Discipline Due Process

• Any member of the college community may make a complaint against a student with allegations of misconduct.
• Acts of sexual harassment shall be reported to the District Assistant Superintendent/Vice President, Human Resources. All other misconduct shall be reported to the Office of the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
• 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, providing a warning outlining the expected behavior in an effort to redirect the student. If the misconduct is severe or continues after warning, a report shall be submitted to the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
• 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 Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
• Any misconduct that is deemed dangerous or criminal shall be reported to Cuesta College Police immediately and then to the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
• Incidents should be reported within five days of becoming aware of the issue to the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
• The Student Conduct Incident Report Form is used to report any Student Code of Conduct violation(s).

1. Notice
   1. The Assistant Superintendent Vice President of Student Success & Support Programs or designee will provide the student with written notice of the alleged violation(s). The written notice will include the following:
      1. The specific Student Code of Conduct the student allegedly violated,
      2. A statement of the facts supporting the accusation(s),
      3. The student's right to meet with the Assistant Superintendent/ Vice President of Student Success & Support Programs  or designee to discuss and respond to the allegation(s),
      4. The student's right to have an advisor present during the meeting,
      5. Time, date and place of the Disciplinary conference meeting. and
      6. Possible sanctions resulting from violations of the Student Code of Conduct.
   2. The notice must be provided to the student within 20 days of the date on which the conduct was reported.
   3. If the student chooses to meet with Assistant Superintendent/Vice President of Student Success & Support Programs or designee, the meeting may occur no later than 15 days after the notice is provided.
   4. A request to reschedule the disciplinary conference meeting date up to one business day prior to the disciplinary conference meeting, due to academic or other reasonable conflicts, may be granted at the discretion of the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
2. Disciplinary Conference Meeting
   1. At the disciplinary conference meeting, the student will be informed orally or in writing of the facts on which the notice is based. The student will be given an opportunity to respond to the alleged allegation(s) and violation(s).
   2. If the student declines to meet with the Assistant Superintendent Vice President of Student Success & Support Programs 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 themselves at the disciplinary conduct meeting, and may, but is not required to bring a non‐attorney advisor of their choice. The student will be offered the opportunity to bring an advisor. Failure by the advisor to comply with their role will result in removal from the meeting.  

1. The Assistant Superintendent/Vice President of Student Success & Support Programs or designee shall issue a written notice of the decision to the student, within 15 business days of the date the conduct occurred that led to the decision to take disciplinary action, or within 10 days of an administrative determination based on the investigation.
2. If the student declines to meet with the Assistant Superintendent/Vice President of Student Success & Support Programs or designee, the proposed disciplinary action will be final. Written notice of the decision shall be provided to the student, within 15 business days after initial notice was issued. The notice shall include the reported facts supporting the disciplinary action, and the fact that the allegations were uncontradicted by the student due to them declining a meeting or failing to respond to the Assistant Superintendent/Vice President of Student Success & Support Programs or designee.
3. The Assistant Superintendent/Vice President of Student Success & Support Programs or designee may impose reasonable conditions for student’s continued enrollment and/or re‐enrollment. These conditions may include required participation in District student support services, such as but not limited to, academic counseling or mental health counseling, or private off‐campus services. 
4. If an immediate interim suspension sanction is imposed by the Assistant Superintendent Vice President of Student Success & Support Programs or designee, written notice of the decision shall be provided to the student within 10 business days after the disciplinary conduct meeting. The interim suspension shall be final.
5. If a disciplinary suspension or expulsion is recommended by the Assistant Superintendent/Vice President of Student Success & Support Programs or designee, written notice of the decision shall be provided to the student within 10 days after the disciplinary conduct meeting. The notice shall include the students' right to request a formal appeal hearing and a copy of the policy describing the procedures for the hearing.  

