Policies, Procedures, and Standards

Disclaimer

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.

Campus Security

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 this information, visit the San Joaquin Delta College District Police Department website at www.deltacollege.edu/department/district-police-department or call (209) 954-5000.

Drug-Free Campus

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)

Fingerprinting Clearances

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)

Fire Alarms

During an audible fire alarm activation or when ordered to leave by the police, emergency personnel, or college staff, please take the following actions:

1. ALWAYS EVACUATE A BUILDING IF THE FIRE ALARM IS SOUNDING.
2. Inform others in the building who may not have responded to the alarm to leave immediately.
3. 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.
4. If time permits, turn off computers, unplug electrical equipment, take your purse or wallet, and close windows and doors before leaving.
5. 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.
6. 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.
7. 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.
8. If there is smoke in your only exit path, crawl on hands and knees, keeping your head as close to the ground as possible to avoid inhaling toxic fumes.
9. Relocate to a nearby parking lot and keep the pathways and roadways clear for responding emergency personnel.
10. Do not return to the building until told to do so by the Police Department or emergency personnel.

Nondiscrimination Policy

A. 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.

B. 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.

C. 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).

D. 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 measure up to and including termination from theinternship or other unpaid work experience program. (BP 3430, 2/1/22)

Smoking Policy

Smoking and the use or sale of tobacco products are prohibited on all District property. Smoking is also prohibited in all District owned and leased vehicles.

To enforce smoking and tobacco control regulations and procedures, the Superintendent/President is authorized to:

• Set enforcement standards for all District facilities and campuses.
• Impose a fine for first, second, third, and subsequent violations. The amount of the fines as outlined in Administrative Procedure 3570 (AP 3750) shall be approved by the Board of Trustees and cannot exceed one hundred dollars ($100.00). Funds shall be allocated to include, but not limited to, the designated enforcement agency, education and promotion of the policy, and tobacco cessation treatment options.
• Direct that the District post signage stating its tobacco use policy on campus Inform employees and students of the tobacco use policy and enforcement measures. (BP/AP 3570, 10/20/09, 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: 
Jennifer Boland, Human Resources Manager
Office of Human Resources
5151 Pacific Avenue
Administration Building, Room 202
Stockton, CA 95207
(209) 954-5056
jennifer.boland@deltacollege.edu

Title IX Co-Coordinator:
Dr. Lonita Cordova, Assistant Superintendent/Vice President of Student Services
Student Services Division Office 
Administration Building, Room 107
(209) 954-5632  
lonita.cordova@deltacollege.edu

Title IX Co-Coordinator:
Tony Espinoza, Athletic Director
Budd Building, Room 119
(209) 954-5176
tony.espinoza@deltacollege.edu

Course Audit

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)

Course Repetition

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 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 5 or District procedures relating to retention and destruction of records.

If the District is claiming apportionment under Title 5 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 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:

1. The course is required for legally mandated training,
2. The course is a special class for students with disabilities which the student needs to repeat
   1. When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific special class;
   2. 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
   3. 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.
3. Repetition of the course to retake a portion of the curriculum is justified by extenuating circumstances, or
4. The student wishes to repeat the course to alleviate substandard work recorded for a portion of the curriculum as authorized above.

Extenuating Circumstances

A student may repeat a course only if:

1. the repetition is expressly authorized by another provision of this article; or
2. 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.

1. A maximum of six semester units may be earned during one enrollment period in general work experience education.
2. A maximum of eight semester units may be earned during one enrollment period in occupational work experience education.
3. 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:

1. When continuing success of the student in other general and/or special classes is dependent on additional repetitions of a specific special class;
2. 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
3. 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 certify or document 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 certify or document that there has been a significant change in industry or licensure standards necessitating course repetition. (AP 4220.1, 3/7/19)

See AP 5075, Course Registration, Adds, and Drops

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

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 Advanced Placement Examinations

