Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with,
or following civil or criminal proceedings off campus at the discretion of the college official
responsible for administration of the Student Conduct Code. Determinations made or sanctions
imposed under this Student Conduct Code shall not be subject to change because criminal
charges arising out of the same facts giving rise to violation of college rules were dismissed,
reduced, or resolved in favor of or against the criminal law defendant.
B.
When a student is charged by federal, state or local authorities with a violation of law, the
college will not request or agree to special consideration for that individual because of his or her
status as a student. If the alleged offense is also being processed under this Student Conduct
Code, however, the college may advise off campus authorities of the existence of this Student
Conduct Code and of how such matters will be handled internally within the college community.
The college will cooperate fully with the law enforcement and other agencies in the enforcement
of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation
of student violators. Individual students and faculty members, acting within their personal
capacities, remain free to interact with governmental representatives as they deem appropriate.
Article IV: Student Conduct Code Procedures
1.
Charges and Student Conduct Board Hearings
A.
Any member of the college community may file charges against a student for violations of this
Student Conduct Code. A charge shall be prepared in writing and directed to the Student
Conduct Administrator. Any charge should be submitted as soon as possible after the event
takes place, preferably within thirty (30) days following the incident. Misconduct charges of a
sexual nature, including sexual harassment and sexual assault, should be sent to the vice
president of student affairs who is the designated Title IX Coordinator at each MCCCD college.
Title IX protects students from sexual misconduct and other forms of discrimination in
connection with all academic, extracurricular, athletic, and other programs sponsored by the
college at any college facility or other location. The Title IX Coordinator (or designee) will
conduct an investigation that is prompt, thorough, and impartial according to the MCCCD sexual
harassment complaint process.
B.
The Student Conduct Administrator may conduct a prompt, thorough, and impartial investigation
to determine if the charges have merit and/or if they can be disposed of administratively by
mutual consent of the parties involved on a basis acceptable to the Student Conduct
Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If
the charges are not admitted and/or cannot be disposed of by mutual consent, the Student
Conduct Administrator will convene the student conduct board. If the student admits violating
institutional rules, but sanctions are not agreed to, the hearing shall be limited to determining the
appropriate sanction(s).
C.
All charges shall be presented to the accused student in written form. The Student Conduct
Administrator will provide written notice of the time, date, and location of the student conduct
hearing. The notice will describe the evidence of alleged misconduct, the code provisions
violated, and the possible sanctions. The student conduct hearing notice, plus a copy of this
code, shall be provided to the student accused of misconduct no less than five (5) workdays
before the hearing date. The hearing will be held no more than fifteen (15) workdays after the
student has been notified unless the Student Conduct Administrator extends the deadline for
good cause in his or her sole discretion.
D.
Hearings shall be conducted by a Student Conduct Board according to the following guidelines,
except as provided by Article IV 1.G below:
i.
Student Conduct Board hearings normally shall be conducted in private.
ii.
The complainant, accused student and their advisors, if any, shall be allowed to attend
the entire portion of the Student Conduct Board hearing at which information is
received (excluding deliberations). Admission of any person to the hearing shall be at
the discretion of the Student Conduct Board and/or its Student Conduct
Administrator.
iii.
In Student Conduct Board hearings involving more than one accused student, the
Student Conduct Administrator, in his or her discretion, may permit the Student
Conduct Board hearing concerning each student to be conducted either separately or
jointly.
v.
The complainant and the accused shall have the right to be assisted by any advisor they
choose, at their own expense. A party who elects to be assisted by an advisor must
notify the student conduct administrator of the name and contact information of the
advisor not less than two (2) days before the scheduled hearing. The advisor must be
a member of the college community and may not be an attorney. Both the
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