College Policies and Procedures outlined in the Catalog were accurate at the time of publication. Changes do occur from time to time. The most up-to-date Board Policies and Administrative Procedures are published in the college website at www.deltacollege.edu/shared-governance/policies-procedures.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is the landmark federal law, originally known as the Campus Security Act, which requires colleges and universities across the United States to disclose information about crime on and around their campuses. Because the law is tied to participation in federal student financial aid programs it applies to most institutions of higher education both public and private. It is enforced by the U.S. Department of Education.
The “Clery Act” is named in memory of 19-year-old Lehigh University freshman Jeanne Ann Clery who was raped and murdered while asleep in her residence hall room on April 5, 1986. Jeanne’s parents, Connie and Howard, discovered that students hadn’t been told about 38 violent crimes on the Lehigh campus in the three years before her murder. They joined with other campus crime victims and persuaded Congress to enact this law, which was originally known as the “Crime Awareness and Campus Security Act of 1990.”
The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. The law was most recently amended in 2000 to require schools beginning in 2003 to notify the campus community about where public “Megan’s Law” information about registered sex offenders on campus could be obtained.
To view the Clery Report and other information regarding District security and safety, visit the San Joaquin Delta College District Police Department website at www.deltacollege.edu/department/district-police-department or call (209) 954-5000.
See BP/AP 3500 Campus Safety and BP/AP 3501 Campus Security and Access.
The District shall be free from all drugs and from the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees.
The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in all facilities under the control and use of the District.
Any student or employee who violates this policy will be subject to disciplinary action (consistent with local, state, or federal law), which may include referral to an appropriate rehabilitation program, suspension, demotion, expulsion, or dismissal.
The Superintendent/President shall assure that the District distributes annually to each student and employee the information required by the Drug-Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act.
(BP 3550, 9/8/09)
All prospective employees, volunteers, and student lab aides working at the Child Development Center (CDC) are required to have Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and Child Abuse Index clearances. In the event a student enrolled in a class requiring CDC lab hours does not receive Child Abuse Index clearance, the student shall be dropped from the class requiring the lab hours or assigned activities in the CDC unless other arrangements equivalent to the course requirements can be made with the faculty member in charge of the class.
(AP 7337, 1/17/13)
During an audible fire alarm activation or when ordered to leave by the police, emergency personnel, or college staff, please take the following actions:
- ALWAYS EVACUATE A BUILDING IF THE FIRE ALARM IS SOUNDING.
- Inform others in the building who may not have responded to the alarm to leave immediately.
- The alarm may not sound continuously. If the alarm stops, continue to evacuate the building and warn others who may attempt to enter the building.
- If time permits, turn off computers, unplug electrical equipment, take your purse or wallet, and close windows and doors before leaving.
- If you have a mobility impairment, request assistance from those nearest you. If no one is there to render assistance, proceed to the nearest stairway landing, and shout for help. Consultation about these procedures is available from the Police Department.
- When fire alarms sound, do not use the elevators. An elevator may become a trap. Assist (help carry, if necessary) all disabled persons in using the stairs.
- If there is a closed door in your exit path, touch the door lightly with the back of your hand to ensure it is not warm. If it is not warm, open slowly. Be prepared to close the door quickly if smoke or flames are present.
- If there is smoke in your only exit path, crawl on your hands and knees, keeping your head as close to the ground as possible to avoid inhaling toxic fumes.
- Relocate to a nearby parking lot and keep the pathways and roadways clear for responding emergency personnel.
- Do not return to the building until told to do so by the Police Department or emergency personnel.
No Habra Discriminación
De acuerdo con la legislación de los Derechos Civiles, San Joaquin Delta College proporciona servicios y beneficios a sus estudiantes sin importar la raza, color, origen nacional, sexo, edad o cualquier incapacidad. La falta del conocimiento de la idioma inglés no sera obstáculo para ser admitido y participar en los programas de educación vocacional.
(Título VII Acta de Derechos Civiles de 1964; Título IX de las Enmiendas de Educación de 1972; las Secciones 503 y 504 del Acta de Rehabilitación de 1973).
Para más información acerca de estas leyes y reglamentos comuníquese con la oficina de recursos humanos: (209) 954-5056.
- The Board of Trustees of San Joaquin Delta Community College District is committed to equal opportunity and nondiscrimination in education programs, employment, and all access to institutional programs and activities.
- As required by law, the District and each individual who represents the District shall provide access to its services, classes and programs and shall make all decisions regarding educational opportunities, recruitment, hiring, dismissal, compensation, promotions, and all other terms and conditions of employment without regard to grooming standards, hairstyles, national origin, immigration status, religion, religious dress, age, sex, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, military and veteran status, or any other legally protected class, or because they are perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.
- The Superintendent/President shall establish administrative procedures that ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Regulations of the Board of Governors of the California Community Colleges pursuant to Title 5 of the California Code of Regulations and those of other agencies that administer state and federal laws regarding nondiscrimination. (See AP 3410 and 3435 for additional information).
- No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on as set forth in item “B.”
(BP 3410, 2/1/22)
Principles of Community
San Joaquin Delta Community College District is committed to providing the campus community with a safe and collegial environment in which fear, intimidation and bullying are not tolerated. All employees, students, and volunteers are expected to treat each other with respect, dignity, and civility, recognizing that disagreement and informed debate are valued in an academic community. Treating others with civility and respect and refusing to perpetuate or tolerate bullying behavior are expected standards for district employees, volunteers, and students as well as vendors, independent contractors, and visitors to the College.
In accordance with this aim, the District will not tolerate behavior which insults, degrades, intimidates, threatens, or stereotypes any individual, race, gender, disability, physical characteristic, ethnic group, sexual preference, age, national origin, income level, or religion.
The spirit of the principles of community policy will be applied to all District employees, students, and volunteers. Conduct by employees or students that violate this policy may be addressed in accordance with appropriate disciplinary procedures.
(BP 3440, 5/20/14)
Prohibition of Harassment
All forms of harassment are contrary to basic standards of conduct between individuals. State and federal law and this policy prohibit harassment, and the District will not tolerate harassment. The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of unlawful harassment, including that which is based on any of the following statuses: grooming, national origin, immigration status, religion, standards, hairstyles, religious dress, age, sex, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, military and veteran status, or any other legally protected class, or because they are perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.
The District seeks to foster an environment in which all employees, students, unpaid interns, and volunteers feel free to report incidents of harassment without fear of retaliation or reprisal. Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of harassment or for participating in a harassment investigation. Such conduct is illegal and constitutes a violation of this policy. The District will investigate all allegations of retaliation swiftly and thoroughly. If the District determines that someone has retaliated, it will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion.
Any student, employee, unpaid intern, or volunteer who believes that they have been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in AP 3435, Discrimination and Harassment Complaints and Investigations. The District requires administrators, managers, and supervisors to report all incidents of harassment and retaliation that come to their attention.
This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities, and compensation.
To this end, the Superintendent/President, or designee, shall ensure that the institution undertakes education and training activities to counter harassment and to prevent, minimize, or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment.
The Superintendent/President, or designee, shall establish procedures that define harassment on campus. The Superintendent/President, or designee, shall further establish procedures for employees, students, unpaid interns, volunteers, independent contractors, and other members of the campus community that provide for the investigation and resolution of complaints regarding harassment and discrimination, and procedures to resolve complaints of harassment and discrimination. State and federal law and this policy prohibit retaliatory acts by the District, its employees, students, and agents.
The District will publish and publicize this policy and related written procedures (including the procedure for making complaints) to administrators, faculty, staff, students, unpaid interns, and volunteers particularly when they are new to the Institution/District. The District will make this policy and related written procedures (including the procedure for making complaints) in all administrative offices and will post them on the District’s website. Employees who violate this policy and related procedure are subject to disciplinary action, up to and including termination. Students who violate this policy and related procedures are subject to disciplinary measures up to and including expulsion. Unpaid interns who violate this policy and related procedures may be subject to disciplinary measures up to and including termination from the internship or other unpaid work experience program.
(BP 3430, 2/1/22)
Smoking on Campus
There shall be no smoking, use or sale of tobacco-related products on San Joaquin Delta Community College District property including all indoor and outdoor spaces owned, leased, licensed, or otherwise controlled by the District. The District shall provide and maintain a workplace and learning environment that is smoke and tobacco-free to promote the safety and health of students, employees, and the public.
Tobacco use is prohibited in all District owned and leased vehicles including vans, automobiles, buses, and all types of delivery, maintenance, and service vehicles.
The District will support and assist efforts to stop smoking by providing literature, referrals to community cessation programs, and by sponsoring periodic campus smoking cessation campaigns.
Implementation of the Smoke-Free Campus policy will be the shared responsibility of every visitor, student, faculty member, classified member, confidential member, manager, administrator, and Board member:
- Notification of the Smoke-Free Environment shall be published on a continual basis in the College Catalog, handbooks, websites, Class Schedules, and other appropriate locations.
- “Welcome to Delta College: We Are a Smoke-Free Campus” signs will be posted at major campus entrances.
- “No Smoking” signs may be posted at building entrances, breezeways, air intake systems, etc., as needed.
- No cigarette urns will be placed on District property.
To enforce smoking and tobacco control regulations and procedures, the Superintendent/President is authorized to:
- Smoking violations shall be subject to issuance of citations by the San Joaquin Delta College Police Department as provided for by state law. The fine shall be equal to the average fine of parking violations. The fine amounts will be imposed as follows: First violation will be $33.00; second violation will be $66.00; and, the third and subsequent violations will be - $100.00. Repeat violations will result in an increase of 100% of the original fine, not to exceed $100.
- An appeal process will ensure the due process of any person cited in accordance with District Policy. Appeals may be submitted in writing or online within 21 calendar days of issuance of the citation. The Appeals Committee shall consist of one representative from each of the bargaining units, one District representative, and one student representative.
- Students who fail to pay their fine will have a hold placed on their student account.
- Employees who fail to pay their fine will be reported to their Vice President for further action.
The San Joaquin Delta College Police Department may issue a citation to a person for violating Government Code 7596, 7597, and 7598 “Smoking in Public Buildings.” The citation issued in violation of a “Smoking in Public Buildings” section will be sent through the San Joaquin County Court adjudication process. Government Code 7597 (a) No public employee or member of the public shall smoke any tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building or in a passenger vehicle (as defined by section 465 of the Vehicle Code) owned by the state. “Smoking” means engaging in an act that generates smoke and/or vapors, such as possessing a lighted pipe; a lighted hookah pipe; operating an electronic cigarette; a lighted cigar; a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
(AP 3570, 12/17/13)
Title IX, Sexual Harassment, and Non-Discrimination Notice
San Joaquin Delta Community College District (hereinafter, “District”) adheres to all federal, state, and local civil rights laws prohibiting discrimination, harassment, and retaliation in employment and education. The District does not discriminate in its admissions practice, in its employment practices, or in its educational programs or activities on the basis of sex/gender (including pregnancy, childbirth, and breastfeeding), gender identity, gender expression, national origin, religion (including religious dress and grooming practices), age, race or ethnicity (including hair texture and protective hairstyles), color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, military and veteran status, or any other legally protected classification (hereinafter, “protected classifications”).
As a recipient of federal financial assistance for education activities, the District is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex/gender. Sex includes sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by District policy. In addition, the Fair Employment and Housing Act (“FEHA”), Title VII of the Civil Rights Act of 1964, and Title 5 of the California Code of Regulations prohibit discrimination and harassment in employment or the educational program on the basis of the protected classifications listed above. The District also prohibits retaliation against any person opposing discrimination or harassment or participating in any discrimination or harassment investigation or complaint process internal or external to the institution.
Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment, or social access, opportunities and/or benefits of any member of the District community on the basis of any protected classification is in violation of District Policies and Procedures including BP 3410, AP 3410, BP 3430, AP 3430, AP 3434, AP 3435, BP 3450, AP 3450.
Any person may report sex discrimination or harassment (whether or not the person reporting is the person alleged to have experienced the conduct), and/or retaliation in violation of District policy in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinator and Title IX Co-Coordinators (below). A report may be made at any time (including during non-business hours) by email. Questions regarding Title IX, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinator or Title IX Co-Coordinators. For a complete copy of the policy or for more information, please here or contact the Title IX Coordinator or Title IX Co-Coordinators below.
Any person may report discrimination or harassment on the basis of any other protected classification, and/or retaliation in violation of District policy through the same means mentioned above to the individual with oversight for all non-discrimination or harassment, who is also the Title IX Coordinator. Please direct any questions regarding the FEHA, Title VII, or Title 5 and complaints filed pursuant to those sections to the Title IX Coordinator or the Vice President of Human Resources and Risk Management at (209) 954-5059.
Individual with Oversight for All Non-Discrimination or Harassment Including Title IX Coordinator:
Dr. Theresa Truly, Director of Human Resources
Office of Human Resources
5151 Pacific Avenue
Administration Building, Room 202
Stockton, CA 95207
Title IX Co-Coordinator:
Dr. Lonita Cordova, Assistant Superintendent/Vice President of Student Services
Student Services Division Office
Administration Building, Room 107
Title IX Co-Coordinator:
Tony Espinoza, Athletic Director
Budd Building, Room 119
It is the policy of San Joaquin Delta College that students be permitted to audit courses only in order to address specific or unusual educational circumstances. Information regarding course audit may be obtained in the Office of Admissions and Records.