1. Any student who passes a College Board Advanced Placement (AP) examination with a minimum score of three in a subject matter is eligible to receive credit in a subject similar to that of the AP examination.
2. For any AP examination that San Joaquin Delta College does not offer a course similar in content, the District will award units of credit in the General Education area shown on the California Community College General Education AP List. The District shall publish the AP List in its College Catalog.
3. The listing of course equivalencies will be established by the Assistant Superintendent/Vice President of Instruction and Planning in conjunction with the appropriate faculty discipline group, Curriculum Committee, and Academic Senate.
4. AP examination information will be published annually, identifying the AP examination, required score, SJDC equivalent course, units awarded, SJDC General Education Area, CSU General Education Area, and IGETC General Education Area.  
5. An official copy of the AP Examination Student Score Report for Colleges and Universities and an AP Examination Credit Petition must be submitted to the Office of Admissions and Records for evaluation before credit is awarded.
6. Students requesting AP credit must first meet with a College counselor to review the AP Examination Credit Petition. Counselors will make students aware of transfer issues that may occur as a result of using AP examination credit as a substitute for completing required coursework. The counselor-reviewed petition must then be submitted to the Office of Admissions and Records for final approval.
7. Once approved, AP credit units will become part of the student record and printed on the official transcript. (AP 4235.1, 5/2/19)

Credit for Military Experience

To request an evaluation of military experience, a copy of the veteran’s separation document (DD214) and copies of any other certificates documenting special service schools must be filed with the Veterans Resource Center. Credit granted for schools is based upon recommendations of the American Council on Education in the Guide to the Evaluation of Education Experiences in the Armed Services. In order to qualify for evaluation the school must have been given on a formal, full-time basis (not a correspondence course, with the exception of certain high-level, non-resident courses). To be granted credit for work completed at another institution, the student should request that official copies of all prior college transcripts be mailed to the Veterans Resource Center at San Joaquin Delta College. Students may receive a maximum of 20.0 elective units. (See AP 4235)

Credit for Prior Learning

The purpose of Credit for Prior Learning is to recognize a student’s experience(s) and knowledge base for which credit or advanced standing has not been previously granted.

Students may demonstrate proficiency in a course eligible for Credit for Prior Learning and receive college credit through the approved alternative methods for awarding credit listed below:

• Achievement of a satisfactory score on an Advanced Placement (AP) examination
• Achievement of a satisfactory score on a high level International Baccalaureate (IB) examination
• Achievement of a satisfactory score on the College Level Examination Program (CLEP)
• Evaluation of Joint Service Transcripts (JST)
• Achievement of an examination administered by other agencies approved by the District
• Evaluation of industry recognized credential documentation
• Evaluation of student-created portfolios
• Satisfactory completion of an institutional examination, known as Credit by Examination (CBE), administered by the college in lieu of completion of an active course listed in the current college catalog

Credits acquired by examination are not applicable to meeting of such unit load requirements as Selective Service deferment, Veterans, or Social Security benefits.

Credits acquired by examination shall not be counted in determining the 12 semester hours of credit in residence required for an Associate degree.

    A. Determination of Eligibility for Credit for Prior Learning

• The student must be currently registered at the College, enrolled in the semester in which Credit for Prior Learning is requested, and making satisfactory academic progress
• The student must have previously earned credit or noncredit from the District or be currently registered in the College
• Current students must have an education plan on file
• The course is listed in the current San Joaquin Delta College Catalog
• The student must meet the prerequisite(s) for the course for which Credit for Prior Learning is requested. A student who does not meet the prerequisite(s) may seek entry into the class via a Declaration of Equivalency or Matriculation Appeal Petition (See AP 5052 – Open Enrollment)
• The student cannot have successfully completed or be currently enrolled in the course for which Credit for Prior Learning is requested
• Credit by Examination: The student is registered in the College and not currentlyenrolledinnorreceivedcreditforamoreadvancedcoursein thesamesubject(maybewaived bydepartment)

    B. Prior Learning Assessment Grading Policy

• Grading shall be according to the regular grading system in accordance with Administrative Procedure 4230 Grading Symbols
• Students shall be offered a “Pass/No Pass” option, in accordance with Administrative Procedure 4230.1 Pass No Pass Grading Option, if that option is ordinarily available for the course
• Students shall be given the opportunity to accept, decline, or appeal the grade assigned by the faculty, and in cases of Credit by Examination, pursuant to AP 4230 Grading Symbols and AP 4231 Grade Changes and Adjustment of Fees
• Units earned via Credit for Prior Learning shall not be counted in determining residency required for the associate degree or certificate.

