Chabot College 2024-2026 121 STUDENT RIGHTS AND RESPONSIBILITIES • Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sexual assault, or stalking including a clear statement that: • Such proceedings shall provide a prompt, fair, and impartial resolution; • Such proceedings shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; • The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and • Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged domestic violence, dating violence, sexual assault or stalking, the procedures for the accused and victim to appeal the results of the disciplinary proceeding, of any changes to the results that occurs prior to the time that such results become final, and when such results become final. Compliance with this paragraph does not violate the Family Educational Rights and Privacy Act. For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and any sanction that is imposed against the accused. • A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking. EDUCATION AND PREVENTION INFORMATION The College Title IX Officer shall: • Provide, as part of each campus’ established on- campus orientation program, education and prevention information about domestic violence, dating violence, sexual assault, or stalking. The information shall be developed in collaboration with campus-based and community-based victim advocacy organizations, and shall include the District’s sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. • Post sexual violence prevention and education information on the campus internet website regarding domestic violence, dating violence, sexual assault, and stalking. Approved: August 18, 2015, Board Reviewed: March 16, 2021 DISTRICT ADMINISTRATIVE PROCEDURE AP 5520 STUDENT DISCIPLINE PROCEDURES REFERENCES Education Code Sections 66017, 66300, 72122, 76030, and 76030 et seq.; Penal Code Section 626.4 The purpose of this procedure 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 procedure 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. For discipline resulting from a sexual harassment complaint under Title IX, the procedure in AP 3434 Responding to Harassment Based on Sex under Title IX, must be used. DEFINITIONS: District: The Chabot-Las Positas Community College District. Student: Any person admitted or enrolled in Chabot – Las Positas Community College District instructional activities and services who was also enrolled at the time of the alleged violation of the Standards of Student Conduct. 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. Designee: A person designated by the college or District. The Vice President of Student Services or college President may name a designee for Vice President of Student Services. The campus safety administrator or President may name a designee for campus safety administrator. The Chancellor may name the college President or another designee for Chancellor. Short-Term Suspension: Exclusion of the student by the Chancellor or designee for good cause from one or more classes for a period of up to ten consecutive days of instruction.