(Policy 5201, 10/19/99)
Students may petition for approval to repeat up to a total of four (4) courses in the following courses:
- Courses for which repetition is necessary to meet the major requirements of California State University (CSU) or University of California (UC), or other post-secondary institutions for completion of a bachelor’s degree;
- Intercollegiate athletics courses; and,
- Intercollegiate academic or vocational competition courses. Such courses may be repeated no more than four times for semester courses or six times for quarter courses.
Students may enroll in activity courses in physical education, visual arts, or performing arts. Such courses may not be repeated for more than four (4) courses. This limit applies even if the student receives a substandard grade or “W” during one or more enrollment or if a student petitions for repetition due to extenuating circumstances.
When a student repeats a course designated as repeatable to alleviate substandard academic work (a “D,” “F,” “FW,” “NP,” or “NC”), the previous grade and credit shall be disregarded in the computation of grade point averages. No more than two substandard grades may be alleviated.
Courses that are repeated shall be recorded on the student’s permanent academic record using an appropriate symbol.
Annotating the permanent academic record shall be done in a manner that all work remains legible, insuring a true and complete academic history.
Nothing can conflict with Education Code Section 76224 pertaining to the finality of grades assigned by instructors, or with Title IX or District procedures relating to retention and destruction of records.
If the District is claiming apportionment under Title IX Section 58161, students may petition for approval to repeat up to a total of four (4) courses designated as repeatable, including courses in which substandard grades (less than “C,” and including “FW,” “NP,” or “NC”) were awarded in one or more enrollments. If the student is repeating the course to alleviate substandard academic work, the District may disregard the first two substandard grades if the student repeats the class two or more times. Students may also petition for approval to repeat up to a total of four (4) active participatory credit courses that are related in content, in physical education, visual arts, or performing acts, including courses in which substandard grades (less than “C,” and including “FW,” “NP,” or “NC”) were awarded in one or more enrollments.
- A list of the specific courses or categories of courses, if any, which are exempt from course repetition;
- Requirements to repeat courses after a significant amount of time 36 months;
- Provisions for repeating a course taken at another accredited college or university for which substandard academic performance is recorded;
- Circumstances under which students may repeat courses in which a “C” or better grade was earned. Such course repetition requires a finding that extenuating or extraordinary circumstances exist which justify such repetition. Extraordinary circumstances are those which would justify the District providing the student with a refund. Extenuating circumstances are verified cases of accidents, illness, or other circumstances beyond the control of the student. Grades awarded for courses repeated under these provisions may be included when calculating a student’s grade point average;
- Limits on the number of times students may repeat a course;
- Students may not enroll in an available course more than three times, except in limited circumstances, described below. Enrollments include any combination of withdrawals and repetitions;
- Students may repeat an available cooperative work experience course pursuant to District policy any number of times as long as they do not exceed the limits on the number of units of cooperative work experience set forth in Title 5 Section 55253(a);
- Students with disabilities can repeat a special class for students with disabilities any number of times when an individualized determination verifies that such repetition is required as a disability-related accommodation for the student for one of the reasons specified in Title 5 Section 56029;
- Students may repeat a course any number of times where it is required for a student to meet a legally mandated training requirement as a condition of continued paid or volunteer employment, regardless of whether the student recorded substandard work. The student must submit documentation showing that the course is a legally mandated training requirement and must submit documentation to the Office of Admissions and Records;
- Students may petition to repeat a course needed for employment or licensing because of a significant change in the industry or licensure standards. Students may take these courses any number of times. The student must submit documentation showing that the course is needed for employment or licensing and must submit documentation to the Office of Admissions and Records.
Variable Unit Open Entry/Open Exit Course
A student may petition the Director of Admissions and Records for permission to enroll in a course offered for variable units on an open-entry/open-exit basis as many times as necessary to complete one time the entire curriculum of the course described in the course outline of record. However, the student may not repeat any portion of the curriculum of the course unless:
- The course is required for legally mandated training;
- The course is a special class for students with disabilities which the student needs to repeat;
- When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific special class;
- When additional repetitions of a specific special class are essential to completing a student’s preparation for enrollment into other regular or special classes; or
- When the student has a student educational contract which involves a goal other than completion of the special class in question and repetition of the course will further achievement of that goal.
- Repetition of the course to retake a portion of the curriculum is justified by extenuating circumstances, or;
- The student wishes to repeat the course to alleviate substandard work recorded for a portion of the curriculum as authorized above.
A student may repeat a course only if:
- the repetition is expressly authorized by another provision of this article; or
- the student files a petition, and the Director of Admissions and Records grants written approval of the petition based on a finding that the student’s previous grade (whether substandard or passing) was, at least in part, the result of extenuating circumstances. Extenuating circumstances are verified cases of accidents, illness, or other circumstances beyond the control of the student. When course repetition is approved pursuant to this subdivision, the previous grade and credit will be disregarded in computing the student’s GPA each time the course is repeated.
General and Occupational Work Experience (As available)
A student may earn up to a total of 16 semester units, subject to the following limitations.
- A maximum of six semester units may be earned during one enrollment period in general work experience education;
- A maximum of eight semester units may be earned during one enrollment period in occupational work experience education;
- When an occupational work experience course is repeated pursuant to that section, the grade received each time shall be included for purposes of calculating the student’s grade point average.
Special Class for Student with Disability
A student with a disability may petition the Director of Student Support Services to repeat a special class for students with disabilities any number of times based on an individualized determination that such repetition is required as a disability-related provided that:
- When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific special class;
- When additional repetitions of a specific special class are essential to completing a student’s preparation for enrollment into other regular or special classes; or
- When the student has a student educational contract which involves a goal other than completion of the special class in question and repetition of the course will further achievement of that goal.
Legally Mandated Courses
A student may petition the Director of Admissions and Records to repeat a course determined to be legally mandated regardless of whether substandard academic work has been recorded. Such courses may be repeated for credit any number of times provided that the student certifies or documents that course repetition is legally mandated.
Significant Change in Industry or Licensure Standards
A student may petition the Director of Admissions and Records to repeat a course as a result of a significant change in industry or licensure standards such that repetition of the course is necessary for employment or licensure. Such courses may be repeated for credit any number of times provided that the student certifies or documents that there has been a significant change in industry or licensure standards necessitating course repetition.
(AP 4220.1, 3/7/19)
Course Repetition - Significant Lapse of Time
Students may be permitted or required to repeat courses in which a “C” or better grade was earned where there was a significant lapse of time of no less than 6 years since the grade was obtained and:
- The District has established a recency prerequisite for a course or program; or
- An institution of higher education to which a student wishes to transfer has established a recency requirement that the student cannot satisfy without repeating the course.
When a student needs to repeat an active participatory experience course in physical education, or visual or performing arts, or that is related in content due to a significant lapse of time, each repetition attempt will be counted toward the established repetition limits. However, if a student has already exhausted the number of permitted repetitions, then an additional repetition due to significant lapse of time may be permitted or required by the District.
When a course is repeated due to a significant lapse of time, the District shall disregard the previous grade and credit when computing a student’s grade point average.
(AP 4228, 5/2/19)
Course substitution for associate degrees for transfer is limited to students transferring from another accredited institution that has an aligned degree in the same discipline. In this circumstance, the student may petition to use courses taken at the sending institution to satisfy the District’s degree requirements. A course that does not appear on the District list but satisfies the same aligned degree at the sending institution may be substituted.
(AP 4042, 2/14/12)
Credit for Prior Learning
Credit for Prior Learning may be obtained, through petition, with the approval and assessment by appropriate discipline faculty, and utilizing one of the following methods:
- Achievement of a score of three or higher on an Advanced Placement (AP) examination administered by the College Entrance Examination Board;
- Achievement of a score that qualifies for credit by College Level Examination Program;
- Achievement of a score that qualifies for credit by the International Baccalaureate examination;
- Credit by satisfactory completion of an examination produced and administered by appropriate discipline faculty in lieu of completion of a course listed in the college catalog;
- Achievement of an examination administered by other agencies and approved by the appropriate discipline faculty;
- Other assessments approved and assessed by appropriate discipline faculty of the college, which include evaluation of Joint Services Transcripts, evaluation of student-created portfolios, evaluation of industry-recognized documentation (i.e. an industry recognized credential), and standardized exams.
Determination of Eligibility to Receive Credit for Prior Learning:
- The student must be currently registered in the college and in good standing;
- The course is listed in the college catalog;
- Credits acquired by examination are not applicable to meeting of such unit load requirements as Selective Service deferment, Veteran’s or Social Security benefits;
- The student may not have previously enrolled in the course at San Joaquin Delta College, for which credit for prior learning is being sought.
Credit may be awarded for prior experience or prior learning, by means of a petition for Credit for Prior Learning, only for individually identified courses with subject matter similar to that of the individual’s prior learning, and only for a course listed in the catalog of San Joaquin Delta College.
Award of credit may be made to electives for students who do not require additional general education or program credits to meet their goals.
The student will indicate on the petition the method to be used to determine Credit for Prior Learning and the type of grade being sought (P/NP, A-F). Grading shall be according to the regular Grading system approved by the governing board pursuant to section 55023, except the students shall be offered a “pass-no pass” option if that option is ordinarily available for the course.
Units for which credit is given pursuant to the provisions of this procedure shall not be counted in determining the 12 semester hours of credit in residence required for an associate degree.
The nature and content of the assessment shall be determined solely by faculty in the discipline who normally teach the course for which credit is to be granted. (Title 5 § 55050, c) in accordance with policies and procedures approved by the curriculum committee established pursuant to Administrative Procedure 4020.
The student’s academic record will clearly indicate that the credit was earned by assessment by credit for prior learning.
Credits acquired by Credit for Prior Learning shall not be counted in determining the 12 semester hours of credit in residence required for an Associate degree.
Pursuant to Education Code Section 78212, any student upon completion of their education plan who is a veteran or an active-duty member of the armed forces, holds industry-recognized credentials, or requests credit for a course based on their prior learning shall be referred to the college’s appropriate discipline faculty for assessment of possible credit for prior learning.
Students interested in Credit for Prior Learning using Joint Service Transcripts must provide these transcripts to the Office of Admission and Records prior to the submission of their Credit for Prior Learning Petition. These transcripts may include Joint Services Transcripts (JST), Sailor/Marine American Council on Education Registry Transcript (SMART), Army and American Council on Education Registry Transcript Service (AARTS), Community College of the Air Force (CCAF), Coast Guard Institute (CGI), DANTES/USAFI, Defense Language Institute Foreign Language Transcripts (DLIFLC), Defense Manpower Data Center (DMDC), DLPT Examinee Results, DA Form 330 Language Proficiency Questionnaire, or verified copies of DD214 or DD295 military records. Credit shall be determined as recommended by the American Council on Education (ACE) Directory and approved by the appropriate discipline faculty of San Joaquin Delta College. (It should be noted that San Joaquin Delta College grants experience credit of three elective units for submission of any DD214, 295, or other military transcript. Additionally, active-duty military personnel and U.S. military veterans may satisfy the Self-Development general education (GE) requirement from San Joaquin Delta College’s GE pattern (Plan A) or the California State University GE-Breath pattern (Plan B) through submission of a military transcript.)
In all cases the student may choose to accept or decline the award of credit by prior learning or to appeal, by petition, decisions related to the award of credit, pursuant to Title 5 Sections 55021 and 55025.
Credit for Prior Learning Fees: A fee of no more than the current per unit enrollment fee will be paid by the student prior to the Credit for Prior Learning being added to the student’s academic record.
Professor Participation in Credit for Prior Learning: The appropriate discipline faculty participate in the assessment of credit for prior learning by choice.
Professor Compensation: The appropriate discipline faculty will be paid according to the negotiated amount as defined in the (SJDCTA) San Joaquin Delta College Teachers Association Collective Bargaining Agreement.
(AP 4235, 11/15/22)
See AP 4235.1 Credit for Advanced Placement Credit, AP 4235.2 International Baccalaureate Credit, and AP 4235.3 College-Level Examination Program Credit.
Definition of Distance Education
Distance Education: Instruction in which the instructor and student are separated by distance and interact through the assistance of communication technology.
- Online Courses: The predominant means of distance education delivery. Students are not required to physically visit the campus.
- Hybrid Courses: Instruction in which the required number of instructional hours are divided between online coursework and mandated on-ground instructional activities. Students are required to physically visit the campus.
- For clarification, web-enhanced courses are face-to-face courses that require the student to access the internet and/or a learning management system as part of the coursework, but online activities do not replace scheduled classroom seat time. Therefore, web-enhanced courses do not constitute distance education.
The instructor serves as both a provider of instruction and as a facilitator of student learning. The instructor will meet the qualifications established by the Professional Development Center (PDC).
All courses to be taught utilizing distance education shall contain the same content, rigor, and course quality as traditional courses as outlined in the policies for the SJDC Curriculum Committee curriculum approval process. As such, all distance education is subject to the general requirements of AP 4020, Curriculum Development Process (Credit, Noncredit, and Not-for-Credit), et al, and must be offered in compliance with the District Comprehensive Master Plan.
