Discipline Due Process

1. Reporting Misconduct any member of the college community may make a complaint against a student with allegations of misconduct.  
2. Acts of sexual harassment shall be reported to the District Vice President of Human Resources & Title IX Coordinator. All other misconduct shall be reported to the Office of Assistant Superintendent/Vice President of Student Success & Support Programs, College Centers.  
3. Misconduct in the instructional setting may be addressed and resolved by the instructor. The instructor shall privately inform the student of the misconduct, either face to face or by email, with a warning and statement of expected behavior in an effort to redirect the student. The student, at this point, has the right to respond to the instructor’s allegations.  If the misconduct is severe, or continues after warning, a report shall be sent to the Office of Assistant Superintendent Vice President of Student Success & Support Programs, College Centers.  
4. Any member of the college community including District Police officers, administrators, students, faculty and staff may report misconduct in a non‐instructional setting to the Office of Assistant Superintendent Vice President of Student Success & Support Programs, College Centers.
5. Any misconduct that is deemed dangerous or criminal shall be reported to Cuesta Police immediately and then to Office of Assistant Superintendent Vice President of Student Success & Support Programs, College Centers.

1. Notice
   1. The Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee will provide the student with written notice of the alleged violations. The written notice will include the following:
      1. The specific Student Code of Conduct the student allegedly violated.
      2. Statement of the facts supporting the accusation(s)
      3. The right of the student to meet with the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee to discuss and respond to the allegations.
      4. Time, date and place of the Disciplinary conference meeting.
   2. The opportunity to request a reschedule of the disciplinary conference meeting date up to one (1) business day prior to the disciplinary conference meeting, due to academic or other
   3. The notice must be provided to the student within 20 days of the date on which the conduct took place.
   4. If the student chooses to meet with Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, the meeting may occur no later than 15 days after the notice is provided.
2. Disciplinary Conference Meeting
   1. At the disciplinary conference meeting, the student will be given orally or in writing the facts on which the notice is based. The student will be given an opportunity to respond to the alleged accusation and violations.
   2. If the student declines to meet with the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, or fails to attend the scheduled disciplinary conference, the proposed disciplinary action will be imposed and the disciplinary action decision will be final.  
   3. The student shall represent him or herself at the disciplinary conduct meeting, and may, but need not, bring a non‐attorney advocate they choose. The advocate may advise the student, but may not participate. Failure by the advocate to comply with this requirement will result in removal from the meeting.  

1. Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee shall issue a written notice of the decision to the student, within 15 business days of the date on which either the conduct occurred which led to the decision to take disciplinary action, or within 10 days of completion of an administrative determination based on the investigation.
2. If the student declined to meet with the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, the written notice of the decision shall be provided to the student within 15 business days after initial notice was provided.
3. Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee may impose reasonable conditions for student’s continued enrollment and/or re‐enrollment. Conditions may include required participation in District student support services such as academic counseling or mental health counseling, or private off‐campus services such as drug treatment programs. 
4. If a short‐term suspension sanction is recommended by the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, within 10 days after the disciplinary conduct meeting, written notice of the Superintendent/President or designee will decide whether to impose short‐term suspension, lesser disciplinary action, impose conditions for continued enrollment. The Superintendent/President or designee’s decision on a short‐term suspension shall be final.
5. If a long‐term suspension or expulsion is recommended by the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, within 10 days after the disciplinary conduct meeting, written notice of the Superintendent/President or designee’s decision shall be provided to the student. The notice shall include the right of the student to request a formal appeal hearing and a copy of the policy describing the procedures for a hearing.  