1. Warning – A notice to the student(s) that continuation or repetition of specified conduct may result in further disciplinary action. A warning will not become a part of a student’s record; however, it may be retained by the Assistant Superintendent/Vice President, Student Success & Support Programs for disciplinary tracking purposes.
2. Written or Verbal Reprimand – A reprimand records a student’s conduct in a specific instance that does not meet the District’s standards. It serves as 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 permanent record at the District for disciplinary reporting purposes.
3. Disciplinary Probation – Disciplinary probation shall be a trial period during which time the District will impose disciplinary conditions upon the student. At the end of the specific period the District shall determine whether the student has met the conditions, return the student to good standing, or impose additional disciplinary measures. Disciplinary probation may include restrictions such as no contact with a specified individual, removal from all District organization offices, services, or designated areas, denial of privileges to participate in all District or student-sponsored activities, including public performances, or both, and may be imposed for a specific period. If a student is found to have committed a subsequent violation of the Standards of Student Conduct while on probationary status, the student’s disciplinary probation status shall be considered in determining the penalty for the subsequent violation. Disciplinary Probation shall become part of a student's permanent record at the District for disciplinary reporting purposes.
4. Withdrawal of Consent to Remain on Campus – The Director  of Police and College Safety Services, also serving as the Chief of Police for the District or designee may withdraw consent 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 The withdrawal of consent shall not exceed 14 calendar days from the date upon which consent was initially withdrawn. Any person whose consent to remain on campus has been withdrawn and who knowingly reenters the campus during the period in which consent has been withdrawn, except for attending a meeting or hearing, with prior approval from the Assistant Superintendent/Vice President, Student Success & Support Programs or designee, is subject to arrest (Penal Code Section 626.4). If consent is withdrawn a written report must be promptly submitted to the Assistant Superintendent/ Vice President, Student Success & Support Programs or designee.
5. Removal from Class by Instructor (Education Code Section 76032) – An Instructor may order a student removed from their class for the day of the removal and the next class meeting for violating the Student Code of Conduct. The instructor shall promptly report the incident that led to the student (s) removal to the Assistant Superintendent/Vice President, Student Success & Support Programs or designee, as well as the appropriate Dean. The Dean may arrange for a conference between the Dean, student, and the instructor to discuss the removal. The student shall not be permitted to return to the class during the removal period. The Dean will provide an update of the meeting to the Assistant-Superintendent/Vice President, Student Success & Support Programs or designee. Nothing herein will prevent the Assistant Superintendent/Vice President, Student Success & Support Programs or designee from recommending disciplinary action in accordance with these procedures based on the facts which led to the removal. Records of the removal by the instructor will be retained by the Office of the Assistant Superintendent/Vice President, Student Success & Support Programs.
6. Removal from Facility/College District Entity – Any administrator or designee may remove a student from an activity, office, department, or other educational forum for the day of the incident and one additional instructional day. The administrator or designee shall immediately report the removal of the student to the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
7. Removal from an Academic Program – Temporary or permanent exclusion from a specified academic program at the College. ‐ 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. Monetary Restitution – Monetary restitution may be imposed whenever District property has been damaged or destroyed and/or when District funds have been fraudulently received or used for an unauthorized purpose. The Assistant Superintendent/Vice President, Student Success & Support Programs or designee will place a hold on all student records until the monetary restitution is resolved.
9. Immediate Interim Suspension (Education Code Section 66017) – The Assistant Superintendent/ Vice President, Student Success & Support Programs or designee may order the immediate suspension of a student if they conclude that immediate suspension is required to protect lives or property or to maintain order. In cases where an immediate interim suspension has been ordered, the time limits specified in these procedures shall not apply. A disciplinary conference meeting with the Assistant Superintendent/Vice President, Student Success & Support Programs or designee will be afforded to the student within 10 days of notification. The immediate interim suspension shall become part of a student's permanent record at the District for disciplinary reporting purposes.
10. Disciplinary Suspension – A disciplinary suspension sanction may result in the indefinite removal of a student from enrollment at the College. A student placed on disciplinary suspension may be prohibited from attending classes, accessing College facilities, contacting faculty, staff, students, or administrators, occupying any portion of the campus and may be denied participation in any or all sponsored District activities, or being present on College property without prior written authorization by the Assistant Superintendent/Vice President, Student Success & Support Programs or designee. Disciplinary suspension is a penalty for repeated, continued, or serious violations of the Standards of Student Conduct. The Assistant Superintendent/Vice President, Student Success & Support Programs or designee may exclude a student 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 or longer, the duration shall be specified in the suspension order. In every case of disciplinary suspension, the Assistant Superintendent/Vice President, Student Success & Support Programs or designee shall contact the student’s instructors and Campus Public Safety. Disciplinary suspension shall be initiated by the Assistant Superintendent/Vice President, Student Success & Support Programs or designee and are subject to the Due Process Hearing and Appeal Procedures. Disciplinary suspension shall become part of a student's permanent record at the District for disciplinary reporting purposes.
11. Expulsion – Expulsion is the permanent and unconditional removal of a student from the District for good cause when other means of correction fail to result in proper conduct, or when the presence of the student poses a continuing danger to the physical safety of the student or others. A student may be expelled only by the Board of Trustees upon the recommendation of the Superintendent/President. The expulsion of a student is initiated by the Assistant Superintendent/Vice President, Student Success & Support Programs or designee and is determined according to the Due Process Hearing and Appeal Procedures. The Expulsion shall become part of a student's permanent record at the District for disciplinary reporting purposes.
12.  Non-students – Admission or re-admission may be denied to any person who, while not enrolled as a student, engages in acts which would, if they were enrolled, constitute grounds for student discipline. The individual who is denied admission or re-admission shall be afforded the opportunity to meet with the Assistant Superintendent/Vice President, Student Success & Support Programs or designee to present reasons why they should be admitted or re-admitted.