As distinct from correspondence courses, all distance education courses are required to maintain regular substantive interaction between the professor and students, in accordance with Title V. Regular substantive interaction is defined as engaging students in teaching, learning, and assessment, consistent with the content under discussion.
Types of Interaction. Instructors will use a variety of means to initiate substansive and effective interactions with students, including at least two from among the following:
- Providing information or responding to questions about the content of a course or competency;
- Assessing and providing feedback on a student’s coursework, separate from or in addition to an automated grading system;
- Facilitating group discussions regarding the content of a course or competency;
- Providing direct instruction, such as instructor-prepared synchronous our recorded lectures, or introductions to educational resources such as publisher-created materials or Open Educational Resources;
- Other instructional activities approved by the District’s accrediting institution;
- This contact shall be distributed in a manner that ensures regular instructor/student contact is maintained over the course of a week and the duration of the term and should occur as often as is appropriate for the course section. The opportunities for instructor/student interactions are to be regular predictable and scheduled;
- Instructors are expected to monitor the students’ academic engagement and success and promptly and proactively engage in substantive interactions with the students when needed, on the basis of such monitoring, or upon request by the student;
- Interaction among Students. The frequency of student-to-student contact in a distance education course will be at least the same as would be established in its face-to-face counterpart.
Documentation of distance education specifications will be reviewed whenever the course comes up for regular curricular review. The Distance Education Committee Chair and designees will participate in the curricular review of distance education courses.
In order to assure that distance education is characterized by the same quality, integrity, effectiveness, and concern for student learning that apply to more traditional modes of instruction, the District shall integrate distance education into the normal program review process in all areas of the College with a focus of maintaining services to students in distance education courses, including, but not limited to:
- Library and Learning Resources
- College Support Services for Students
- Facilities and Finances
Federal Accessibility Guidelines
Whether students with disabilities are enrolled in them or not, the College shall abide by federal accessibility guidelines in accordance with Government Code Section 508 and the Americans with Disabilities Act for all distance education courses.
Distance Education Faculty Training
Regardless of the Learning Management System (LMS) used, distance education faculty must successfully complete approved training for online instructors through the Professional Development Center before teaching online. Approved training will include best practices in regular effective contact, accessibility, and effective online course design and other aspects.
Verification of Student Identity
In accordance with Title 34 CFR § 602.17, the District requires verification of the identity of a student who participates in class or coursework by using the following methods:
- A secure login and pass code;
- Proctored examinations; or
- New or other technologies and practices that are effective in verifying student identity; and,
- Authentication that the online student who registers is the same as the participant;
- Makes clear in writing that the District uses processes that protect student privacy and notifies students of any projected additional charges associated with the verification of student identity at the time of registration, enrollment, or the catalog.
Learning Management System (LMS)
The primary LMS used by the District cannot be changed without consulting the Distance Education Committee.
The primary LMS adopted by the District must be used as the initial access point (student portal) for all distance education courses and programs. This does not preclude the use of textbook publisher material so long as access by authorized administrative personnel is made available.
Attendance and Participation
Students in distance education courses are required to attend class and participate just as if they were in a face-to-face course. Per federal guidelines, attendance in an online course is determined by participation in completing course activities in the LMS such as assignments, assessments, posting in discussion forums, etc. Simply logging into the course does not count as attendance.
To determine initial attendance for online courses, instructors must have a check-in assignment, due the first week of the course, that students must complete in order to remain enrolled. Students must be informed of this check-in assignment.
For online courses, instructors must establish an excessive absenteeism policy. “Excessive absenteeism” in an online course is defined as not participating in the course for an adequate amount of time to successfully pass the course or adequately complete the course. At this point, instructors may drop a student from the course. Participation in the course involves completing course activities - simply logging in does not count as participation.
Measuring the Last Date of Attendance in Distance Education Course
Effective July 2011, the U.S. Department of Education has defined “Last Date of Attendance” as an academically-related activity that is documented. Title 34 CFR § 668.22(c)(3)(i).
For distance education courses, an “academically-related activity” includes but is not limited to: a quiz, test or assignment submission, meaningful participation in an online discussion, and student initiation of contact with the instructor to ask a course-related question via email or chat. Title 34 C.F.R. § 668.22(c)(3)(ii) The Last Date of Attendance is not defined as the last date of course log in and is not the same as the drop date.
For the purposes of the procedure, information on the matter can be found in the current DE Faculty Handbook.
(AP 4110, 12/13/22)
1. Early or Late Finals
Individual final examinations, before or after finals week, may be administered to those students who can demonstrate a need due to extenuating circumstances. The final decision on this matter shall rest with the individual professor. No final may be given after the last day of a semester unless an incomplete grade is given. No final may be given before the last day to drop the class with a “W,” as outlined in Administrative Procedure 5075, Course Registration, Adds and Drops, “Withdrawal from Graded Classes.”
2. Other Examinations Prior to and During Finals
a. Under normal circumstances, no evaluations, quizzes, or examinations may be given in full-term classes during the three college calendar days prior to the first day of finals. Professors may claim exemption to this prohibition when compliance would substantially interfere with instruction or evaluation of students. Professors claiming exemption must, at the beginning of the semester, notify the appropriate division chair or director and must include notice of the exemption in the course materials given to students at the start of the semester.
b. No evaluations, quizzes, or examinations, except the final examination, may be given in full-term classes during the days scheduled for final examinations.
3. Finals Exemption
Exemptions to Board Policy 4200, Finals may be authorized only by the Assistant Superintendent/Vice President for Instruction.
4. Final Examination Schedule
a. All classes are to meet during the final examination week at the time designated on the Final Examination Schedule, except laboratory professors may choose any of the meeting hours of their class for examination.
b. Courses offered in the fully-online and hybrid format must offer final exams during the final examination week. Exams may be timed as appropriately determined by the instructor; however, a minimum window of two business days, 48 hours, should be available for students to access the exam. If an online course requires an in-person final, whether on-campus or in a proctored setting, the exam must take place during the final examination week.
c. For face-to-face and hybrid courses that are offered in the online format due to campus closures, the exam window must include the originally scheduled face-to-face final time.
(AP 4200, 1/28/21)
Instructional Materials Fees
Students may be required to provide instructional materials necessary for a credit or non-credit course. Such materials shall be of continuing value to a student outside of the classroom setting and shall not be solely or exclusively available from the District.
Required instructional materials shall not include materials used or designed primarily for administrative purposes, class management, course management, or supervision.
Where instructional materials are available to a student temporarily through a license or access fee, the student shall be provided options at the time of purchase to maintain full access to the instructional materials for varying periods of time ranging from the length of the class up to at least two years. The terms of the license or access fee shall be provided to the student in a clear and understandable manner prior to purchase.
Instructors shall take reasonable steps to minimize the cost and ensure the necessity of instructional materials.
(AP 5031, 4/18/19)
The purpose of academic renewal is to disregard students’ previously recorded substandard academic performance when such work does not reflect their current demonstrated ability. Academic renewal encourages students to continue efforts toward their educational objectives. Therefore, academic renewal allows students the benefits of their current level of ability and performance and does not permanently penalize them for poor performance in the past.
Students who wish to request academic renewal must petition the Director of Admissions and Records. Academic renewal will be applied only under the following conditions and with the following limitations:
- Academic renewal may be requested for up to five courses of previous unsatisfactory course work in which grades of “D,” “F,” or “NC” or “NP” have been recorded. The course work for which the renewal is requested must be identified in the application;
- Prior to the application for academic renewal, a period of at least one year must have elapsed subsequent to the semesters for which renewal is requested, during which period the student must have completed at least 12 units at Delta College (or another regionally accredited college,) with a grade point average of 2.0;
- Academic renewal is available only for courses taken at San Joaquin Delta College;
- Academic renewal may be granted for a total of five courses only;
- Academic renewal is irreversible;
- Courses used for awarding of a degree or certificate are not eligible for academic renewal unless another equivalent course replaces the renewed course on the evaluation.
It is highly recommended that currently enrolled students discuss educational objectives with a counselor and develop an appropriate Student Education Plan.
Academic renewal granted by San Joaquin Delta College does not guarantee that special programs or other institutions will approve or honor such actions. The determination will be made by the respective transfer institutions.
Effect of Academic Renewal on the Academic Record:
- When a student is granted academic renewal for a course, the student’s permanent academic record shall be annotated in such a manner that all work remains legible, ensuring a complete and true record of all academic work;
- Cumulative grade point average on students’ permanent record excludes all course work that has been approved for academic renewal;
- No course work approved for academic renewal will apply toward graduation, certificate, or AA degree;
- Grade point average computation for graduation with honors and other awards uses all work including course work approved for academic renewal.
(AP 4240, 6/12/14)
Dismissal and Reinstatement After Dismissal
1. Standards for Dismissal
- Students who remain on either Academic or Progress Probation for three (3) consecutive semesters of attendance (excluding summer intersession) shall be dismissed from the College for one (1) semester (excluding summer intersession).
- Notification of Dismissal Status: Students who are dismissed shall be notified of their status in writing by the Office of Admissions and Records. The notification will outline the requirements necessary for appealing dismissal, and reinstatement after dismissal.
- Fall Dismissals: Students enroll for spring semester before the fall grades are posted. Therefore, dismissals based upon fall semester grades shall be effective for the subsequent fall Semester. Notification will be sent no later than the end of February informing students of their dismissal status.
2. Exemption from Dismissal
Students on Academic or Progress Probation who are subject to dismissal shall be exempt from dismissal if they had a break in enrollment of at least one (1) semester (excluding summer intersession), during the three (3) consecutive semesters considered for dismissal. A student exempted from dismissal will not be subject to dismissal again until the student has completed three (3) consecutive semesters on probation, subsequent to the break in enrollment. Students on Academic or Progress Probation who are subject to dismissal shall be exempt from dismissal if:
- Academic Probation: Any of the three probationary semesters are completed with a term GPA of 2.0 or above.
- Progress Probation: Any of the three probationary semesters are completed without entries of “W,” “I,” and “NP.”
3. Dismissal Appeals
A student has the right to appeal a dismissal if he/she believes there are extenuating circumstances warranting an exception to the dismissal action. The granting of a dismissal appeal is based on the review of the probationary semesters to determine if these semesters do not reflect the student’s usual level of performance due to accident, illness, or other circumstances beyond the control of the student. A Counselor shall review all petitions.
- A student must file the appeal petition with supporting documentation. It is the student’s responsibility to write a clear statement explaining what extenuating circumstances existed, why continued enrollment should be granted, and provide strong evidence supporting his/her reasons;
- The petition must be filed within thirty (30) days after the dismissal notification was sent. If the student fails to file an appeal petition within thirty (30) days, the student waives all future rights to appeal the dismissal action;
- The student will remain on dismissal during the appeals process. The decision will be communicated to the student within fifteen (15) days by a Counselor;
- If the dismissal appeal is granted, the student will be reinstated for one (1) additional semester and continues on probationary status until he/she meets the required standards to be taken off probation;
- If the student’s dismissal appeal is denied, the student may file an extended appeal with the Director of Admissions and Records within fifteen (15) days of the denial notification. The student will remain on dismissal during this final consideration. The final decision of the Director of Admissions and Records will be communicated to the student within fifteen (15) days following receipt of the student’s extended appeal;
- If the extended dismissal appeal is granted, the student will be reinstated per item 4 and the Standards of Reinstatement as defined in item IV of this procedure.
4. Standards for Reinstatement After Dismissal
- Students must meet the following conditions for reinstatement:
- Meet with a Counselor before reinstatement to discuss and develop a prescriptive student education plan, success strategies, and the use of available College and community support services;
- During the first semester of reinstatement, course enrollment is limited to a maximum of twelve (12) semester units.
- Notification of Reinstatement: A Counselor for whom the student is meeting will notify the student.
- Reinstatement after Academic Dismissal: The student must complete the semester of reinstatement with a term GPA of at least a 2.0 or he/she will be dismissed. Students will be notified of their dismissal via their Delta College email account.
- Reinstatement after Progress Dismissal: The student must complete the semester of reinstatement without grades of “W,” “I,” and “NP” or he/she will be dismissed. Students will be notified of their dismissal via their Delta College email account.
(AP 4250.1, 5/2/19)
Grade Changes and Adjustment of Fees
- The instructor of a course shall determine the grade to be awarded to each student. The determination of the student’s grade by the instructor is final in the absence of mistake, fraud, bad faith, or incompetency.
- Students who believe that an error was made in a grade entered on their permanent record may petition the Director of Admissions and Records to correct the record. Petitions for a grade change must be filed no later than one (1) year after the term for which the grade was posted and will be made only after the assigning instructor determines the validity of such a petition and issues a written authorization for the grade change. Grades will not be changed for courses completed more than one (1) year prior to the date of a petition except as noted in paragraph “C” below.
- In cases of alleged instructor fraud, bad faith, or incompetence, the final determination regarding the removal or change of a grade or adjustment of fees will be made by the Superintendent/President or designee as set forth by Administrative Procedure 5530, (Student Rights and Grievances).
- Only one grade change petition per course is allowed.
