Standards of Student Conduct
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The Bakersfield College's Standards of Student Conduct is available on the Kern Community College District Board Policy Chapter 5, Student Services, website. KCCD Board Policy 5500 lays out the Standards of Student Conduct and the disciplinary or grievance processes.
The purpose of KCCD Board Policy and Administrative Procedures 5500 is to provide a prompt and equitable means to address violations of the Standards of Student Conduct, which guarantees to the student or students involved the due process rights guaranteed them by state and federal constitutional protections. This process will be used in a fair and equitable manner, and not for purposes of retaliation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.
KCCD Board Policy 5500 is not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code Section 76120, and will not be used to punish expression that is protected.
The Standards of Student Conduct (otherwise known as the Standards of Student Conduct or the Conduct Code) specifies prohibited types of behavior and the sanctions that can be applied. Students may be accountable to both external authorities and to Bakersfield College for acts, which constitute violations of law and the KCCD Board Policies. Students are expected at all times to act in a manner consistent with the Standards of Student Conduct which is set forth in the Kern Community College District Board Policy.
Students shall respect constituted authority. This shall include conformance to federal and state laws, board regulations, college regulations, and applicable provisions of civil law. The District expects students to conduct themselves in a manner consistent with the educational purposes of the College. Student conduct should reflect consideration for the rights of others, and students are expected to cooperate with all members of the college community. A student's failure to act in a manner consistent with the Standards of Student Conduct shall constitute good cause for discipline, including but not limited to removal, suspension, or expulsion.
College personnel are responsible for communicating appropriate student conduct and for reporting any violations thereof, and the College President, or designee, shall have the right to administer suitable and proper corrective measures for misconduct. The Bakersfield College President has appointed the Dean of Students as the President's Designee to address and administer all student-related judicial affairs (Standards of Student Conduct violations, academic integrity, student discipline procedures, students of concern, behavioral intervention, any kind of harassment, and student grievances).
The Board of Trustees, the College President, or the designee, may temporarily suspend a student for good cause or when the presence of the student causes a continuing danger to the physical safety of the student or others. They may also exclude the student from attendance in regular classes any student whose physical or mental disability is such as to cause his or her attendance to be inimical to the welfare of other students.
The Standards of Student Conduct:
The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension, or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under BP 3430 Prohibition of Sexual Harassment:
- Causing, attempting to cause, or threatening to cause physical injury or verbal abuse or threat of force or violence, to the person, property, or family of any member of the college community, whether on or off District property.
- Possession, sale or otherwise furnishing any weapon, firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife, or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a District employee, which is concurred in by the college president.
- Unlawful possession. use, sale, offer to sell, or furnishing, or being under the influence of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.
- Committing or attempting to commit robbery or extortion.
- Causing or attempting to cause damage to District property or to private property on campus.
- Abuse of computer and technology resources (see BP 3725: Information and Communications Technology Accessibility and Acceptable Use).
- Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
- Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.
- Sexual assault or sexual exploitation regardless of the victim's affiliation with the District.
- Committing sexual harassment as defined by law or by District policies and procedures.
- Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
- Engaging in intimidating conduct or bullying against another student through words or actions. including direct physical contact verbal assaults, such as teasing or name-calling, social isolation or manipulation, and cyberbullying.
- Stalking, defined as a pattern of conduct by a student with the intent to follow, alarm, or harass another person, and which causes that person to reasonably fear for his or her safety, and where the student has persisted in the pattern of conduct after the person has demanded that the student cease the pattern of conduct. Violation of a restraining order shall constitute stalking under this policy.
- Willful misconduct which results in injury or death to a student or to college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
- Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of or persistent abuse of college personnel or violating the rights of other students.
- Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty. (See AP 5500 Standards of Student Conduct for the definition of Cheating and Plagiarism).
- Dishonesty, forgery, alteration or misuse of college documents, records or identification, or knowingly furnishing false information to the District.
- Misrepresentation of oneself or of an organization to be an agent of the District.
