The Board may accept, modify or reject the findings, decisions and recommendations
of the superintendent/president and/or the hearing panel. If the Board modifies or
rejects the decision, the Board shall review the record of the hearing, and shall
prepare a new written decision which contains specific factual findings and
conclusions. The decision of the Board shall be final. The final action of the Board on
the expulsion shall be taken at a public meeting, and the result of the action shall be a
public record of the District.
DUE PROCESS DISCIPLINARY PROCEDURES
LODGING OF CHARGES
Charges of misconduct against a student, as defined in Sections I through VII of
Board Policy 5500, may be lodged by any person who has personal knowledge
of facts indicating that the student participated in the alleged misconduct. Such a
witness shall hereinafter be referred to as the “complainant” and the person
being charged as the “accused.”
The complainant must first lodge his or her charge(s) with a responsible manager
at the level of director or above.
The responsible manager will review the charge(s). The manager will then either:
•
Attempt to informally resolve the issue(s); or
•
Recommend disciplinary action.
If the responsible manager recommends disciplinary action, he or she will
forward the charge(s) to the dean of student services, or his or her designee. The
dean of student services or his or her designee shall review the charge(s) and
make an independent determination as to whether or not the conduct charged
amounts to misconduct as defined in Items I through VII of Board Policy 5500
and whether disciplinary action should be brought against the accused.
If disciplinary action is appropriate, the dean of student services, or his or her
designee or appropriate administrator shall give the accused a written notice of
the lodging of charges, the specified acts of misconduct and the proposed
disciplinary action. The accused will be notified of his or her right to request a
hearing within five (5) business days. A copy of this policy will be included with
the notice. If the student does not request a hearing, the proposed disciplinary
action will be taken.
HEARING OF CHARGES
Scheduling of Hearing
Students who are placed on immediate suspension – If the student has
been suspended prior to a hearing, the hearing shall be commenced within
15business days of the ordered suspension.
Students who have not been placed on immediate suspension:
•
The accused shall receive written notice of the charge(s) giving rise
to the proposed disciplinary action;
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