A. Day(s): Those days, Monday through Friday, when the District is open to the public.
B. Discipline Officer: The Discipline Officer is the Vice-President of Student Services or designee.
C. District: Sierra Joint Community College District, including its officers, agents, employees or members of the Board of Trustees.
D. Expulsion: Permanent exclusion of the student by the Board of Trustees.
E. Informal Agreement: A written agreement between the Disciplinary Officer and the student resolving the disciplinary problem. If the student does not comply with the informal agreement, disciplinary proceedings shall be re-instituted against the student at the discretion of the Disciplinary Officer, unless the informal agreement provides otherwise. Failure by the student to comply with the informal agreement is itself a separate cause for discipline.
F. Instructor: Any academic employee of the District in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has responsibility for the student’s educational program.
G. Mail: Whenever this policy calls for or permits a written notice or other communication to be given, mailing by certified mail, regular mail and/or by electronic communication and addressed to the last known address of the student shall be deemed to be sufficient compliance with the provision. The District will use reasonable means to transmit notice and communications, using the information provided by the student. It is the student’s responsibility to ensure that the District has current contact information at all times. A student’s failure or refusal to sign a receipt to indicate it was received shall not invalidate the contents of the notice. Personal delivery shall also be deemed compliant with any mailing requirement. Any mail sent to the student’s last known mailing address shall be presumed to be received by the student.
H. Removal from class: Exclusion of the student by an instructor for the day of the removal and the next class meeting. Decisions on such removals shall be final and cannot be appealed.
I. Student: Any person currently enrolled as a student in any course or program offered by the District.
J. Suspension: Exclusion of a student for good cause. Students may have other disciplinary action imposed other than suspension. These shall be determined by the Disciplinary Officer.
K. Warning: A verbal or written notice to the student that continuation or additional violations of code of conduct may be cause for subsequent disciplinary action. A written record of the fact that a verbal warning has been issued may become part of a student’s record at the District for a period of up to one year. Failure of the District to expunge the written record of a verbal warning after one year shall not be the basis for any legal action against the District. Written warnings shall become part of a student’s permanent record at the District.
L. Withdrawal of Consent to Remain on Campus or District-controlled property: Withdraw of consent to remain on any campus or District-controlled property may be imposed by the Disciplinary Officer or designee on any person to remain on campus in accordance with California Penal Code Section 626.4 where there is reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility.
The Disciplinary Officer or designee may notify any person that consent to remain on the campus or other District-controlled facility has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of such campus or facility. If the person is on campus at the time, he/she must promptly leave or will be escorted off campus. If consent is withdrawn by the Disciplinary Officer or designee a written report will be promptly made to the Vice President, Student Services.
The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the period of the withdrawal. The written request shall state the address to which notice of hearing is to be sent. The request shall be granted not later than seven (7) days from the date of receipt of the request. The hearing will be conducted in accordance with the provisions of this procedure relating to interim suspensions.
In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn.
Any person to whom consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn is guilty of a misdemeanor and is subject to arrest. This section does not apply to any person who enters or remains on such campus or facility for the sole purpose of applying for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal. (Penal Code 626.2 and 626.4)
Reference: Sierra College Administrative Procedure 5520