1. Removal from class – Exclusion of the student by an instructor, from his or her class, for the day of the removal and the next class meeting.
2. Notice to the student(s) that continuation or repetition of specified conduct may because for further disciplinary action.  
3. Written or Verbal Reprimand – An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. Written reprimands shall become part of a student’s record at the District for disciplinary reporting purposes and may be removed one year from the date of the incident, if there are no further reported incidents during that one‐year time period. A verbal reprimand will not become a part of a student’s record; however, it may be retained by the Office of the Assistant Superintendent/Vice President Student Success & Support Programs, College Centers or designee for purposes of disciplinary tracking. 
4. Withdrawal of Consent to Remain on Campus – Withdrawal of consent by the Director of Police and College Safety Services, also serving as the Chief of Police for the District, or designee, for any person to remain on campus in accordance with California Penal Code Section 626.4 where the Director of Police and College Safety Services or designee, has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus, shall not exceed fourteen (14) calendar days from the date upon which consent was initially withdrawn. Any person as to whom consent to remain on camps has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn, except to come for a meeting or hearing, with approval from the Assistant Superintendent Vice President of Student Success & Support Programs, College Centers or designee, is subject to arrest (Penal Code Section 626.4).
5. Restitution ‐ Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair, replace, or otherwise compensate for damages.
6. Short‐term Suspension – Exclusion of the student by the Superintendent/President or designee for good cause from one or more classes for a period of up to ten consecutive days of instruction.
7. Immediate Interim Suspension (Education Code Section 66017) ‐ The Superintendent/President or designee may order immediate suspension of a student where he/she concludes that immediate suspension is required to protect lives or property  or to ensure the maintenance of order.
8. Long‐term Suspension – Exclusion of the student by the Superintendent/President or designee for good cause from one or more classes for the remainder of the school term, or from all classes and activities of the college for one or more terms which duration shall be specified in the suspension order.  
9. Expulsion – Permanent exclusion of the student from the District for good cause when other means of correction fail to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others. An order of expulsion may also provide a date for when the student may apply for reenrollment. The Board of Trustees may also impose a suspended expulsion, on such terms as the Board of Trustees may determine appropriate.

The following disciplinary sanctions are not appealable: removal from class; warning; written or verbal reprimand; restitution; short‐term suspension.

If either, withdrawal of consent to remain on campus, long‐term suspension or expulsion is
recommended, the student may submit a timely request for an Appeal Hearing. If the student fails to respond within 5 business days after receipt of the Superintendent/President or designee’s decision or declines a formal appeal hearing, the Superintendent/President or designee’s decision on a long‐ term suspension or expulsion shall be final. 

1. Request for Appeal Hearing
   1. Within 5 business days after receipt of the Superintendent/President or designee’s decision regarding a long‐term suspension, or expulsion, the student may request a formal appeal hearing. The request must be made to the Superintendent/President or designee and must be submitted in writing or electronically.
   2. For a withdrawal of consent, if the person from whom consent has been withdrawn is a student, they may submit a written request for a hearing on the withdrawal within the period of the withdrawal. If the person from whom consent has been withdrawn is not a student, then he/she may submit a written request for a meeting with the Superintendent/President within the period of the withdrawal. Any person as to whom consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn, except to come for a meeting or hearing, is subject to arrest (Penal Code Section 626.4)
   3. The grounds for an appeal are limited to errors in statement of fact or violations of a student’s due process rights, along with a response to each of the charges. Any charges to which the student(s) does not respond shall be deemed to be true.
      1. Errors in Statement of Fact. Factual evidence or information that is inaccurate,
         misleading or interpreted.
      2. Due Process: Specific instances or conduct that the accused student claims resulted in a disciplinary process that was not conducted fairly in light of the allegations and information presented and/or that the student was denied a reasonable opportunity to prepare and to present a response to the allegation(s).
2. Schedule of Appeal Hearing
   1. The formal appeal hearing shall be held within 20 days after a formal request for hearing is received.
   2. Written notice to student will include: Time, date and place of the Formal Appeal Hearing. Student who fails to appear for the Appeal Hearing at the designated time and place shall be deemed to have waived his or her right to an Appeal Hearing and the discipline sanctions included in the Statement of Charges shall be imposed and final.
3. Appeal Hearing Pane
   1. The hearing panel for any disciplinary action shall be composed of one administrator, one  faculty member and one student.
   2. Hearing Panel Chair shall be appointed by the Superintendent/President or designee by a member of the panel. The decision of the hearing panel chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by both other members of the panel to the contrary.
4. Conduct of the Appeal Hearing
   1. Appeal Hearing shall be closed and confidential
   2. The student may represent themselves, and may also have the right to be represented by a person of their choice. If the student wishes to be represented by an attorney, a request must be presented not less than five days prior to the date of the hearing. If the student is represented by an attorney, the college representative may be assisted by an attorney. The appeal hearing panel may also request legal assistance; any legal advisor provided to the panel may sit in an advisory capacity to provide legal counsel but shall not be a member of the panel.
   3. All testimony shall be taken under oath; the oath shall be administered by the hearing panel chair. The hearing shall be recorded by the District. The official recording shall be the only recording allowed. No witness who refuses to be recorded may be permitted to give oral or written testimony. A witness who refuses to be recorded is not considered to be unavailable, and may not be permitted to give written testimony. In the event the recording is by audio recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name.
   4. Within 15 days following the close of the hearing, the appeal hearing panel shall prepare and   send to the Superintendent/President or designee a written recommended decision.