- Students who believe that an error was made in enrollment, non-resident, or class fees charged against their student account based on last date of attendance may petition the Director of Admissions and Records to correct the record. Petitions for a removal of fees must be filed no later than one (1) year after the term for which the fees were charged and will only be made after the instructor of record determines the validity of such a petition based on last date of attendance and issues a written authorization for the correction of the drop date.
- Fees will not be changed for courses completed more than one (1) one year prior to the date of a petition except as noted in paragraph “3” above.
- Only one request for adjustment of fees petition per course is allowed.
- The District will consider petitions for documented special circumstances for 1-1/2 (one and one half) years.
(AP 4231, 5/31/11)
Academic Record Symbols and Grade Point Average*:
||Better than Satisfactory Work
||Less than Satisfactory
||Non-Participation, Failure to Withdraw
Student ceased participating in the class and failed to withdraw in a timely manner. The FW symbol may be awarded to students who cease participating in a course sometime after the last day to officially withdraw from the course without having achieved a final passing grade, and when students have not received District authorization to withdraw from the course for extenuating circumstances. The “FW” symbol may not be used if a student has qualified for and been granted military withdrawal. In line with Title 5 guidelines (section 55758), grade points awarded for an “FW” shall equal 0.
||Passing (At least satisfactory - units awarded not counted in GPA. Has the same meaning as “CR” as that symbol was defined prior to August 14, 2008.)
||No Pass (Less than satisfactory or failing - units not counted in GPA. NP has the same meaning as “NC” as that symbol was defined prior to August 2008.)
Incomplete academic work for unforeseeable, emergency, and justifiable reasons at the end of the term may result in an “I” symbol being entered in the student’s record. The condition for removal of the “I” shall be stated by the professor in a written record. This record shall contain the conditions for removal of the “I” and the grade assigned in lieu of its removal. This record must be given to the student with a copy on file with the Office of Admissions and Records until the “I” is made up or the time limit has passed. A final grade shall be assigned when the work stipulated has been completed and evaluated, or when the time limit for completing the work has passed. The “I” may be made up no later than one year following the end of the term in which it was assigned. The “I” symbol shall not be used in calculating units attempted nor for grade points. The student, under extenuating circumstances, may request an extension of the time limit for making up the “I” by submitting a General Petition for consideration.
The “IP” symbol shall be used only in those courses which extend beyond the normal end of an academic term. It indicates that work is “in progress,” but that assignment of an evaluative symbol (grade) must await its completion. The “IP” symbol shall remain on the student’s permanent record in order to satisfy enrollment documentation. The appropriate evaluative symbol (grade) and unit credit shall be assigned and appear on the student’s permanent record for the term in which the course is completed. The “IP” shall not be used in calculating grade point averages. If a student enrolled in an “open-entry, open-exit” course is assigned an “IP” at the end of an attendance period and does not re-enroll in that course during the subsequent attendance period, the appropriate faculty will assign an evaluative symbol (grade) in accordance with subsection “A” of this policy to be recorded on the student’s permanent record for the course.
The “RD” symbol may be assigned only by the Assistant Superintendent/Vice President of Student Services. It is to be used when there is a delay in reporting the grade of a student due to circumstances beyond the control of the student. It is a temporary notation to be replaced by a permanent symbol as soon as possible. “RD” shall not be used in calculating grade point averages.
||Credit by Examination
The “X” shall be added to the evaluative symbol recorded when a course is challenged by examination.
Withdrawal from a class or classes shall be authorized by conditions set forth in AP 5075, Course, Registration Adds, and Drops.
Notations shall be prescribed on the academic record of the student who withdraws within the guidelines of AP 5075, Course, Registration Adds, and Drops.
Withdrawal from a course(s) without penalty due to extenuating circumstances. The non-evaluative symbol is excluded from progress probation and dismissal calculations. An EW is acceptable when a student withdraws from a course(s) due to reasons beyond their control, which include but are limited to the following:
- Job transfer outside the geographical region;
- Illness in the family where the student is the primary caregiver;
- An incarcerated student in a California State Prison or County Jail is released from custody or involuntarily transferred before the end of the term (In the case of an incarcerated student, an excused withdrawal cannot be applied if the failure to complete the course(s) was the result of a student’s behavioral violation or if the student requested and was granted a mid-semester transfer);
- The student is the subject of an immigration action;
- Death of an immediate family member;
- Chronic or acute illness;
- Verifiable accidents; or
- Natural disasters directly affecting the student.
Withdrawal from a class or classes due to a call to active service in a United States military unit set forth in AP 5075, Course Registration, Adds and Drops.
Notations shall be prescribed on the academic record of the student who withdraws for military reasons within the guidelines of AP 5075, Course Registration, Adds and Drops.
*Non-degree applicable courses are not included in the GPA.
(AP 4230, 05/16/23)
Pass/No Pass Grading Option
Some credit courses may be approved by the Curriculum Committee and listed in the College Catalog and Schedule of Classes as offered with a Pass/No Pass option. Under the Pass/No Pass option, a student enrolled in a course that normally awards traditional grades as defined in Administrative Procedure (AP) 4230, Grading Symbols, may elect to receive only a grade of either “Pass/No Pass.” The grade of “Pass” will be given if the student’s work is judged to be equivalent to the grade of A, B, or C, and the grade of “No Pass” if it is judged equivalent to a failing grade for the course.
No more than 15 units of Pass/No Pass may apply to the total units required for a degree. A course taken using the Pass/No Pass grading option may not be applied to satisfy an academic major requirement.
Students desiring to apply the Pass/No Pass grading option to a course are required to declare commitment to the Pass/No Pass status to the instructor prior to completion of thirty percent of the scheduled class meeting for the term. Once elected by the student, the Pass/No Pass grade option may not be changed back to the traditional grading option.
(AP 4230.1, 5/2/19)
Students who complete 12 or more graded units in a semester with a grade point average of 3.0 or above will be eligible for scholastic distinction for that semester.
President’s Honor List
Eligible students who earn a grade point average of 3.7 or above will receive presidential honors for that particular term.
Dean’s Honor List
Eligible students who earn a grade point average between 3.0 and 3.69 will receive dean’s honors for that particular term. (Policy 5210, 05/20/97)
Associate Degree Honors
Students receiving the Associate in Arts or Associate in Science degree are eligible for scholastic honors based on the cumulative grade point average at the end of the semester in which the student applied and was approved for graduation. Units and grade points from transferable courses taken at colleges other than San Joaquin Delta College will be included in computing the final grade point average for honors determination. Honors at graduation are denoted on the diploma and transcripts as follows:
- 4.00 Highest Honors
- 3.70 - 3.99 High Honors
- 3.30 - 3.69 Honors
- 3.00 - 3.29 Honorable Mention
Standards for Probation
- Academic Probation: A student shall be placed on academic probation if he/she has attempted a minimum of 12 semester units of work and has a cumulative grade point average of less than 2.0.
- Progress Probation: A student shall be placed on progress probation if he/she has enrolled in a total of at least 12 semester units and the percentage of all units in which the student has enrolled, for which entries of “W,” “I,” “NC,” and “NP” were recorded, reaches, or exceeds fifty percent (50%).
- Notification of Probation Status
- First Semester Probation: Students who are placed on first semester academic or progress probation shall be notified of their status in writing by the Office of Admissions and Records. The notification will inform the students of their status, and of the intervention services provided by the College;
- Second Semester Probation: Students who are placed on second semester academic or progress probation shall be notified of their status in writing by the Office of Admissions and Records. The notification will inform them of their status, loss of eligibility for the BOGG Fee Waiver and Priority Registration, and of the intervention services provided by the College.
Removal from Probation
- Academic Probation: A student shall be removed from Academic Probation when the student’s cumulative grade point average is 2.0 or higher.
- Progress Probation: A student shall be removed from Progress Probation when the percentage of all units in which the student has enrolled, for which entries of “W,” “I,” “NC,” and “NP” were recorded, drops below 50%.
- The Office of Admissions and Records shall notify a student when he/she is removed from probation.
- A student has the right to appeal “second semester probation status” if the student believes there are extenuating circumstances warranting an exception to “second semester probation status.” The granting of this appeal is based on the review of the probationary semester(s) to determine if the semester(s) do not reflect the student’s usual level of performance due to accident, illness, or other circumstances beyond the control of the student.
- A student must meet with a counselor to explain what extenuating circumstances existed, why the appeal should be granted, and provide strong evidence supporting his/her reasons. The Counselor will recommend to the Director of Admissions and Records or designee if the appeal should be granted, and whether the first and/or second semester on probation should be exempt from determining “second semester probation status.”
- The Director of Admissions and Records or designee shall notify the student if the appeal is granted. Based on the determined priority registration deadlines, the student shall regain his/her placement in the appropriate priority registration group and eligibility for the Board of Governors Fee Waiver if the student has not exceeded the unit limitation
(AP 4250, 6/12/14).
See BP 4250 Probation, Dismissal, and Reinstatement and AP 4250.1 Dismissal and Reinstatement After Dismissal.
Requirements for Attendance
It is the instructor’s responsibility to ensure that all students attending class are officially enrolled. Under no circumstances should a student be allowed to attend class if he/she is not officially enrolled.
A student who fails to attend any of the first three class sessions at the beginning of a term may be dropped from that class unless the student has advised and obtained an absence approval from the faculty member. The foregoing statement will be read by every faculty member to every class at the first session and for as many subsequent sessions as the faculty member feels to be necessary.
No drops will be allowed from a credit class after 50% of the class has elapsed; a grade must be issued.
On or before the last business day before the course census date, a faculty member shall mandatorily drop a student who has been identified as a no show or is no longer participating in the course, except if there are extenuating circumstances. Extenuating circumstances are verified cases of accident, illness, and other circumstances beyond the control of the student. Nonparticipation is defined as excessive unexcused absences. Excessive absenteeism is defined as one more absence than the class meets per week.
Last Date of Attendance
When dropping a student for excess absenteeism, the professor must provide the last date of attendance. Effective July 2011, the U.S. Department of Education has defined “Last Date of Attendance” as: an academically-related activity that is documented. For online courses, an “academically-related activity” includes, but is not limited to: a quiz, test, or assignment submissions, meaningful participation in an online discussion, or student initiation of contact with the instructor to ask a course-related question via email or chat.
The Last Date of Attendance is not defined as the last date of course log in, and is not the same as the drop date.
(BP 5075 Course Registration, Adds, and Drops, 2/19/13)
See AP 5075 Course Registration, Adds, and Drops.
Course Registration, Adds, and Drops
Prior to each semester, the District will provide a regular registration period. Dates of registration will be available via the Schedule of Classes which is posted online. Detailed plans for registration will be developed and administered by the Director of Admissions and Records. Enrollment in a regular semester or summer intersession must be undertaken by the close of registration period.
Implementing Prerequisites, Corequisites, and Limitations on Enrollment
A student seeking enrollment in a course with a prerequisite that the student believes has been fulfilled at another college or university must provide official transcripts from that institution to the Admissions and Records Department a minimum of 48 hours prior to attempting enrollment. All conditions a student must meet to be enrolled in the course through the registration process will be enforced. A student is not permitted to enroll unless they have met all the conditions of enrollment or sought entry to the course through the Matriculation Prerequisite/Corequisite Appeals Process (see AP 5052).
Student Unit Load
Students who have been unconditionally admitted may register for not more than twenty-one (21) units prior to the beginning of open registration. Contingent upon counselor approval, students who have maintained a 2.75 cumulative GPA in a minimum of fifteen (15) units of previously completed coursework, and who in good academic standing (i.e., not on academic or progress probation), may enroll for an additional six (6) units after the semester has begun for a total of twenty-seven (27) units per semester. Students who do not meet the above criteria may still be eligible to enroll for as many as twenty-seven (27) units if they can demonstrate compelling extenuating circumstances.
Students who have been unconditionally admitted may be allowed to register for not more than twelve (12) units prior to the beginning of summer session. Contingent upon counselor approval, students who have maintained a 2.75 cumulative GPA in a minimum of fifteen (15) units of previously completed coursework, and who are in good academic standing may add an additional three (3) units after the summer session has begun for a total unit limitation of fifteen (15) units per intersession. Students who do not meet the above criteria may still be eligible to enroll for as many as fifteen (15) units if they can demonstrate compelling extenuating circumstances.
Students who have been conditionally admitted will be allowed to register for the number of units prescribed on the basis of their conditional admission to the College by the Assistant Superintendent/Vice President of Student Services or designee. Students enrolled under Conditional Admission will not be permitted to add additional units without the written authorization of the Assistant Superintendent/Vice President of Student Services or designee.
Adding Courses During Registration
Students may add courses online through the registration period.
During the regular semester or the summer intersession, students may only register up to, and including, the last day of business immediately preceding the census date for the class.
Positive Attendance Classes
Students may only register up to, and including, the last day of business before 20% of the number of days for which the class is scheduled to meet has passed.
Once the term has begun, enrollment into classes is subject to instructor approval using electronic wait lists. If the faculty believes there is a compelling reason to add a student after the above deadlines, the request must be approved by the Division Dean or the appropriate Assistant Superintendent/Vice President.