    C. Transcription of Credit for Prior Learning

• The student’s academic record shall be clearly annotated to reflect that credit was earned by assessment of prior learning

    D. Methods of Earning Credit for Prior Learning

• Advanced Placement. See Administrative Procedure 4235.1 Credit for Advanced Placement Examinations
• International Baccalaureate. See Administrative Procedure 4235.2 Credit for International Baccalaureate Examinations
• College Level Examination Program. See Administrative Procedure 4235.3 Credit for College Level Examination Program Examinations (CLEP)
• Credit for Military Service/Training
  • Students interested in Credit for Prior Learning using Joint Service Transcripts shall receive credit as recommended by the American Council on Education (ACE). Directory and approved by the appropriate discipline faculty of the college under the following circumstances:
  • The student shall initiate the Credit for Prior Learning assessment petition available in the Admissions & Records Office
  • Official transcripts must be on file in the Records Office. These may include Joint Services Transcript (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 course equivalency shall be determined by the faculty of the appropriate discipline
  • Elective credit will be determined by Veteran Services
• Industry Recognized Credentials
  • Students interested in Credit for Prior Learning using industry recognized credential(s) shall receive credit as recommended by the appropriate discipline chair or faculty designee:
    • The student shall initiate the Credit for Prior Learning assessment petition available in the Admissions & Records Office
    • Admissions & Records shall grant credit for industry recognized credential(s) that have already been evaluated and approved by the appropriate department chair or faculty designee
    • If an industry recognized credential(s) has not yet been evaluated and approved by the appropriate faculty:
      • The student meets with the discipline chair or faculty designee receive further instructions for industry recognized credential(s) assessment
      • The student submits all industry recognized credential documents the discipline chair or faculty designee for assessment of prior learning
      • The discipline chair or faculty designee will make a determination of the industry recognized credential adequately measures mastery of the course content as set forth in the Course Outline of Record, the appropriate faculty shall sign the petition with the appropriate grade and forward it to the Records Office to be kept on file and recorded on the student transcript
• Student-Created Portfolio Assessment
  • Students interested in Credit for Prior Learning using a student-created portfolio shall receive credit as recommended by the appropriate discipline chair or faculty designee under the following circumstances:
    • A discipline approved portfolio assessment rubric for the course is on file
    • Recommended completion of COUN 70 Portfolio Development
    • The student shall initiate the Credit for Prior Learning assessment petition available in the Admissions & Records Office
    • The student meets with the discipline chair or faculty designee to receive further instructions for student-created portfolio assessment
    • The student submits all portfolio documents to the discipline chair or faculty designee for assessment of prior learning
    • The discipline chair or faculty designee will make a determination of whether the student-created portfolio adequately measures mastery of the course content as set forth in the Course Outline of Record, the appropriate faculty shall sign the petitionwith the appropriate grade and forward it to the Records Office to be kept on file and recorded on the student transcript.
  • Credit by Examination from within the College
    • The discipline chair or faculty designee shall determine whether or not a student requesting Credit by Examination is sufficiently well prepared to warrant being given this opportunity. This determination is based upon a review previous coursework and/or experience
    • Students wishing to take a course through Credit by Examination are encouraged to informally discuss the matter with the discipline chair or faculty designee and instructor prior to initiating the formal process. All steps must be completed in the order listed or the Petition for Credit by Examination shall not be processed. The Petition for Credit Examination must be completed prior to the end of the current semester or session
    • The College will award college course credit for successful completion of a College examination administered by the appropriate discipline faculty under the following circumstances:
• Achievement of a grade that qualifies for Credit by Examination through the Career and Technical Education (CTE) Transitions program
• Credit by satisfactory completion of an examination administered by the College in lieu of completion of a course listed in the San Joaquin Delta College Catalog
• The District Credit by Examination Process
• In order to permit students to demonstrate that they have met the objectives of a course through experience in the work place, foreign language proficiency,or some other process outside the conventional academic setting, student may earn credit by receiving a passing grade on an examination administered by the appropriate instructional department/program. The completion of Credit by Examination may require the demonstration of other skills or the completion of assignments in addition to an examination
• Upon completion of an education plan, students interested in Credit by Examination shall receive credit as recommended by the appropriate discipline chair or faculty designee under the following circumstances:
  • The Credit by Examination Procedures
    • Student shall initiate the Credit for Prior Learning assessment petition available in the Admissions & Records Office
    • Student meets with the department chair or faculty designee further instructions for Credit by Examination
    • The discipline chair or faculty designee will make a determination of whether the Credit by Examination assessment measures mastery of the course content as set forth in the Course Outline of Record, the appropriate faculty shall sign the petition with the appropriate grade and forward it to the Records Office to be kept on file and recorded on the student transcript.

The Department of Instructional Services is primarily responsible for the implementation of this policy.