- Failure to identify oneself when on College property or at a College-sponsored or supervised event, upon the request of a College official acting in the performance of his/her duties.
- Unauthorized entry upon or use of college or District facilities.
- Breach of the peace, lewd, indecent, or obscene conduct on District-owned or controlled properly or at District-sponsored or supervised functions.
- Engaging in expression which is obscene, libelous, or slanderous, or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the College or District.
- Persistent, serious misconduct where other means of correction have failed to bring about proper conduct or where the presence of the student causes a continuing danger to the physical safety of students or others.
- Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any District policy or administrative procedure.
- Use of personal portable sound amplification equipment and other electronic devices (radios, cell telephones, pagers, and tape players, etc.) in a manner that disturbs the privacy of other individuals and/or the instructional program of the College.
- Abuse of and/or tampering with the registration process.
- Abuse of or disruption to the student conduct and/or complaint process, including
but not limited to:
- Failure to obey the summons of a College official or appropriate committee.
- Falsification, distortion, or misrepresentation of information before a College official or appropriate committee.
- Disruption or interference with the orderly conduct of an official College proceeding.
- Attempting to influence the impartiality of a member of an official committee prior to and/or during the course of an official College proceeding.
- Harassment and/or intimidation of any person involved in the conduct and/or complaint process, prior to, during and/or after the proceeding.
- Failure to comply with the sanction(s) imposed under the Student Conduct Code.
- Influencing or attempting to influence another person to commit an abuse of the conduce or complaint process system.
- Repeated filing of frivolous and/or capricious complaints against College personnel.
- Violation of other applicable Federal, State, and local laws (e.g., hate crimes) and College rules and regulations.
- Assisting another person, or soliciting another person, in any of the offenses listed in BP 5500 Standards of Student Conduct.
Bakersfield College is now Tobacco-Free Campus per KCCD Administrative Procedure 3570
In accordance with the provisions of Education Code Sections 76031 and 76037, the Board of Trustees provides for the following sanctions for violations of the Standards of Student Conduct, and more than one (1) of the sanctions listed below may be imposed for any single violation:
- WARNING: Verbal notification of the student by a faculty member or administrator that continuation of the conduct may be cause for further disciplinary action;
- CENSURE: A written reprimand or warning to the student by a faculty member or administrator; written referral of the student to a College office or community agency for counseling or rehabilitative treatment;
- PROBATION: Prohibition of the student by the Administration from participating in designated privileges of College activities for a period of up to one (1) semester or other stipulated requirements to conform to specified standards or conduct;
- RESTITUTION: Reimbursement to the College, as directed by the Administration, for repair or replacement of District property misused, misappropriated, or damaged by the student;
- REMEDIAL MEASURES: Corrective actions, pieces of training, or activities can be imposed to remedy offensives to ensure the student is in proper conduct (for example, reflective papers, community service, risk assessment, workshop attendance);
- INTERIM ADMINISTRATIVE HOLD: An interim action placed on a student's college records when the student fails to engage in the student conduct process or is unresponsive to Remedial Measures previously placed/sanctioned upon the student;
- SHORT-TERM SUSPENSION: Exclusion of the student by the College President or designee, for good cause from one or more classes for a period of up to ten consecutive days of instruction;
- LONG-TERM SUSPENSION: Exclusion of the student by the College Vice President or designee, for good cause from one or more classes for the remainder of the academic school term, or from all classes and activities of the college for one or more terms.
- TEMPORARY REMOVAL: A faculty member may remove a student from his or her class for the day of the removal and the next class meeting. The faculty member shall immediately report the removal to the College President or designee for appropriate action. During the period of removal, a student shall not be returned 70 to the class from which he or she was removed without the concurrence of the faculty member of the class. Whenever a minor is removed from a class, the parent or guardian shall be notified in writing by the College President or designee. If the student removed from class by a faculty member is a minor, the College President or designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the faculty member or the parent or guardian so requests, a College administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he/she was removed without the concurrence of the faculty member of the class. Whenever a minor is removed from a class, the parent or guardian shall be notified in writing by the College President or designee. If the student removed from class by a faculty member is a minor, the College President or designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the faculty member or the parent or guardian so requests, a College administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he/she was removed without the concurrence of the faculty member of the class.