Each faculty member will have access to the class rosters for each class taught during the current semester on the first day of the class via the online roster system. The roster will include the names of all students who have registered prior to the beginning of the term. The student’s name on the roster is an authorization to be in that class.
Faculty are responsible for managing enrollment in their classes by meeting College deadlines for submission of adds, drops, and submission of census and/or positive attendance rosters, grade rosters, and roster certification forms.
If enrollment in a particular course is permitted after classes have begun, the student will be directed to place themselves on the course wait list via the online registration system. Students may be moved, by the instructor, from the electronic Wait List to full enrollment through the due date for the Wait List Roster. Under no circumstances should students be allowed to attend class if they are not enrolled properly. If there is a discrepancy, the student should be referred promptly to the Admissions and Records Office to ascertain the problem concerning enrollment.
Enrollment management assistance is provided to faculty by the Admissions and Records Office via e-mail, and in-person assistance is available.
Absence from Class
A student who will be absent from any class or classes for three (3) days or longer for health reasons or other personal emergencies is advised to notify the Office of Counseling and Special Services.
If a student knows of a disability-related absence in advance (e.g., previously unanticipated surgery), the student is strongly encouraged to notify the class instructors and Disability Support Programs and Services (DSPS) prior to the absence.
A student may be dropped from a class due to excessive absences. If the excessive absences are disability-related (e.g. surgery, other treatment, an injury, or an illness that is related to a disability or results in a disability) and the student intends to remain registered for the class, the student may meet promptly with a Disability Support Programs and Services (DSPS) Counselor to request assistance to remain registered for the class.
A student requesting DSPS assistance for disability-related absences is not required to be registered with DSPS prior to requesting such assistance. However, DSPS is authorized to determine whether a student making a request due to disability-related absences qualifies as an individual with a disability at the time of the request. If the individual is not disabled and/or the absences are not disability-related, the College is not required to accommodate the student beyond the legal requirements of Section 504 and Title II.
If the student does not agree with DSPS and the professor’s decision, the student may file a grievance (See BP/AP 5530, Student Rights and Grievances).
Withdrawals, or drops, are authorized through the last day of the eighth week of instruction or 50% of the term, whichever occurs earlier. Withdrawals, or drops, prior to the beginning of the semester will be permitted without charge. A student may only withdraw from a course and receive a “W” for the same course two times.
The limitations above notwithstanding, a student may petition the Director of Admissions and Records for permission to repeat a course more than once to address excessive “Ws” with the following limitations:
- Students are allowed no more than three enrollments that result in grading symbols of “D,” “F,” “FW”, “NC,” “NP” and “W”.
- Students are required to meet all current course prerequisites/ co-requisites prior to attempting to repeat the course.
- Students who are allowed to enroll for the third time are not allowed to drop the class on or after the census date, they are required to receive a grade.
- Students must request permission from the instructor to add the course once classes have begun.
- Students must provide the instructor with a copy of the approved petition to repeat the class. Students are allowed to enroll only after all other credit-seeking students have been added to the class.
Students are required to seek support services such as tutoring, counseling, etc. as determined by the College Counselor.
Students who have exceeded the number of repetitions allowed under this procedure and wish to repeat a class, shall not be allowed to re-enroll in the course at Delta College.
The District will not collect apportionment for enrollment in a class after a total of three repetitions resulting in “Ws,” grades, or other non-evaluative symbols.
Withdrawal from Graded Courses
Withdrawal from Full-Term Census Course:
- Students who withdraw from one or more courses through the last day before the census day or date will have no entries made on their transcripts for the courses enrolled in at the time of withdrawal.
- Students who withdraw from one or more courses on or after the census day or date through the last day of the eighth week of instruction or 50% of the term, whichever occurs earlier, of the fall/spring semesters or 50% of the term for intersessions, will have “Ws” entered on their transcripts for those courses in which they were enrolled at the time withdrawal from the College.
- Students who remain enrolled in one or more courses after the last day of the eighth week of instruction or 50% of the term, whichever occurs earlier of the fall/spring semester of 50% of Intersession, will have a grading symbol other than a “W” as prescribed in Administrative Procedure (AP) 4230, Grading Symbols, i.e., A, A-, B+, B-, C+, C, D, F, FW, P, NP, IP, or I entered on their transcripts.
- Notwithstanding the above, students who are members of an active or reserve United States military service and who receive orders compelling withdrawal from courses after the census day or date of the first 20 percent of the course shall have the notation “MW” entered on their transcript in accord with the provisions of AP 4230.
Withdrawal from Courses not Coterminous with the Term and Actual Hours of Attendance Courses:
- Students who withdraw from one or more courses on or before the last day before the census day or date of the course will have no entries made on their transcripts for the courses enrolled in at the time of withdrawal.
- Students who withdraw from one or more courses in the period between census day or date and 50% of the course will have a “W” entered on their transcripts for the courses in which they were enrolled at the time of withdrawal from the College.
- The academic record of a student who remains enrolled in a course beyond the time allowed by district policy will have a grading symbol other than a “W” as prescribed in AP 4230, i.e., A, A-, B+, B, B-, C+, C, D, F, FW, P, NP, IP, or I entered on their transcripts.
- Notwithstanding the above, students who are members of an active or reserve United States military service and who receive orders compelling withdrawal from courses after the census day or date of the first 20 percent of the course shall have the notation “MW” entered on their transcript in accord with the provisions of AP 4230.
Reinstatement After Drop
Students dropped from a course due to non-participation or excessive absences due to extenuating circumstances beyond their control, which justify remaining in the course, may request a course reinstatement. Except in cases involving disability related absences as stated in K. Disability-Related Absences, course reinstatements are at the discretion of the instructor.
(AP 5075, 10/6/20)
Open Enrollment Policy
The policy of the District is that, unless specifically exempted by statute or regulation, every course, course section, or class reported for state aid, wherever offered and maintained by the District, shall be fully open to enrollment and participation by any person who has been admitted to the college and who meets such prerequisites as may be established pursuant to regulations contained in Article 2.5 (commencing with Section 55200) of Subchapter 1 of Chapter 6 of Division 6 of Title 5 of the California Code of Regulations. Enrollment is subject to the established priority system as established by BP/AP 5055.
(BP 5052, 2/17/04)
See AP 5052 Open Enrollment.
Students in the Military
Residence Determinations for Military Personnel and Dependents
A student who is a member of the armed forces of the United States stationed in California on active duty is entitled to resident classification. Such students shall retain resident classification in the event that the member of the armed forces is thereafter transferred on military orders to a place outside of California or thereafter retires from active duty, so long as the student remains continuously enrolled (as defined by catalog rights) in the District.
A student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident classification. Such student shall retain resident classification if he/she is thereafter transferred on military orders to a place outside of California, so long as the student remains continuously enrolled in the District.
A student who was a member of the armed forces of the United States stationed in California on active duty for more than one year immediately prior to being discharged from the armed forces is entitled to resident classification for the length of time he or she lives in California after being discharged up to the minimum necessary to become a resident.
An individual who is the child or spouse of a person who, on or after September 11, 2001, died in the line of duty while serving on active duty as a member of the Armed Force who resides in California is entitled to resident classification.
An individual who is entitled to transfer Post-911 GI Bill® program benefits by virtue of their relationship to a member of the uniformed services who is serving on active duty is entitled to resident classification.
A parent who is a federal civil service employee and his or her natural or adopted dependent children are entitled to resident classification if the parent has moved to this state as a result of a military mission realignment action that involves relocation of at least 100 employees. This classification shall continue until the student is entitled to be classified as a resident, so long as the student continuously attends an institution of public higher education.
A student claiming the residence classifications provided for in this procedure must provide a statement from the student’s commanding officer or personnel officer providing evidence of the date of the assignment to California. A student claiming the residence classifications provided here for dependent of military personnel shall provide a statement from the military person’s commanding officer or personnel officer that the military person’s duty station is in California on active duty as of the residence determination date, or has been transferred outside of California on active duty after the residence determination date, or that the military person has retired from active duty after the residence determination date. (Title 5, Sections 54041; 54042)
Withdrawal Policies for Members of the Military
A student who is a member of an active or reserve United States military service and who receives orders compelling a withdrawal from courses shall be permitted to withdraw upon verification of such orders. A withdrawal symbol of “W” and an “MW” may be assigned. Military withdrawal shall not be counted in progress probation, dismissal calculations, or in calculating the permitted number of withdrawals. In no case may military withdrawal result in a student being assigned an “FW” grade. In no case may a college require a student who is required to report for military duty to withdraw from a course by a specified date in order to receive a full refund of the tuition and fees the student paid to the college for the academic term in which the student was required to report for military service.
(AP 5013, 4/18/19)
Withholding of Student Records
The Assistant Superintendent/Vice President of Student Services may withhold grades, transcripts, diplomas, certificates, and registration privileges from any student or former student who fails to pay a proper financial objection to the District. The student shall be given written notification and the opportunity to explain if the financial obligation is in error.
The definition of proper financial obligation shall include but is not limited to: student fees; obligations incurred through the use of facilities; equipment or materials; library fines; unreturned library books; materials remaining improperly in the possession of the student; and/or any other unpaid obligation a student or former student owes to the District. A proper financial obligation does not include any unpaid obligation to a student organization.
Procedures for Notification Process
The Assistant Superintendent/Vice President of Student Services or designee shall notify the student or former student that records are being withheld and the reason therefore, including a statement of the amounts owed the College.
Release of Records
Records will be provided:
- During a period when facts are in dispute;
- When it is demonstrated to the Assistant Superintendent/Vice President of Student Services that reasonable progress is being made to pay the amount owed or that there exists a reasonable justification for delay in repayment;
- Upon payment of amounts owed.
A student whose records have been withheld may appeal the action through the Student Grievance Procedure (AP 5530).
(AP 5035, 6/18/02)
Academic Freedom and Responsibility
The San Joaquin Delta College Board of Trustees believes that faculty and students have the right to pursue teaching and learning with full freedom of inquiry. In order to assure that this viewpoint is understood by all, the Board has adopted the following policy on Academic Freedom and Responsibility:
- Academic freedom and academic responsibility are inseparable. Academic freedom is the right of the faculty member to interpret findings logically, rationally, and dispassionately and to communicate conclusions without being subjected to any interference, molestation, or penalization because these conclusions are at a variance with those of constituted authorities or organized groups beyond the College.
- Likewise, the academic freedom of the student is the freedom to express and to defend views or beliefs, the freedom to question and differ, without authoritative repression and without scholastic penalization by the faculty or the College.
- Academic freedom carries with it corresponding responsibilities. Academic responsibility emphasizes the obligation to study, to investigate, to present and interpret, and to discuss facts and ideas concerning man, human society, and the physical and biological world in all branches and fields of knowledge. Since human knowledge is limited and changeable, the instructor will acknowledge the facts on which controversial views are based and show respect for opinions held by others. While striving to avoid bias, the instructor will, nevertheless, present the conclusions to which he or she believes the evidence points.
To ensure for San Joaquin Delta College these principles of academic freedom, the administration of the College and the Board as the governing body of the District, will at all times demonstrate their support by actively and openly working toward a climate which will foster this freedom. Such participation will extend to the point of defending and supporting any faculty member who, while maintaining the high standards of his profession, finds his or her freedom of expression attacked or curtailed.
(Policy 6620, 1/21/69)
“Catalog Rights” enable any student who remains in attendance at San Joaquin Delta College to graduate by utilizing either the requirements published in the College Catalog at the time the student initially began attendance or at the time of graduation.
The graduation requirements that must be satisfied by any new student for an associate degree or certificate are available in the College Catalog in effect at the time of the student’s entrance or initial attendance at San Joaquin Delta College. For purposes of catalog rights, the new College Catalog is available at the beginning of each academic year and the academic year begins each summer and ends in the subsequent spring session.
In order to maintain catalog rights, a student must remain in attendance in regular sessions during each successive calendar year. For purposes of this procedure “attendance” means attendance in at least one semester or two quarters each calendar year.
A student meets the requirements for remaining in attendance if any of the following exist:
- the student attended at least one credit course at San Joaquin Delta College in each calendar year, earning any grade symbol, including “W”; or
- the student completed any units in a credit course at another California community college or any campus of The California State University in the calendar year; or
- the student was on an educational leave (e.g., documented medical or military leave) approved by San Joaquin Delta College. Absence due to an approved educational leave or for attendance at another accredited institution of higher learning shall not be considered an interruption in attendance if the absence does not exceed two years.
A student remaining in attendance may elect to meet the graduation requirements in effect at the time of entrance, initial enrollment, or submission of application for graduation from San Joaquin Delta College.
Students changing their major may petition to utilize the graduation requirements from the College Catalog in effect at the student’s entrance or initial attendance at San Joaquin Delta College or will be required to complete those requirements for the major in effect at the point of change or at the time of application for graduation.
The student may also petition substitutions for discontinued courses.
(AP 4024, 4/4/23)
Educational Privacy Rights of Students
The Family Educational Rights and Privacy Act (Section 438, Public Law 93-380), as amended, requires educational institutions to provide: student access to official educational records directly related to the student; explanation of educational records and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading, or otherwise inappropriate; that the College must obtain the written consent of the student before releasing personally identifiable information about the student other than to a list of persons and agencies specified by the Act; and that these rights extend to present and former students of the College. The act provides that the College may release certain types of directory information, unless the student submits a request in writing to the Office of Admissions and Records that certain or all such information shall not be released without the student’s consent.
