Bakersfield College

Student Code of Conduct

The purpose of this administrative process is to provide a prompt and equitable means to address violations of the Student Code of 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. 

These administrative procedures are specifically 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. 

This section describes BC’s Student Code of Conduct. It 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 Student Code of Conduct.

The Director of Student Life is appointed by the Bakersfield College President as the President’s Designee to address and administer all student related judicial affairs (Student Code of Conduct, Academic Integrity, Students of Concern, and Student Complaint Process). 

Students are expected at all times to act in a manner consistent with Bakersfield College’s Student Code of Conduct which are set forth in the Student Handbook and the Kern Community College District Board Policy. This Student Handbook is available to all students and is also available online. 

A student’s failure to act in a manner consistent with Bakersfield College’s Student Code of Conduct shall constitute good cause for discipline, including but not limited to removal, suspension, or expulsion. The principal components of Bakersfield College’s Student Code of Conduct are stated in this Handbook. 

Since public education is furnished by the people, it is a privilege. The Board of Trustees of the Kern Community College District, in support of public education and the exercise of general supervision of the campuses, requires that student conduct must reflect the standards of appropriate behavior as defined in pursuant the Education Code. See Procedure 4F7 of the KCCD Board Policy Manual for Student Complaint Hearing Panel Procedures.

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. For specific guidelines regarding conduct, see KCCD Board Policy.

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 Board of Trustees, the College President or designee may 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. The Board of Trustees may exclude 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. 


 

4F7A Students shall respect constituted authority. This shall include conformance to Federal and State laws, Board regulations, College regulations, and applicable provisions of civil law.

4F7B 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. (For specific guidelines regarding conduct, see Policy 4F7D of the KCCD Board Policy Manual.)

4F7C 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.

4F7D The Board of Trustees, the College President or designee may 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. The Board of Trustees may exclude 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. As used in this section, good cause includes, but is not limited to the following offenses that may result in the imposition of sanction(s) (See Policy 4F7Eof the KCCD Board Policy Manual):

 

"Good cause" may be established by using appropriate investigation standards, such as:

  • Interview of witnesses
  • Review of Campus Security Report, if applicable
  • Review of written statements, if applicable
  • Review of pertinent documents, if applicable
  • Review of any other evidence, if applicable
  1. Persistent or gross acts of willful disobedience and/or defiance toward College personnel.
  2. Assault, battery, or causing, or attempting to cause, or threatening to cause physical injury to a student or District employee.
  3. Verbal abuse of a student or College employee. This includes, but is not limited to: defamation, obscenity, or “fighting words.” (Education Code Section 66301)
  4. Willful misconduct that threatens the health or safety of an individual or which results in injury or death to a student or District personnel at an event sponsored or supervised by the College.
  5. Theft of or damage to the property of the College, another student, or staff.
  6. Interference with the normal operations of the College (e.g., disruption of teaching and administrative functions, disciplinary procedures, pedestrian or vehicular traffic, or other College activities, including its public service functions).
  7. 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.
  8. Unauthorized entry into, or use of, College facilities, equipment, materials, or supplies.
  9. Abuse of and/or tampering with the registration process.
  10. Forgery, falsification, alteration, or misuse of College documents, records, or identification.
  11. Dishonesty such as cheating, plagiarizing, or knowingly furnishing false information to the College and its officials. See Appendix 4F7D of KCCD Board Policy Manual for Student Conduct Definitions of Plagiarism and Cheating. 
  12. Disorderly, lewd, indecent, or obscene conduct.
  13. Extortion.
  14. Breach of the peace on College property or at any College-sponsored or supervised function.
  15. The use, sale, possession, or being under the influence of alcohol or any other controlled substance prohibited by law, or possession of, or offering, or negotiating the sale of any drug or drug paraphernalia as defined in California Health and Safety Code Section 11014.5 on campus or at any function sponsored or supervised by the College.
  16. Illegal possession or use of firearms, explosives, dangerous chemicals, or other weapons on College property or at College-sponsored activities.
  17. Smoking and/or the use of tobacco products inside all campus buildings and other unauthorized campus areas.
  18. Failure to comply with directions of College officials, faculty, staff, or campus security officers who are acting in performance of their duties.
  19. 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.
  20. Harassment (verbal or physical or sexual) of any student or member of the College community. (Harassment is defined as an activity which causes substantial emotional distress and serves no legitimate purpose.) (See Policy 7D2 of the KCCD Board Policy Manual for a definition of sexual harassment.)
  21. Gambling. With the exception of a lottery approved by the Attorney General of the State of California. (Appropriate forms are available through the District’s General Counsel’s Office.)
  22. Engaging in discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race, or ethnicity, religion, sexual orientation or any other status protected by law. (See Policy 7D2 of the KCCD Board Policy Manual)
  23. Intimidating conduct or bullying (including cyberbullying) against another student or District personnel. 
  24. Abuse of computer resources. (See Policy 3E of the KCCD Board Policy Manual regarding Information Technology policies)
  25. Abuse of or disruption to the student conduct and/or complaint process, including but not limited to:
    1. Failure to obey the summons of a College official or appropriate committee.
    2. Falsification, distortion, or misrepresentation of information before a College official or appropriate committee.
    3. Disruption or interference with the orderly conduct of an official College proceeding.
    4. Attempting to influence the impartiality of a member of an official committee prior to and/or during the course of, an official College proceeding.
    5. Harassment and/or intimidation of any person involved in the conduct and/or complaint process, prior to, during, and/or after the proceeding.
    6. Failure to comply with the sanction(s) imposed under the Student Conduct Code.
    7. Influencing or attempting to influence another person to commit an abuse of the conduct or complaint process system.
    8. Repeated filing of frivolous and/or capricious complaints against College personnel.
  26. Violation of other applicable Federal, State, and local laws (e.g., hate crimes) and College rules and regulations.
  27. Persistent, serious misconduct where other means of correction have failed to bring about proper behavior.
  28. Assisting another person, or soliciting another person, in any of the offenses listed in numbers 1 through 26 of this policy.

Bakersfield College is now Tobacco-Free Campus per KCCD Administrative Procedure 3570

 

Sanctions

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 Code of Student Conduct, and more than one (1) of the sanctions listed below may be imposed for any single violation:

  1. WARNING: Verbal notification of the student by a faculty member or administrator that continuation of the conduct may be cause for further disciplinary action;
  2. 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;
  3. 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;
  4. RESTITUTION: Reimbursement to the College, as directed by the Administration, for repair or replacement of District property misused, misappropriated, or damaged by the student;
  5. 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. 
  6. 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
  7. 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.

4F7F The College President or designee shall report any violation of Penal Code Section 245 (assault with a deadly weapon) or Civil Code Section 52.1 and Penal Code Sections 422.6 through 422.95 (hate crime) to the appropriate law enforcement authorities. (Education Code Section 76035)

4F7G At a minimum, an instructor who determines that a student has cheated or plagiarized has the right to assign an "F" grade for the assignment or examination. However, each College may impose additional penalties as appropriate to their respective College discipline procedures. (See Appendix 4F7D of the KCCD Board Policy Manual for the definitions of plagiarism and cheating.)

4F7H Violation or violations of any law, ordinance, regulation, or rule regulating, or pertaining to, the parking of vehicles, shall not be cause for the suspension or expulsion of a student from a community college. 

Kern Community College District