The following disciplinary sanctions are not appealable: warning; written or verbal reprimand; disciplinary probation, removal from class; removal from an academic program; restitution; immediate interim suspension; and withdrawal of consent to remain on campus.

If either, disciplinary suspension or expulsion is recommended, the student may submit a timely request for an Appeal Hearing. If the student fails to respond within 3 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 three business days of receiving the decision from the Assistant Superintendent/Vice President, Student Success & Support Programs or designee regarding a disciplinary suspension, or recommended expulsion, the student may request a formal appeal hearing. The request must be submitted in writing and electronically to the Assistant Superintendent /Vice President, Student Success & Support Programs or designee.
   2. The grounds for an appeal are limited to errors in statement of facts, or violations of a student’s due process rights, and responses to each of the charges. Any charges to which a student does not respond to in the appeal request shall be deemed to be true.
      1. Errors in Statement of Fact. Factual evidence or information that is inaccurate, misleading or misinterpreted.
      2. Due Process: Specific instances of conduct where the accused student claims that the disciplinary process 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 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 the appeal hearing is received.
   2. Written notice to student will include the time, date, and place of the Formal Appeal Hearing. A student who fails to appear at the designated time and place for the Appeal Hearing shall be deemed to have waived their right to an Appeal Hearing, and the disciplinary sanctions outlines in the Statement of Charges shall be imposed and final.
3. Appeal Hearing Panel
   1. The hearing panel for any disciplinary action shall be composed of one administrator, one faculty member, one classified staff member, and one student.
   2. The Superintendent/President or designee shall appoint one member of the panel to serve as the chair. 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 other members of the panel to the contrary.
   3. The Superintendent/President or designee, the President of the Academic Senate, and the President of the Associated Student Organization shall each, at the beginning of the academic year, establish a list of at least five individuals from each group to serve on student disciplinary hearing panels. The Superintendent/ President or designee shall appoint the hearing panel from the names on these lists. However, no administrator, faculty member, or student who has any personal involvement in the matter to be decided, who is a necessary witness, or who cannot act in a neutral manner shall serve on a hearing panel.
4. Conduct of the Appeal Hearing
   1. The Appeal Hearing shall be closed and confidential. The hearing before the Appeal Committee is not a judicial proceeding.
   2. The student may represent themselves, and may, but need not, bring a non-attorney advisor if they choose. The advisor may advise the student but may not participate. Failure by the advisor to comply with this requirement will result in their removal from the hearing.
   3. The members of the hearing panel shall be provided with a copy of the accusation against the student, any written response provided by the student, and any other supporting documentation previously provided to the student before the hearing begins.
   4. The facts supporting the accusation shall be presented by a college representative who shall be the Assistant Superintendent/Vice President, Student Success & Support Programs or designee.
   5. The hearing shall be recorded by the District. The official recording shall be the only recording made. Anyone who refuses to be recorded may not be permitted to participate in the hearing. 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. The recording shall remain in the custody of the District at all times.