1. Immediate Interim Suspension
   1. The Assistant Superintendent/Vice President Student Services and College Centers or designee
      will provide the student with written notice of the conduct warranting the immediate interim
      suspension.
   2. If the student chooses to meet with the Assistant Superintendent/Vice President Student
      Success & Support Programs, College Centers or designee, the meeting must occur no later than
      15 days after the notice is provided.  The student must be given an opportunity to respond
      verbally or in writing to the accusations.
   3. If the recommended action is long‐term suspension, the student is afforded all rights, as delineated under the long‐term suspension section of these procedures. The interim suspension status remains in effect until the outcome of the recommended action is determined.
   4. If the student declines to meet with the Assistant Superintendent/Vice President Student Success & Support Programs, College Centers or designee, the Superintendent/President or designee, shall, pursuant to a recommendation from the Assistant Superintendent/Vice President Student Success & Support Programs, College Centers or designee, impose a long‐term suspension.  
   5. The decision of the Superintendent/President or designee shall be final. Written notice of the Superintendent/President’s decision shall be provided to the student. The District will send notice to the student by certified mail to last address the student has on file with the District
2. Long‐term Suspension
   1.  Within 10 days following receipt of the hearing panel’s recommended decision, the Superintendent/President or designee shall render a final written decision to the student.
   2. The Superintendent/President or designee may accept, modify or reject the findings, decisions
      and recommendations of the hearing panel. 
   3. The decision of the Superintendent/President or designee shall be final.
3. Expulsion
   1. Within 10 days following receipt of the hearing panel's recommended decision, the Superintendent/President or designee shall render written recommended decision to the Board of Trustees.
   2. The Superintendent/President or designee may accept,modify or reject the findings, decisions
      and recommendations of the hearing panel.
   3. The Superintendent/President or designee’s decision shall be forwarded to the Board of
      Trustees.   

1. Consideration of Expulsion Recommendation
   1. The Board of Trustees shall consider any recommendation from the Superintendent/President
      for expulsion at the next regularly scheduled meeting of the Board.
   2. The Board shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these
      procedures (Education Code Section 72122).
   3. . The student shall be notified in writing, by registered or certified mail or by personal service, at least three days prior to the meeting, of the date, time, and place of the Board's meeting. The student may, within forty‐eight hours after receipt of the notice, request a copy of the disciplinary hearing recording. If the recording was an audio recording, the District will request
      that the recording be professionally transcribed and the student shall be provided with a copy of the transcription.
   4. The student may, within forty‐eight hours after receipt of the notice, request that the hearing be held as a public meeting.
   5. The Board may accept, modify or reject the findings, decisions and recommendations of the Superintendent/President or designee or the hearing appeal panel. The decision of the Board shall be final.
   6. 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. Written notice of the Board’s final decision shall be sent to the student as soon as practicable after the Board meeting.