers with the necessary equipment complete their assignments off-site. Students wishing to complete assignments on campus may ask their instructor for suggestions regarding the most appropriate facility to complete that assignment. Additionally, students may inquire at the Student Computer Center in the Learning Resource Center (LRC), Student Success Center, any Open Lab, or the Public Library.
ACADEMIC FREEDOM BOARD POLICY 4030
Title 5, Section 51023
Accreditation Standard II.A.7
Agreement between the Coast Federation of Educators American Federation of Teachers Local 1911 and Coast Community College District August 11, 2011-June, 2012
Recognizing that free search for truth and the expression of diverse opinions are essential to a democratic society, both the District and the Federation will affirm the principles of academic freedom, with the understanding that
a.) Academic Freedom is essentially the right of faculty to express or discuss in their classrooms and throughout the District challenging ideas and topics related to courses they teach and their own academic, professional expertise. The primary responsibility is to achieve the objectives of the course outline of record. This does not preclude Faculty Members from using their professional judgment in discussing other topics with their students when aimed at enhancing student learning. The expression of this right is guided by a deep conviction of the worth and dignity of students and the advancement of their knowledge.
b.) Academic Freedom includes the right of faculty to create and to use instructional materials that may be thought-provoking or controversial and are relevant to the courses they teach to enhance student learning. These rights notwithstanding, Academic Freedom is to be practiced within the parameters of commonly recognized standards of teaching, professional conduct, and applicable policies and laws.
c.) Faculty Members recognize the special responsibilities placed upon them. These responsibilities include the obligation to exercise critical self-discipline and sound judgment in using, extending, and transmitting knowledge. In the conduct of their teaching and professional lives, faculty members demonstrate intellectual honesty and devotion to continual improvement of scholarly competence.
With the shared understanding of the rights and responsibilities, Academic Freedom will be promoted and protected.
A Faculty Member’s exercising of his/ her right of academic freedom as delineated below shall not be subject to any adverse action affecting the Faculty Member’s employment status with the District:
a.) For the development and publication of instructional materials, as well as the interpretation of course content and adoption of innovative instructional methods compatible with the course outline of record and standards accepted within the academic community;
b.) For exercising freedom to examine or endorse unpopular or controversial ideas within their fields of professional expertise as appropriate to course content, discussions with students, or academic research or publication. In so doing, the Faculty Member shall attempt to be accurate, fair, objective, and show respect for diverse opinions;
c.) For using or recommending, within the parameters of (a) above, instructional materials which may challenge prevailing social attitudes, or contain unpopular or controversial ideas;
d.) For presenting all points of view in teaching and discussing controversial ideas or content in their courses and for including library materials of broad and diverse interest, information and enlightenment without prejudice in regards to the race/ethnicity, gender, sexual orientation, nationality, social, political or religious views of the authors;
e.) For expressing in an appropriate forum the Faculty Member’s viewpoint on matters of College and District policy.
f.) In collegial life, for example, for participation in the governance of their colleges, and engaging in the collegial expression of opinions in their department, college, and/or District meetings.
Political activities on college campuses shall be governed by District policies and procedures which shall be in accordance with the requirements of applicable Federal and State law.
The District shall respect the Faculty Member’s right in public life to exercise freedom of speech, freedom of association, freedom of union activity, and freedom to express expert opinions in a public forum provided it is clear that the Faculty Member is not speaking or acting on behalf of the District.
Adopted February 5, 2003
Renumbered from CCCD Policy 030- 3-1.5,
Fall 2010 Revised January 15, 2014
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