Modesto Junior College under the Yosemite Community College District Board Policy & Procedure 5500, Standards of Conduct, has specified those standards of student behavior which it considers essential to its educational mission and its campus life. These regulations are designed to represent reasonable standards of conduct. The Standards of Conduct governs the behavior of students and guests on campus, at facilities controlled by the District or college, and at college-sponsored activities. Violations of the codes may subject individuals to disciplinary action, which is consistent with the requirements of due process.

    
CAUSES FOR DISCIPLINARY ACTION

The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.

1. Causing, attempting to cause, or threatening to cause physical injury to another person.
2. Possession, sale or otherwise furnishing any 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 an appropriate District employee, with final approval by the college president or designee.
3. 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.
4. Committing or attempting to commit robbery or extortion.
5. Causing or attempting to cause damage to District property or to private property on campus.
6. Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
7. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.
8. Committing sexual harassment as defined by law or by District policies and procedures.
9. Engaging in harassing or discriminatory behavior based on race, religion, creed, color, national origin, ancestry, disability, sex (i.e., gender), marital status or sexual orientation or any other status protected by law.
10. 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.
11. Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
12. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty.
13. Dishonesty; forgery; alteration or misuse of college documents, records or identification; or knowingly furnishing false information to the District.
14. Unauthorized entry upon or use of college facilities.
15. Lewd, indecent or obscene conduct on district-owned or controlled property, or at District -sponsored or supervised functions.
16. 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 District.
17. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
18. Obstruction or disruption of teaching, research, administration, disciplinary proceedings, or other college activities, including its public service functions, or any other authorized activities. Pagers, cellular telephones and other similar electronic devices must be turned off in classrooms and other campus sponsored events unless authorized by an appropriate faculty or staff member. 

Board Policy 5500 ( Reference: Education Code Section 66300, 66301; Accreditation Standard II.A.7.b) 

Adopted: June 28, 2004 
Revision Adopted: April 8, 2009

 

DISCIPLINARY ACTION AND CONSEQUENCES

Violators of the Standards of Conduct are subject to the following types of disciplinary action, which will be administered by appropriate College personnel:

DisciplinaryAction	Description
Informal Reprimand	An oral admonition or warning to cease and desist from conduct that has been determined to violate the standards of conduct. A record of the fact that an informal reprimand has been given may be retained as part of a student's discipline record for a period of up to one year and is considered in the event of future violations of the standards of conduct during the period of retention. It is the student's responsibility to request that the record be removed upon expiration of the period of retention.
Formal Reprimand	Written admonition or warning to cease and desist from conduct that has been determined to violate the standards of conduct. A formal reprimand becomes part of a student's discipline record and is considered in the event of future violations of the standards of student conduct. It is the student's responsibility to request that the record be removed upon expiration of the period of retention.
Removal from Class	The involuntary removal of a student from class by an Instructor for a maximum period of two consecutive class sessions.
Removal from Facility	The involuntary removal of a student by an administrator from a District or College facility, or facility under the control of the District or College for a maximum period of two consecutive days.
Loss of Privileges	Disciplinary action involving the loss of certain student privileges, such as eligibility to participate in extracurricular activities, for a stated period of time.
Disciplinary Probation	A status between good standing and suspension or expulsion. It covers a stated trial period and disciplinary conditions required of the Yosemite Community College District. At the end of the trial period, it shall be determined, based on whether the probationary conditions have been met, whether the student is to be returned to good standing, suspended, recommended for expulsion, or subject to other disciplinary action.
Suspension	The involuntary removal of a student for good cause from one or more classes or from the college by action of the Student Discipline Officer for a limited period of time, as follows: Short-Term Suspension: Removal from one or more classes for a period of up to 10 consecutive days of instruction; Long-Term Suspension: Long-term suspension may consist of: i.  Removal from one or more classes for the remainder of the academic term; ii.  Removal from one or more classes for one or more academic terms; or iii.  Removal from all classes and activities of the College for one or more academic terms. A student placed on suspension from all classes and activities of a College may not be enrolled in any College or program in the District for the period of suspension.
Expulsion	The involuntary removal of a student from the District and all District programs for one or more terms, or permanently, by action of the Board of Trustees.

 

 

Due Process

The student disciplinary procedure is an administrative process, used to review alleged student conduct violations. Findings will be based upon a preponderance of the evidence. The following due process procedures are followed:

1. Student will be given written or verbal notice of the alleged violation.
2. Student will be given an opportunity to respond to the allegations.

 

Appeals

Students may appeal suspensions and expulsions.  Details regarding this process can be found under Section III. Procedures for Implementing Disciplinary Action of the MJC Standards of Conduct Booklet.  A pdf download is available at the top of this page.  Brief details are provided below.

1. Within five (5) days of receiving written notice of suspension or expulsion a student may submit to the Vice President of Student Services a written request for appeal.
2. If an appeal is submitted, the Vice President of Student Services shall meet with the student for an opportunity to respond to the charges.
3. Students shall receive notice of the determination of the Vice President within ten (10) days.

The following is not appealable:

a. Short-term suspension of up to ten (10) consecutive days of instruction and lesser disciplinary action.

 

General Information

 

1. No fees paid by or for a student for the term in which he/she is suspended shall be refunded.
2. The student suspected of a violation shall be regarded as “not in violation” until sufficient contrary information is uncovered.
3. Records of disciplinary action shall be kept in a separate file from the academic or grade records for a period of time not to exceed five years.
4. If the student is a minor, the Vice President of Student Services or designee shall notify the student’s parent or guardian of any disciplinary action and consequences. ED Code (76031).
5. All references to “days” in this document shall refer to days when District administrative offices are open for business.