Chabot College 2024-2026 125 STUDENT RIGHTS AND RESPONSIBILITIES Expulsion Within 10 days following receipt of the hearing panel’s recommendation, the Chancellor/Designee shall render a written recommended decision to the Board of Trustees. The Chancellor/Designee may accept, modify, or reject the findings, decisions and recommendations of the hearing panel. If the Chancellor/Designee modifies or rejects the hearing panel’s decision, upon review of the record of the hearing, they shall prepare a new written decision which contains specific factual findings and conclusions. The Chancellor/Designee decision shall be forwarded to the Board of Trustees. Board of Trustees Decision The Board of Trustees shall consider any recommendation from the Chancellor/Designee for expulsion at the next regularly scheduled meeting of the Board after receipt of the recommended decision. 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). The student shall be notified in writing, by registered or certified mail to the address last on file with the District, or by personal service, at least three (3) days prior to the meeting, of the date, time, and place of the Board’s meeting. The student may, within 48 hours after receipt of the notice, request that the hearing be held as a public meeting. Even if a student has requested that the Board consider an expulsion recommendation in a public meeting, the Board will hold any discussion that might conflict with the right to privacy of any student other than the student requesting the public meeting in closed session. The Board may accept, modify, or reject the findings, decisions, and recommendations of the Chancellor/Designee, college President, or the hearing panel. If the Board modifies or rejects the decision, the Board shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the Board shall be final. 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. Time Limits Any times specified in these procedures may be shortened or lengthened if there is mutual concurrence by all parties. Also see BP/AP 5500 Standards of Student Conduct and AP 5530 Student Rights and Grievances. Adopted: March 18, 2014; Revised August 2016 Board Reviewed: January 18, 2022 DISTRICT ADMINISTRATIVE PROCEDURE AP 5530 STUDENT RIGHTS AND GRIEVANCES REFERENCES Education Code Section 76224 subdivision (a); ACCJC Accreditation Eligibility Requirement 20; ACCJC Accreditation Standard 2 The purpose of this procedure is to provide a prompt and equitable means of resolving student grievances. Grievance: A claim by any student who reasonably believes a college decision or action has adversely affected their status, rights, or privileges as a student. A Grievance includes but is not limited to, claims regarding: • Course grades, to the extent permitted by Education Code Section 76224 subdivision (a), which provides: “When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.” “Mistake” may include, but is not limited to errors made by an instructor in calculating a student’s grade and clerical errors; • The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120. A Grievance is not: • Student disciplinary actions, which are covered under separate board policies and administrative procedures. • Financial Aid actions, which are covered under separate board policies and administrative procedures. • Police citations (i.e. “tickets”); complaints about citations must be directed to the County Courthouse in the same way as any traffic violation. DEFINITIONS Grievant – A student who has filed a Grievance. Party – The student or any persons claimed to have been responsible for the student’s alleged grievance, together with their representatives. “Party” shall not include the Grievance Hearing Committee or the College Grievance Officer. Student – A currently enrolled student, a person who has filed an application for admission to the college, or a former student. A grievance by an applicant shall be limited to a complaint regarding denial of admission. Former students shall be limited to grievances relating to course grades to the extent permitted by Education Code Section 76224(a).