Within 20 days following the close of the hearing, the hearing panel shall prepare and submit a written recommended decision to the Assistant Superintendent/Vice President Student Success & Support Programs or designee. The recommended decision should include specific factual findings regarding the accusation and shall include specific conclusions regarding whether any specific section of the Student Code of Conduct violated. The decision shall also include a specific recommendation regarding the disciplinary action to be imposed, if any. The decision shall be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original accusation, the student’s written response, if any, and the oral and written evidence presented at the hearing. The Hearing Panel can recommend any of the following actions:

1. Agree with current charges and sanctions, and recommend suspension as determined by Assistant Superintendent/Vice President, Student Success & Support Programs.

2. Disagree with current charges and sanctions and recommend higher or lesser sanctions than originally determined by Assistant Superintendent/Vice President, Student Success & Support Programs or designee.

3. Disagree with current charges and sanctions, exonerate the student, and recommend the student be reinstated.

4. If the Appeal Panel disagrees with the recommendation of the Assistant Superintendent/Vice President, Student Success & Support Programs or designee, the Panel Chair will meet with the Assistant Superintendent/Vice President, Student Success & Support Programs or designee to discuss the reasoning. If an agreement cannot be met, the Assistant Superintendent/Vice President, Student Success & Support Programs will present recommendations to the Superintendent/President for a final decision.

1. Disciplinary Suspension

1. Written notice of the decision by Assistant Superintendent/Vice President, Student Success & Support Programs or designee shall be provided to the student within 20 days following the Appeal Hearing. The notice shall include:

   1. The reported facts of the allegations that support the disciplinary action.
   2. The length of time of the suspension.
   3. The violation(s) of the student code of conduct.
   4. Any specific requirements or conditions for reinstatement.
2. Where the Assistant Superintendent/Vice President, Student Success & Support Programs or designee determines that immediate notification of their decision is appropriate, the notice may be hand delivered by the Cuesta College Campus Police and/or sent as a confidential email attachment. In all cases, the District will send notice to the student by certified mail to the most recent address the student has on file with the District.

3. The student has no further right to appeal a disciplinary suspension, as the decision is final.

4. When the final decision is to suspend or expel a student, the Assistant-Superintendent/Vice President, Student Success & Support Programs or designee shall place an administrative hold on the student’s record, notify Admissions, Student Records and Registration to administratively withdraw the student and remove any outstanding enrollment charges, and notify the Financial Aid Office to cancel remaining financial aid.

B. Recommended Expulsion

1. If the Superintendent/President or designee supports the expulsion recommendation, the Board of Trustees shall hear the matter at the next regularly scheduled Board meeting or within 45 days of its presentation to the Superintendent/President, whichever is sooner. Until the matter is heard by the Board of Trustees, the student will remain on suspension status pending expulsion.

2. Written notice of the Assistant Superintendent/Vice President, Student Success & Support Programs or designee’s decision shall be provided to the student within 15 days following the Appeal Hearing. The notice shall include:

   1. The reported facts of the allegations that support the disciplinary action.

   2. The student code of conduct violations.

   3. Date of the scheduled Board of Trustees meeting when the matter will be presented.

   4. Option for the student to have the case heard as a public meeting, with the requirement to notify the Assistant Superintendent/Vice President, Student Success & Support Programs within forty-eight hours of receiving the notice if they choose this option.

3. 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).

4. Unless the student submits a request within forty-eight (48) hours of receiving the notice to have the Board of Trustees’ hearing held as a public meeting, the hearing to consider the matter shall be conducted in closed session. If the student submits a written request, the meeting shall be public except that any discussion involving the privacy rights of other students shall be held in closed session.

5. 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 (action item by the Board of Trustees).

The student shall be expelled if a majority of the members of the Board of Trustees present at the hearing vote to expel the student. If a majority of the members of the Board of Trustees do not vote to expel the student, they may, by a majority vote of the members:

1. Impose some lesser discipline;
2. Decide that no discipline should be imposed; or
3. Remand the matter to the Assistant Superintendent/Vice President, Student Success & Support Programs to further develop the factual record or impose a reduced disciplinary sanction.

The decision of the Board of Trustees is final. The Assistant Superintendent/Vice President, Student Success & Support Programs or designee shall notify the student of the Board of Trustees’ decision within 15 days following the Board meeting.

An individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy that occurred at or near the time of the incident, unless the District determines that the violation was egregious. Egregious violations include, but are not limited to, an action that places the health or safety of any person at risk, or involves plagiarism, cheating, or academic dishonesty.