Discipline Due Process

The intention of the Student Discipline and Due Process Procedure is to resolve alleged violations of the standards of conduct in a fair, honest manner that honors the needs and protects the safety of the District community.

These procedures provide a prompt and equitable means to address violations of the Santa Rosa Junior College Student Standards of Conduct in accordance with the due process rights guaranteed to students. These procedures do not substitute for criminal or civil proceedings that may be separately initiated.

These procedures are not intended to infringe in any way on the rights of students to engage in protected free expression.

The Superintendent/President delegates general authority for the implementation of this Administrative Procedure to the Dean, Student Conduct or designee. The Dean of Student Services, Petaluma Campus shall be the Conduct Dean for student conduct matters at the Petaluma Campus.

 

  1. REPORTING MISCONDUCT
     
    1.  Any member of the college community may make a complaint against a student with allegations of misconduct. Acts of academic dishonesty such as cheating or plagiarism shall be reported to the Dean, Student Services for incidents at the Petaluma campus, and the Dean, Student Affairs and Engagement Programs for all other locations.
      Acts of sexual harassment shall be reported to the District Title IX Officer/Vice President, Human Resources. All other misconduct shall be reported to the Conduct Dean.
       
    2.  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 Department Chair and the Conduct Dean.
       
    3.  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 Conduct Dean.
       
    4.  Any misconduct that is deemed dangerous or criminal shall be reported to District Police immediately and then the Conduct Dean.
       
  2. INVESTIGATION AND ADMINISTRATIVE HEARING PROCESS
     
    1. Upon receiving the conduct referral, the Conduct Dean will investigate the allegations. If the Dean finds there are grounds for charges, a written Statement of Charges shall be provided to the student that will include a statement of the misconduct, the identified conduct violation charges, and the time, date, and place of the Administrative Hearing.  The student shall be asked to provide a written response to the Statement of Charges to the Conduct Dean no later than two (2) working days after the student’s receipt of the Statement of Charges.  The Statement of Charges may be amended at any time upon providing notice to the student of such amendment.
       
    2.  Representation and Advisors
      1.  The student shall represent him or herself at the hearing, and may, but need not, bring a non-attorney advisor he or she chooses. The non-attorney advisor may advise the student, but may not participate. Failure by the non-attorney to comply with this requirement will result in removal from the hearing.
      2.  The Conduct Dean may request that the District provide an attorney at the hearing to sit in an advisory capacity and to provide legal counsel. If the District intends to have an attorney assist the Conduct Dean during the hearing, it will notify the student not less than five (5) working days prior to the date of the hearing so that the student may decide whether to obtain his or her own attorney.
      3.  A student may have an attorney advisor only if (1) the District will have an attorney to assist the Conduct Dean during the hearing, or (2) if criminal charges related to the alleged student misconduct are pending against the student at the time of the hearing. The student is solely responsible for securing and compensating an attorney. The student must notify the District not less than five (5) working days prior to the date of the hearing that they will be accompanied by an attorney under this paragraph.
      4.  Attorneys who assist the Conduct Dean or a student may be present and provide advice to their client, but beyond stating their names for identification purposes, may not participate by examining witnesses, submitting or objecting to documents, making statements, or asking questions.
      5.  Any person licensed to practice law is considered an attorney for purposes of the hearing.
         
    3. The hearing shall be closed and confidential.
       
    4.  At the Administrative Hearing, the Conduct Dean shall give the student the opportunity to respond to the Statement of Charges.
       
    5. The Dean may conduct further investigation of the allegations and may require additional meetings with the student as part of the Administrative Hearing.
       
    6. The Dean and the student may discuss voluntary resolution/consent to discipline as part of the Administrative Hearing if deemed appropriate by the Dean.
       
    7. Waiver of Administrative Hearing
      1.  A student who fails to attend an Administrative Hearing without excusable reason shall be deemed to have waived his or her right to an Administrative Hearing. Excusable reason means inability to meet due to student’s hospitalization, incarceration, or other reason beyond the student’s control as determined by the Conduct Dean.
      2.  Following the Waiver of Administrative Hearing, the Conduct Dean will proceed to determine and provide notice to the student of the Administrative Decision.
         
  3. DETERMINATION AND NOTICE OF ADMINISTRATIVE DECISION/RECOMMENDATION
    The Conduct Dean shall issue a written notice of his or her Administrative Decision to the student including recommended sanction, within ten (10) working days of completion of the Administrative Hearing process or within ten (10) working days of the student’s waiver of hearing rights. The Conduct Dean may extend the time for issuing written notice if he or she determines an extension is appropriate to support a meaningful disciplinary process. The Administrative Decision shall be based on reasonable and relevant evidence. The Conduct Dean may consider the student’s disciplinary history at the District in reaching a decision or recommendation. The Administrative Decision shall include the Statement of Charges, indication of timely written response from the student, factual findings and conclusions as to which Standards of Student Conduct were violated and any discipline sanctions to be imposed.