Directory information at Delta College includes the student’s name, address, Delta College electronic mail address, telephone listing, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student. The student may also need his/her parents’ consent before financial aid statements on file can be released to the student. The student should confer first with the Office of Admissions and Records regarding any inquiries of the student’s educational records.
Free Expression: Time, Place, and Manner
Students and employees of the District and members of the public shall be permitted to exercise their rights of free expression upon the District campuses consistent with law and in accordance with provisions for the time, place, and manner of conducting such activities, as specified in this procedure and Board Policy 3760, Free Expression: Time, Place, and Manner.
Free Expression Standards
- An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student, District employee, or member of the public engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution.
- Expression includes, but is not limited to, speech, communication, demonstrations, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, and other insignia on the District’s campuses.
- Free expression permitted on the District’s campuses is speech or other communication protected by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.
- Prohibited Expression On the District’s Campuses Includes:
- Expression that is not protected by the United States or California Constitutions;
- Expression that is defamatory or obscene according to current legal standards;
- Expression that so incites others as to create a clear and present danger of the commission of unlawful acts on District property;
- Expression that is “hate violence” under Education Code § 66301, defined as any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, because of the ethnicity, race, national origin, religion, sex, sexual orientation, disability, or political or religious beliefs of that person or group. Acts shall not be considered “hate violence” based on speech alone, except upon the showing that the speech itself threatens violence against a specific person or group of persons, that the person or groups of persons reasonably fears that the violence will be committed because of the speech, and that the person threatening violence had the apparent ability to carry out the threat;
- Expression that violates lawful District regulations, unless constitutionally protected;
- Expression that substantially disrupts the orderly operation of the District, unless constitutionally protected.
The facilities of the District are non-public forums, except for areas designated by the District as public forums and reserved for expressive activities, which do not violate District policy, and which are lawful. Free expression may be exercised in public forums in accordance with this procedure.
Public forums are areas that provide visibility and allow communication to a large number of students, administrators, faculty, and others walking or traveling on campus but also so as not to disrupt educational and other activities of the District on behalf of students.
The grassy areas and similar paved common areas of the District’s campuses are public forums, with the exception of outside areas immediately adjacent to classrooms where teaching and learning would be disrupted by the exercise of free expression or narrow outside walkways or corridors where the free-flow of foot traffic would be impeded by the exercise of free expression.
The areas of the District’s campuses generally available to students and the community, such as the Joseph Serna Amphitheatre and the Dolores Huerta Plaza are designated as public forums. The Joseph Serna amphitheater will be available as much as is practical and if not otherwise in use by the District. The District reserves the right to revoke that designation and apply a non-public forum designation or place other reasonable time and manner restrictions on the use of designated public forums. Areas which are public forums are reserved and open for expressive activities is subject to the following:
- Persons using and/or distributing material in the areas shall not impede the progress of legal right-of-way of any passersby, nor shall they force passersby to take material;
- No person using the areas shall touch, strike, or impede the progress of passersby, except for incidental or accidental contact or contact initiated by a passerby;
- Persons using the areas shall not use any means of amplification that creates a noise or diversion that disturbs or tends to disturb the orderly conduct of the campus or classes;
- Persons using the areas shall not use portable objects to stand on, including but not limited to boxes, crates, step stools, or ladders.
Non-student, community groups wishing to engage in speech or expressive activities (with the exception of distributing petitions, circulars, leaflets, newspapers, and other printed matter) on campus, in the areas designated as public forums, must provide notification to the District through the Arts, Humanities, and Multimedia TrAC Office three (3) business days in advance of the activities and must describe the nature of the planned activities. No illegal activities will be permitted, no activities which violate District or campus rules, including rules and laws on illegal harassment and discrimination, and none that will substantially interfere with or disrupt activities already scheduled for that day and time in the designated areas.
Areas of the District facilities that are non-public forums specifically include campus offices and office hallways, classrooms, warehouses, maintenance yards, building center quad areas, child development areas, or locker rooms, and any other area not specified above as a public forum. The District reserves the right to designate additional areas as non-public forums, consistent with the law, as necessary to prevent the substantial disruption of the orderly operation of the College.
Posting of Materials
Bulletin boards labeled for the exclusive use of a particular District agency, Transfer and Career Pathway (TrAC) Office, or department are not available for posting materials, by students, staff, faculty, or members of the public.
Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, faculty, and members of the public. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production, as well as an expiration date, which is the date thirty days after the material was first posted. The following criteria also apply to postings:
- All posters or banner announcements are restricted to bulletin boards, outdoor kiosks, center courtyard banners, and to the building “clothes lines” (fixed cabling).
- Expired posted materials may be removed after the passage of thirty (30) days by students, employees of the District or members of the public.
- The “clothes lines” (fixed cabling) devices located on the San Joaquin Delta College campus will be managed by the District Marketing Department, which will accept posters or banners and attach these submissions to the selected device and remove the poster or banner attachments after thirty days. The Marketing Department does not have editorial control over submitted posters and banners and will attach all submissions on a first come, first served available space basis, unless the submission will not physically function on the clothes line device or the submitted material clearly violates section B of this procedure. The Marketing Department’s own use of the clothes line devices may take precedence over any submissions.
The District’s Chief of Police or his/her designee may place posters and circulate materials referencing crime alerts, domestic violence, dating violence, sexual assault prevention and human trafficking on and from any locations on campus as needed to assist in the promotion of a safe and secure campus environment in matters related to the Clery Act, Title IX, VAWA, and any applicable federal, state laws, and/or District Policies and Procedures.
Distribution of Materials
Printed materials distributed on campus are subject to reasonable “time, place, and manner” restrictions. All persons using the areas that are designated public forums shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Such distribution shall take place only within those areas designated as public forums and are subject to the following:
- Distribution of all material on campus by any person is subject to conduct specified in Penal Code, Sections 626.4 and 626.6.
- Individuals and/or organizations distributing such material must be appropriately identified.
- Distribution of such material in classrooms is expressly prohibited.
- Distribution of such material through the District mail services and facilities is permitted subject to the approval of the Assistant Superintendent/Vice President of Student Services or designee.
- Coercion to induce students to accept the printed matter or to sign petitions is prohibited.
- Funds or donations may not be collected for the material distributed.
- Materials may not be left undistributed or stacked for pickup while unattended at any place in the buildings or on campus.
- Materials discarded or dropped in or around the areas other than in an appropriate receptacle must be removed and properly discarded by those persons distributing the material prior to their departure from the areas that day.
- Materials left on the District’s campuses in violation of these procedures will be discarded by the District.
Demonstrations may only occur in areas on campus designated by the District as public forums:
- Demonstrations will not interfere with any class, approved program or meeting being conducted on the campus;
- Demonstrations will not interfere with ingress or egress, or normal pedestrian or vehicular traffic flow;
- Excessive noise and other disruptive activities will not be permitted;
- Students are not excused from class for participation in demonstrations;
- Obscenities and offensive behavior are not tolerated, unless constitutionally protected;
- Students participating in demonstrations are not protected from civil regulations and penalties, unless constitutionally protected.
See Board Policy and Administrative Procedure 6700, Use of Facilities.
(AP 3760, 3/7/19)
Shower Facilities for Homeless Students
Shower facilities may be available for use by students of San Joaquin Delta College District when such use does not conflict with District programs and operations. Shower facility use shall be limited to places and times identified by the Superintendent/President’s designee.
California Assembly Bill 1995 (Chapter 407, 2016) requires the governing board of a community college district with shower facilities for student use to grant access to those facilities to any homeless student who meets the following criteria:
- The student is enrolled in a minimum of five (5) units of coursework;
- The student has paid enrollment fees;
- The student is in good standing with the community college district.
Shower facilities are only available at the Stockton main campus, located at Delta College in the physical education locker rooms. Showers can be accessed when facilities are open and available. The college will notify students of the facilities that are open to them.
The Dean of Social Science, Education, and Public Service is responsible for the coordination and implementation of these procedures.
Procedures for notifying homeless students of shower availability:
Assembly Bill 1995 defines homeless students based on the definition of “homeless children and youths” under federal law (42 U.S.C. § 11434a(2)), but reflecting the age of the homeless student population at the community college campus, rather than “children”. Homeless students for the purposes of this policy are those students enrolled in the District, but who lack a fixed, regular, and adequate nighttime residence. This includes, but not limited to, students who:
- are sharing the housing of the other persons due to loss of housing, economic hardship, or a similar reason;
- are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative accommodations;
- are living in emergency or transitional shelters;
- have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings; or,
- are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
The Dean of Enrollment Services and Student Development or designee is responsible for notifying identified homeless students of the shower facility availability on the campus at the beginning of each semester. Signage will be posted in close proximity to the shower facility regarding the availability of shower facilities for homeless students.
(AP 5220, 4/4/19)
Student Right to Know (SRTK)
Student Right-to-Know Rates for Fall 2018 Cohort
Completion Rate: 30.22 %
Transfer Rate: 6.98 %
In compliance with the Student Right-to-Know and Campus Security Act of 1990 (Public Law 101-542), it is the policy of our college district to make available its completion and transfer rates to all current and prospective students. Beginning in Fall 2018, a cohort of all certificate-, degree-, and transfer-seeking first-time, full-time students were tracked over a three-year period. Their completion and transfer rates are listed above. These rates do not represent the success rates of the entire student population at the College, nor do they account for student outcomes occurring after this three-year tracking period. Based upon the cohort defined above, a Completer is a student who attained a certificate or degree or became ‘transfer prepared’ during a three-year period, from Fall 2018 to Spring 2021. Students who have completed 60 transferable units with a GPA of 2.0 or better are considered ‘transfer prepared ‘. Students who transferred to another post-secondary institution, prior to attaining a degree, certificate, or becoming ‘transfer prepared’ during a five-semester period, from Spring 2019 to Spring 2021, are transfer students.
The purpose of this procedure is to provide a reasonable means for resolving student grievances when no other administrative procedure or departmental procedure for review, investigation or resolution of the matter exists. See Other Available Procedures below.
Any time for the completion of an action specified in this administrative procedure may be shortened or lengthened on a case-by-case basis for good cause, as determined by the Assistant Superintendent/Vice President of Student Services. Written notice of any change in the time limit shall be served on the student by postal mail or by email at the student’s District email address.
Definition of Terms:
Applicant - A person whose application for admission to the District has been denied.
Day - A day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
District - San Joaquin Delta Community College District.
Former Student - A person who is no longer enrolled as a student in the District.
Grievance - A complaint, charge, or appeal by a student or applicant based on an action by a District employee or agent that (1) allegedly violates a law, written Board Policy, or Administrative Procedure that grants a specific right to the student or applicant, or constitutes an arbitrary, capricious, or unequal application of specific law or written Board Policy, or Administrative Procedure, and (2) personally and directly affects the student or applicant when no other administrative procedure or departmental procedure for review, investigation, or resolution of the matter exists.
A grievance by an applicant to the College shall be limited to the denial of admission.
Grievance Facilitator - A dean of student services manager, who is selected either by the Assistant Superintendent/Vice President of Student Services or another District administrator appointed by the Superintendent/President, to facilitate resolution of grievances by mutual agreement of the parties.
Grievance Officer - A District administrator appointed by the Superintendent/President or designee to review a specific grievance and render a final decision.
Grievance Statement - A written statement (Form 5530) which clearly and concisely states (1) the law or Board Policy, or Administrative Procedure that allegedly has been violated or arbitrarily, capriciously, or unequally applied; (2) the facts and circumstances giving rise to the grievance and name(s) of all District employees and/or agents whose acts or omissions are at issue; (3) the desired remedy; (4) a brief description of informal resolution efforts and whether informal resolution efforts are still in progress; and (5) the student’s or applicant’s mailing address and/or email address and telephone number for notices and other communications in relation to the grievance.
Grievant - The student or applicant who submits a sufficient grievance as determined by the Grievance Facilitator pursuant to Section D, Facilitated Resolution Procedure.
Party - The grievant or any District employee or agent allegedly responsible for the violation of law, Board Policy, or Administrative Procedures or for arbitrary, capricious, or unequal application of a law, Board Policy, or Administrative Procedure.
Respondent - District employee or agent, who is identified by a student, former student, or applicant, as allegedly responsible for the violation or arbitrary, capricious, or unequal application of a law, Board Policy, or Administrative Procedure.
Student - An individual currently enrolled in the District.
Superintendent/President - The District’s Superintendent/President or a designated representative of the Superintendent/President.
Informal Resolution Procedure
Students and applicants shall make a reasonable, good faith attempt to resolve the matter by communicating first with the respondent(s) and, if unable to reach an informal resolution, with the respondent’s/respondents’ immediate supervisor within ten (10) days after the alleged act or omission giving rise to the grievance.
Facilitated Resolution Procedure
- If an Informal Resolution has not been reached and the student or applicant desires to continue to pursue resolution, he/she shall submit a written Grievance Statement on Form 5530 to the office of the Assistant Superintendent/Vice President of Student Services within twenty (20) days after the act or omission giving rise to the grievance.