- SUSPENSION: Exclusion from any or all classes and activities of the College and from use of any District facilities. The College President or designee may suspend a student for good cause as follows: (a.) From one (1) or more classes for a period of up to ten (10) days of instruction. (b.) From one (1) or more classes for the remainder of the school term. (c.) From all classes and activities of the College for one (1) or more terms. In all cases of suspension, the student shall receive official notice from the College President or designee. No student shall be suspended unless the conduct for which he/she is to be disciplined is related to College activity or campus attendance. Suspensions of any student from the College shall be accompanied by a prompt hearing unless the charges have been disposed of administratively by mutual consent, or the student sends a written notification to the President of the College or designee indicating that he/she does not want to proceed with the hearing. [See Procedure 4F7 of the KCCD Board Policy Manual for Student Conduct Hearing Panel Procedures] If an immediate suspension is required in order to protect lives or property and/or to ensure the maintenance of order, a reasonable opportunity shall be afforded the suspended person for a hearing within ten (10) days of the suspension. During the period of suspension, a student shall not be permitted to enroll in any College in the District. The College President shall report all suspensions of students to the Chancellor of the District. Whenever a minor is suspended from a College, the parent or guardian shall be notified in writing by the College President or designee. The parent or guardian of the student shall be asked to a conference regarding the removal; and
- EXPULSION: Termination of the student status by the Board of Trustees on the recommendation of the Chancellor. No student shall be expelled unless the conduct for which he/she is to be disciplined is related to College activity or campus attendance. Expulsion of any student from the District shall be accompanied by a prompt hearing. [See Procedure 4F9(b) of the KCCD Board Policy Manual for Student Conduct Hearing Panel Procedures]. If an immediate expulsion is required in order to protect lives or property and/or to ensure the maintenance of order, a reasonable opportunity shall be afforded the expelled person for a hearing within ten (10) days of the expulsion. In cases of expulsion, the Chancellor or designee shall recommend action to the Board of Trustees after receiving the College President's recommendation and supporting documentation, including the hearing panel's recommendation and the hearing record. After Board action, the Chancellor or designee shall notify the student by registered mail, return receipt requested. The expulsion may be for a specified or unspecified time and shall be from all Colleges, programs, and activities of the District. In expulsion for an unspecified time, the student may, after a reasonable time, request the College President to remove the expulsion. If the College President approves the request, he/she shall make that recommendation to the Chancellor or designee who may recommend to the Board that the expulsion be removed. The Chancellor or designee shall notify the student of the Board's action.
Timeline and Appeals
Each case is handled individually and, while due process is always provided, every procedure outlined in the Standards of Student Conduct may not be used in a particular case. All deadlines and time requirements in a case may be extended for good cause as determined by the Hearing Officer or upon the agreement of the Office of Student and the charged student. Requests for extensions of deadlines must be made in writing to the Hearing Officer, and the Hearing Officer will notify parties whether or not the extension is granted, and if an extension is granted, the specific date of the new deadline or event.
Within ten (10) instructional days of the emailing of the written notification of the Hearing Officer's final decision, either the charged student may submit a written appeal to the Vice President for Student Affairs or his/her designee. When such an appeal is timely submitted by a party, the Vice President or his/her designee must promptly send a copy of the appeal to the other party. Within ten (10) instructional days of receiving the copy, the other party may submit a written response to the Vice President or his/her designee.
Standard of Evidence
When deciding regarding responsibility, the Hearing Officer will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. The Hearing Officer may not make credibility determinations based on an individual's status as a Complainant, Respondent, or witness. In evaluating the evidence, the Hearing Officer will use the preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the Hearing Officer will decide whether it is more likely than not that the incident occurred.