- The Grievance Facilitator shall determine whether, as submitted, the Grievance Statement is sufficient. A Grievance Statement shall be deemed sufficient if:
- it is timely submitted
- the person submitting the Grievance Statement is a student, former student, or applicant, as defined in this procedure, and has made a reasonable effort to communicate with the respondent(s) and respondent’s/respondents’ immediate supervisor(s) to try to resolve the matter;
- the student or applicant is personally and directly affected by the act(s) or omission(s) alleged in the Grievance Statement;
- it specifies facts which, if true, would constitute a grievance under this procedure; and
- the grievance is not clearly frivolous, without foundation, or filed for purposes of harassment.
- If a Grievance Statement is not sufficient, the Grievance Facilitator shall notify the student or applicant in writing within ten (10) days whenever practicable. The Notice of Insufficiency shall identify the reason(s) for insufficiency.
- A student, former student, or applicant may submit a revised Grievance Statement which must be received in the Grievance Facilitator’s office within ten (10) days after the Grievance Facilitator either mailed or emailed the Notice of Insufficiency, whichever is later. If a revised Grievance Statement is not timely received or is also determined to be insufficient by the Grievance Facilitator, the student, former student, or applicant shall be notified, and the right to pursue further review under this procedure shall be deemed waived.
- The Grievance Facilitator shall try to facilitate a resolution through conference(s) with the parties, individually or together, and by any other voluntary means designed to facilitate a mutually agreeable, voluntary resolution.
- If the parties reach a resolution, they shall, with the assistance of the Grievance Facilitator, put the terms and conditions of the resolution in writing and sign and date the resolution agreement. The Grievance Facilitator shall retain a copy of the signed agreement
- If the Grievance Facilitator concludes that the parties are unable to reach a mutually agreeable, voluntary resolution, the Grievance Facilitator shall issue a Notice of Non-Resolution to the Grievant with a copy to the respondent(s). The Grievant may pursue administrative review as provided in Section E below.
If the Grievant desires to seek an Administrative Review of the Grievance, within ten (10) days after the Grievance Facilitator mailed or emailed the Notice of Non-Resolution, whichever is later, the Grievant shall submit a written Request for Administrative Review to the Grievance Facilitator, who shall forward it to the Superintendent/President, or designee, with a copy of the Grievance Statement, for assignment to a Grievance Officer. If the Grievance concerns a District employee, the Grievance Facilitator shall also forward a copy of the Request for Administrative Review to the employee within five days after receipt and notify the employee of the District’s intention to investigate in accordance with these procedures.
Unless other procedures are required by applicable laws or regulations, the Grievance Officer shall set up an Administrative Review Conference (“ARC”) as soon as practicable. At the ARC the Grievance Officer shall give the parties an opportunity to present information in support of, or to rebut, the Grievance and to state any proposed resolution(s). The Grievance Officer may ask the parties and non-parties questions and request that they provide relevant documents. Presentation of information and/or appearances by non-parties shall be permitted only with the Grievance Officer’s express authorization or as required under an applicable collective bargaining agreement.
The Grievance Officer shall issue a Notice of Decision to the parties within ten (10) days after conclusion of the ARC whenever practicable and send a copy to the Grievance Facilitator. The Grievance Officer’s decision shall be final.
Other Available Procedures
The District has specific procedures to address various concerns. The list below is intended to assist in identifying the appropriate procedure for specific complaints. Requests for help with determining the appropriate procedure may be directed to the Assistant Superintendent/Vice President of Student Services.
- Student disciplinary actions, which are covered under AP 5500 Standards of Student Conduct and BP/AP 5520, Student Discipline and Appeals Procedures.
- Challenges of Course or Program pre-requisites or co-requisites, which must be resolved through policies and procedures of the applicable academic department; and/or the Matriculation Appeals Committee.
- Financial Aid eligibility which must be appealed through the online appeal process on the District’s Financial Aid, Scholarships & Veterans Services webpage.
- Parking Citations which must be appealed through the online appeal process on the District’s Police Department webpage.
- Police Citations (i.e., “tickets” for moving violations, alcohol, etc.) which must be directed to the criminal justice system (court) in the same way as any traffic violation.
- Students with concerns regarding professional, clinical standards or training issues within specialized programs must follow the specialized grievance procedures listed in the specific program handbook:
- Law Enforcement Police Academy (Peace Officers Standards & Training - POST)
- Nursing Program - Associate Degree and Vocational (Health and Fitness TrAC)
- Psychiatric Technician Program (Health and Fitness TrAC)
- Radiologic Technology Program (Health and Fitness TrAC)
Unlawful Discrimination and Harassment complaints must be handled through the District’s Administrative Procedures 3435 and 3435.1, Discrimination and Harassment Complaint Procedure and Investigative Process, which are available from the District’s Office of Human Resources and on the District’s website.
Grade Disputes – AP 5530.1.
See Administrative Procedures 5500 Standards of Conduct, 5520 Student Discipline and Appeal Procedure, and 5530.1 Grades Disputes, Grievance Statement (Form 5530, available on the District’s Student Services Division Webpage).
(AP 5530, 4/4/19)
Note: All referenced forms are available on the District’s Student Services Division Webpage.
- Bad faith is synonymous with fraud, neglect, or refusal to fulfill some duty or contractual obligation, not prompted by an honest mistake as to one’s rights or duties.
- Business day is any day the District’s administrative offices are open to the public for business.
- Course professor is the professor who issued the grade that is disputed by the student.
- Day is a day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
- District is the San Joaquin Delta Community College District.
- Fraud is an intentional perversion of the truth for the purpose of inducing another to part with something valuable or to surrender a legal right.
- Incompetence is the lack of ability, legal qualification, or fitness to discharge a required duty.
- Mistakes include, but is not limited to, clerical errors and errors made by a professor in calculating a student’s grade.
- The party is a student or a course professor.
- Student is a student currently or formerly enrolled in the District who is disputing a grade issued by the course professor.
Informal Resolution: All Grade Disputes
- Petition for Change to Academic Record (“Petition”)
To challenge a grade a student shall first complete a Petition for Change to Academic Record (Petition Form AP 4231) and submit it with any supporting documentation to the Director of Admissions and Records. The Director of Admissions and Records will notify the student via email of the response from the course professor. (See AP 4231, Grade Changes and Adjustment of Fees)
Only one Petition for Change to Academic Record is allowed per course and must be submitted no later than one year after the last day of the term in which student took the course. (Education Code §76224, Title 5 §55025)
- Initial Meeting: All Grade Disputes
Except as provided below, a student who is dissatisfied with the course professor’s response to the Petition must meet with the course professor to try to resolve the dispute informally.
The student shall meet with a faculty member selected by the Dean if the course professor is unavailable.
The student shall meet with the Human Resources Manager if the student has filed a discrimination complaint against the course professor or with the Dean if the student believes that it is possible there has been gross misconduct by the course professor.
The student may be accompanied by a person (“advisor”) of his or her selection to provide advice in the course of resolving the grade dispute. The student may consult the advisor, but the advisor shall not speak for the student.
Students with disabilities may request accommodations to enable them to participate in grade dispute proceedings. Requests for accommodations should be directed to the Office of the Assistant Superintendent/Vice President of Student Services.
- Mediation: Grade Disputes Based on Bad Faith, Fraud, Incompetence, or Mistake
If meeting (pursuant to Section B 2, paragraph 2) does not resolve the dispute to the student’s satisfaction, the student may complete a Grievance Mediation Form and file it with the Dean of the course in which the disputed grade was issued.
On the Grievance Mediation Form the student shall include a statement explaining the factual basis(es) for his/her allegation(s) of bad faith, fraud, incompetency, or mistake; the name of the course and course professor; and the relief sought.
The Grievance Mediation Form shall be filed within ten (10) business days after the meeting (pursuant to section B 2, paragraph 2).
The burden is on the student to prove by a preponderance of the evidence that the facts alleged are true.
The Dean may meet with the parties individually and/or together to mediate the dispute. The Dean shall notify the parties of his/her Resolution Recommendation via email within twenty (20) business days after receipt of the Grievance Mediation Form.
Formal Resolution: Grade Disputes Based on Bad Faith, Fraud, Incompetence, or Mistake
- Time for Appeal
If either party is dissatisfied with the Dean’s Resolution Recommendation, he or she may appeal by submitting a completed Request for Grievance Hearing (Hearing Request Form 5540) along with a copy of the Petition and the Grievance Mediation Form to the Assistant Superintendent/Vice President of Instruction and Planning or designee.
The appeal must be received in the Office of the Assistant Superintendent/Vice President of Instruction and Planning, or designee, within ten (10) business days after the Dean emailed his/her Resolution Recommendation to the appealing party.
If a Hearing Request is not filed within ten (10) business days, the Dean’s Resolution Recommendation shall be final.
- Sufficiency of Appeal
- Determination of Sufficiency
Upon receipt of any Hearing Request, the Assistant Superintendent/Vice President of Instruction and Planning or designee shall determine whether the Hearing Request is timely.
Upon receipt of a student’s Hearing Request, the Assistant Superintendent/Vice President of Instruction and Planning or designee shall, in addition to timeliness, determine whether, assuming the alleged facts are true, the Hearing Request, Petition and Grievance Form state a grade dispute based on bad faith, fraud, incompetency, or mistake. (Education Code §76224(a); 5 CCR §55025(a))
- Sufficiency Notice
The Assistant Superintendent/Vice President of Instruction and Planning or designee will notify the student and course professor via email of his/her sufficiency determination within ten (10) business days after receipt of the Hearing Request. The notice shall specify the reason(s) for the determination.
If the Hearing Request is insufficient, the student may submit an amended Hearing Request within five (5) business days after receipt of the amended Hearing Request. The Assistant Superintendent/Vice President of Instruction and Planning’s or designee’s sufficiency determination shall be final.
If the Assistant Superintendent/Vice President of Instruction and Planning or designee determines that the Hearing Request is sufficient, a Hearing Panel shall be convened.
- Hearing Panel/Hearing Procedures
- Hearing Panel
The Assistant Superintendent/Vice President of Student Services shall select a Hearing Panel composed of two educational administrators and the Dean or immediate supervisor of the course Professor.
- Hearing Notice
The Assistant Superintendent/Vice President of Student Services or designee shall give the parties, via email, at least ten (10) business days prior notice of the hearing date, time, and place.
- Submittal of Documentary Evidence
The parties shall submit all documentary evidence to be considered at the hearing to the Assistant Superintendent/Vice President of Student Services or designee and the other party at least five (5) days prior to the hearing date. No late documentary evidence will be considered at the hearing except upon a showing to the satisfaction of the Hearing Panel that such evidence could not have been submitted in a timely manner through no fault of the party.
- Witness Authorization
Neither party may bring witnesses to the hearing except with the advance authorization of the Assistant Superintendent/Vice President of Student Services or designee. Such authorization may be requested by submitting a written request, at least five (5) days prior to the hearing date, to the Assistant Superintendent/Vice President of Student Services or designee.
Authorization to bring witness(es) to the hearing will be granted only if the testimony of the proposed witness(es) is based on personal observation of incidents that are material to the allegations of bad faith, fraud, incompetence, or mistake.
- Presentation of Evidence
At the hearing the parties will have an opportunity to present evidence by their own testimony and testimony of authorized witnesses, if any, and by documentary evidence.
The burden shall be upon the student to prove by a preponderance of the evidence that the disputed grade was assigned due to bad faith, fraud, incompetence, or mistake.
Hearing Panel Recommendation / Superintendent/President’s Review
Within five (5) business days after the close of the hearing, the Assistant Superintendent/Vice President of Student Services or designee shall prepare and send to the Superintendent/ President the Hearing Panel’s recommendation. The recommendation shall include specific factual findings, specific conclusions on whether bad faith, fraud, incompetence, or mistake has been established, and the relief to be afforded the student, if any. The recommendation shall be based only on the hearing record which shall include the Petition, Grievance Mediation Form, the Hearing Request, documentary evidence submitted for the hearing, and oral testimony given at the hearing. The Superintendent/President shall review the recommendation of the Hearing Panel and within twenty (20) business days notify the parties by email of his/her decision.
The Superintendent/President’s decision shall be final.
Any time for the completion of an action specified in this administrative procedure may be shortened or lengthened on a case-by-case basis for good cause, as determined by the Assistant Superintendent/Vice President of Instruction and Planning or the Assistant Superintendent/Vice President of Student Services. Written notice of any change in time limit shall be served on the student by postal mail or by email at the student’s District email address.
See Administrative Procedures 4231 Grade Changes and Adjustment of Fees, 5500 Standards of Student Conduct, 5520 Student Discipline and Appeal Procedure, and 5530 Student Rights, Grievances, and Grade Disputes: Petition Form 4231, Grievance Mediation Form 5530, Hearing Request Form 5540
Note: All referenced forms are available on the District’s Student Services Webpage
(AP 5530.1, 4/4/19)
Standards of Student Conduct Policy
A student enrolled at San Joaquin Delta Community College District assumes an obligation to conduct him/herself in a manner compatible with the District’s function as an educational institution. This includes the obligation to act with honesty and integrity. Students are expected to treat members of the campus community, District property, and personal property of members of the campus community with respect and to take care not to cause harm to others or their property. Students are expected to obey all federal and state laws as well as all campus rules and regulations.
The Superintendent/President shall establish regulations setting standards and expectations for student conduct, including regulations specifying acts by students that constitute student misconduct and the disciplinary consequences for such misconduct as defined in Administrative Procedure 5500, Standards of Student Conduct.
For the purpose of this policy, the term “student” includes applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending.
(BP 5500 6/17/14)
Standards of Student Conduct Procedure
Students are expected to comply with all federal and state laws as well as all District policies and procedures. Students are obligated to engage in all District activities with respect so as not to disturb the opportunity for faculty and staff to perform their duties and for students to gain the full benefits of participation in their classes and other District programs.
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 AP 3433 Prohibition of Sexual Harassment under Title IX, and AP 3434 Responding to Harassment Based on Sex under Title IX:
- Causing or attempting to cause, or threatening to cause physical injury to another person;
- 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 the SJDC Chief of Police;
- Unlawful possession, use, sale, offer to sell, or furnishing any controlled substance listed in the California Health and Safety Code Sections 11053 et seq., any 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;
- 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 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;
- Willful misconduct that results in injury or death to a student or to District 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;
- Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty that is intended to gain an unfair academic advantage including, but not limited to: misrepresenting work completed by others as their own, submitting work to one class completed in another without instructor permission, buying, selling, copying, photographing or disseminating answers to exams or homework, using any device in class without instructor authorization;
- Dishonesty; forgery; alteration or misuse of District documents, records or identification; or knowingly furnishing false information to the District;
- Unauthorized entry upon or use of District facilities;
- Lewd, indecent or obscene conduct or expression on District owned or controlled property, or at District sponsored or supervised functions as defined in AP 3760;
- Engaging in expression which is obscene, libelous or slanderous, according to current legal standards or which so incites students as to create a clear and present danger of the commission of unlawful acts on District premises or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District as defined in AP 3760;
- Persistent, serious misconduct where other means of correction have failed to bring about proper conduct;
- 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 type-written class notes, except as permitted by any District policy or administrative procedure;
- Any other conduct that threatens the health, safety or security of the campus community, or substantially disrupts the functions or operation of the District is within the jurisdiction of this Article, regardless of whether it occurs on or off campus, and whether or not it is specifically described above. Students who engage in any of the above are subject to the procedures outlined in AP 5520 Student Discipline Procedures.
The District is committed to the principles and philosophies of restorative justice and approaches outcomes from a progressive lens to determine sanctions for conduct violations. Students who are determined to have engaged in misconduct as described herein are subject to the procedures outlined in AP 5520 Student Discipline Procedures.
See also BP/AP 5500 Standards of Student Conduct and BP/AP 5520 Student Discipline and Appeal Procedure.
(AP 5500, 5/16/23)
Student Discipline and Appeal Procedure
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.
This administrative procedure is 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 Education Code Section 76120, and will not be used to punish expression that is protected.
Students with disabilities may request accommodations to enable them to participate in these student discipline and appeal procedures. Requests for accommodations should be directed to Disability Support Programs and Services (DSPS).
District - The San Joaquin Delta Community College District.
Student - Any person currently enrolled as a student at any college or in any program offered by the District 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.
Conduct Officer or designee - The Superintendent/President’s designee assigned to administer discipline for student behavior that violates the Standards of Student Conduct (AP 5500). The Conduct Officer shall be assigned by the Assistant Superintendent/Vice President of Student Services.
Short-term Suspension - Exclusion of the student by the Conduct Officer or designee, for good cause, from one or more classes for a period of up to ten (10) consecutive days of instruction.
Long-Term Suspension - Exclusion of the student by the Conduct Officer or designee, for good cause, from one or more classes for the remainder of the school term, or from all classes and activities of the District for one or more terms.
Removal from class - Exclusion of the student by an instructor for the day of the removal and the next class meeting.
Written or Verbal Reprimand - An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. Written reprimands may become part of a student’s permanent record at the college. A record of the fact of a written reprimand may be included in a student’s discipline. A record of the fact that a verbal reprimand has been given may become part of a student’s record at the college for a period of up to one year.
Withdrawal of Consent to Remain on Campus - Withdrawal of consent by the District police, Conduct Officer or designee for any person to remain on campus in accordance with California Penal Code Section 626.4 where the District police, Conduct Officer or designee has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus.
Day - Day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
Process for Short-term Suspensions, Long-term Suspensions, and Expulsions - Before any disciplinary action to suspend, or expel is taken against a student, the process shall be defined to include the following:
Notice - The Conduct Officer or designee will provide the student with written notice of the conduct warranting the discipline. The written notice will include the following:
- the specific section of the Standards of Student Conduct that the student is accused of violating;
- short statement of facts supporting the accusation;
- the right of the student to meet with the Conduct Officer or designee to discuss the accusation, or to respond in writing;
- the nature of the discipline that is being considered.
Time Limits - The notice must be provided to the student within ten (10) business days of the date on which the conduct is reported; in the case of continuous, repeated or ongoing conduct, the notice must be provided within ten (10) business days of the date on which conduct occurred or is reported which led to the decision to take disciplinary action.
Meeting - If the student chooses to meet with the Conduct Officer or designee, the meeting must occur no sooner than three (3) days after the notice is provided. At the meeting, the student must again be told the facts leading to the accusation, and must be given an opportunity to respond verbally or in writing to the accusation.
Short-Term Suspension - Within fourteen (14) business days after the meeting described above the Conduct Officer or designee shall determine whether to impose a short-term suspension, whether to impose some lesser discipline action, or whether to end the matter. Written notice of the Conduct Officer or designee’s decision on a short-term suspension shall be final.
Long-Term Suspension - Within fourteen (14) business days after the meeting described above, the Assistant Superintendent/Vice President of Student Services shall, pursuant to a recommendation from the Conduct Officer or designee, decide whether to impose a long-term suspension. Written notice of the Assistant Superintendent/Vice President of Student Services shall be provided to the student. The notice will include the right of the student to request a formal hearing before a long-term suspension is imposed, and a copy of AP 5520 Student Discipline Procedures describing the procedures for a hearing.
Expulsion - Exclusion of the student by the Board of Trustees from all colleges in the District for one or more terms. Within fourteen (14) business days after the meeting described above, the Assistant Superintendent/Vice President of Student Services shall, pursuant to recommendation from the Conduct Officer or designee, decide whether to recommend expulsion to the Board of Trustees. Written notice of the Assistant Superintendent/Vice President’s decision shall be provided to the student. The notice will include the right of the student to request a formal hearing before expulsion is imposed, and a copy of AP 5520 Student Discipline Procedures describing the procedures for the hearing.
Request for Hearing - Within five (5) business days after receipt of the Assistant Superintendent/Vice President of Student Service’s decision regarding a long-term suspension or expulsion, the student may request a formal hearing. The request must be made in writing to the Assistant Superintendent/Vice President of Student Services or designee. Schedule of Hearing - The formal hearing shall be held within fifteen (15) business days after a formal request for a hearing is received.
Schedule of Hearing - The formal hearing shall be held within fifteen (15) business days after a formal request for a hearing is received.
Hearing Panel - The Hearing Panel for any disciplinary action shall be composed of at least one administrator, one faculty member, and one student. At the beginning of the academic year, the Superintendent/President, the presidents of the Academic Senate, Management Senate, and Associated Students of Delta College (ASDC) shall each establish a list of at least five (5) persons who may be selected to serve on Hearing Panels. However, no administrator, faculty member, or student who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall serve on a Hearing Panel.
Hearing Panel Chair - The Superintendent/President shall appoint one member from the panel to serve as the chair. The decision of the Hearing Panel Chair shall be final on all matters relating to the conduct of the hearing, unless there is a vote by both other members of the panel to the contrary.
Conduct of the Hearing - The members of the Hearing Panel shall be provided with a copy of the accusation against the student and any written response provided by the student before the hearing begins.
The facts supporting the accusation shall be presented by a designated college representative.
The college representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
Unless the Hearing Panel determines to proceed otherwise, the college representative and the student shall each be permitted to make an opening statement.
Thereafter, the college representative shall make the first presentation, followed by the student. The college representative may present rebuttal evidence after the student completes their evidence. The burden of proof shall be on the college representative to prove by the preponderance of the evidence that the facts alleged are true.
The student shall represent themself, and may also have the right to be represented by a person of their choice.
Unless the Hearing Panel determines that a complex legal issue is involved, the student shall not be represented by an attorney. If the student wishes to be represented by an attorney, a request must be presented not less than five (5) business days prior to the date of the hearing. If the student is permitted to be represented by an attorney, the college representative may request legal assistance. The Hearing Panel may also request legal assistance; any legal advisor provided to the panel may sit in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it.
Hearings shall be closed and confidential unless the student requests that they be open to the public. Any such request must be no less than five (5) business days prior to the date of the hearing.
In a closed hearing, witnesses shall not be present at the hearing expect while testifying, unless all parties and the panel agree to the contrary.
The hearing shall be recorded by the District either by audio recording or stenographic recording. No other recording of the hearing is permitted. In the event the recording is by audio recording, the Hearing Panel Chair shall, at the beginning of the hearing, ask all persons present who may participate in the hearing to identify themselves by name. No witness who refuses to be recorded will be permitted to testify. Audio recording shall remain in the custody of the District at all times, unless released to a professional transcribing service. The student may request a copy of the audio recording.
All testimony shall be taken under oath. The Hearing Panel Chair shall administer the oath. Written statements of witnesses shall not be admitted as evidence unless the statement is executed under penalty of perjury and the witness is unavailable to testify. A witness who refuses to be audio recorded is not unavailable.
Within five (5) business days following the close of the hearing, the Hearing Panel shall prepare and send a written decision to the Superintendent/President.
The decision shall include specific factual findings regarding the accusation, and shall include specific conclusions regarding whether any specific section of the Standards of Student Conduct that were violated. The decision shall also include a specific recommendation regarding the disciplinary action to be imposed, if any. The decision shall be based only on the record of the hearing, and not on matter outside of the record. The records consist of the original accusation, the written response, if any, of the student, and the oral and written evidence produced at the hearing.
Long-Term Suspension - Within five (5) business days following receipt of the panel’s recommended decision, the Superintendent/President shall render a final decision. The Superintendent/President may accept, modify, or reject the findings, decisions and recommendations of the Hearing Panel.
If the Superintendent/President modifies or rejects the decision, the Superintendent/President shall review the record of the hearing and prepare a written decision which contains factual findings and conclusions.
The Superintendent/President’s decision is final.
Expulsion - Within five (5) business days following receipt of the Hearing Panel’s recommended decision, the Superintendent/President determines that expulsion is the appropriate discipline penalty, the Superintendent/President shall make that recommendation to the Board. The Superintendent/President may accept, modify, or reject the findings, decisions and recommendations of the Hearing Panel. If the Superintendent/President modifies, or rejects the Hearing Panel’s decision, they shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions.The Superintendent/President’s decision shall be forwarded to the Board of Trustees.
The Board of Trustees - The Board of Trustees shall consider any recommendation from the Superintendent/President for expulsion at the next regular meeting after receipt of the expulsion recommendation.
The Board shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public session. (Education Code 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, or by student email, at least six (6) business 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 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 be in conflict with the right of 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 Superintendent/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 Board’s decision 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.
Immediate Interim Suspension (Education Code Section 66017) - The Superintendent/President in their absence, may order an immediate suspension when they conclude that an immediate suspension is required to protect lives or property and to ensure the maintenance of order. In cases where an interim suspension has been ordered, the time limits contained in these procedures shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, will be afforded to the student.
Removal from Class (Education Code Section 76023) - Any instructor may order a student removed from their class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the Dean who oversees the department and file an incident report with the Conduct Officer or designee. The Dean shall arrange for a conference between the student and the instructor regarding the removal. If the instructor or the student requests, the Conduct Officer or designee shall attend the conference. The student shall not return to the class during the period of the removal without concurrence of the instructor. Nothing herein will prevent the direct supervisor (dean) from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal.
Withdrawal of Consent to Remain on Campus - The Conduct Officer or designee or District police may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus, unless constitutionally protected as defined by AP 3760, that consent to remain on campus as been withdrawn. If the person is on campus at the time,they must promptly leave or be escorted off campus. If consent is withdrawn by the Conduct Officer or designee or the District police department, a written report must be promptly made to the Superintendent/President.
The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the period of the withdrawal. The request shall be granted not later than seven (7) business days from the date of receipt of the request. The hearing will be conducted in accordance with the provisions of this procedure relating to interim suspensions.
In no case shall consent be withdrawn for longer that fourteen (14) business days from the date upon which consent was initially withdrawn.
Any person who as to whom consent to remain on campus has been withdrawn, or who knowingly reenters while consent has been withdrawn, except to return for a pre-arranged meeting or hearing, is subject to arrest. (Penal Code Section 626.4)
Time Limits - Any times specified in these procedures may be shortened or lengthened if there is a mutual concurrence by all parties.
No Disciplinary Action against Complainants or Witnesses in Sexual Assault Investigations - An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(AP 5520, 5/16/23)