Procedures and Responsibilities

Payment of CBE Fees - Payment of Credit for Prior Learning Fees – A fee no more than equal to the current per unit enrollment fee is paid by the student prior to the Credit for Prior Learning being added to the student academic record.

Professor Compensation - Examiner will be paid according to a negotiated amount as defined in the San Joaquin Delta College Teachers Association (SJDCTA) Collective Bargaining Agreement Appendices. (AP 4235, 4/15/21)

Distance Education

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.

1. Online Courses: The predominant means of distance education delivery. Students are not required to physically visit the campus.
2. 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.
3. 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.

Course Quality

1. 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’s Distance Education Plan (DE Plan).
2. As distinct from correspondence courses, all distance education courses are required to maintain regular effective substantive contact between the professor and students, in accordance with Title V. Regular effective substantive contact is defined as professor-initiated interaction and responsive interaction by the professor to students.
3. 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.

District Responsibilities

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:

1. Library and Learning Resources
2. College Support Services for Students
3. 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

1. 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:
   1. A secure login and pass code;
   2. Proctored examinations; or
   3. New or other technologies and practices that are effective in verifying student identity; and,
   4. Authentication that the online student who registers is the same as the participant.
2. 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.

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 Distance Education Plan. (BP/AP 4110, 4/7/15, 3/23/21)

Final Examinations

Instructors shall administer a final examination for each class. Exemptions to this policy may be authorized only by the Assistant Superintendent/Vice President of Instruction and Planning. The final examinations should be appropriate to the nature of the course as indicated in the course information sheet on file with the Assistant Superintendent/Vice President of Instruction and Planning.

Finals shall be given in accordance with the adopted academic calendar distributed by the Assistant Superintendent/Vice President of Instruction and Planning.

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.

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 29 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.

For face-to-face and hybrid courses that are offered in the fully-online format due to campus closures, the exam window must include the originally scheduled face-to-face final time. (BP/AP 4200, 12/1/19, 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)

Unit Limitations

Regular Semester

Students who have been unconditionally admitted may register for not more than twenty-one (21) units prior to the beginning of each semester. Students may enroll for an additional six (6) units after the semester has begun for a total unit limitation of twenty-seven (27) units per semester.

Inter-Session

Students who have been unconditionally admitted may be allowed to register for not more than twelve (12) units prior to the beginning of open registration. Students may add an additional three (3) units after open registration has begun for a total unit limitation of fifteen (15) units per intersession.

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. (AP 5075, 4/27/17)

Other Limitations:
International Student Program - not less than 12 units per semester. (Policy 5500 7/18/95)
Varsity Athletes - not less than 12 units per semester.
Student Financial Aid - At least 12 units per semester are required to assure eligibility for all aid programs.
(AP 5130, 6/11/15)

Academic Renewal

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:

1. 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.
2. 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.
3. Academic renewal is available only for courses taken at San Joaquin Delta College.
4. Academic renewal may be granted for a total of five courses only.
5. Academic renewal is irreversible.
6. 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:

1. 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.
2. Cumulative grade point average on students’ permanent record excludes all course work that has been approved for academic renewal.
3. No course work approved for academic renewal will apply toward graduation, certificate, or AA degree.
4. 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)

See AP 4220.1, Course Repetition and AP 4228, Course Repetition - Significant Lapse of Time

Dismissal and Reinstatement after Dismissal

I. Standards for Dismissal

1. 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).
2. 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.
3. 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.

II. Exemption from Dismissal

1. 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.
2. Students on Academic or Progress Probation who are subject to dismissal shall be exempt from dismissal if:
   1. Academic Probation: Any of the three probationary semesters are completed with a term GPA of 2.0 or above.
   2. Progress Probation: Any of the three probationary semesters are completed without entries of “W,” “I,” and “NP.”

III. Dismissal Appeals

1. 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.
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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.

IV. Standards for Reinstatement After Dismissal

1. Students must meet the following conditions for reinstatement:
   1. 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.
   2. During the first semester of reinstatement, course enrollment is limited to a maximum of twelve (12) semester units.
2. Notification of Reinstatement: A Counselor for whom the student is meeting with will notify the student.
3. Reinstate 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.
4. 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)

See BP 4250 Probation, Dismissal, and Reinstatement and AP 4250 Scholastic Probation

Grade Changes to Academic Record

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 “C” 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. (BP 4220, 8/13/02; BP/AP 4231 12/15/09, 5/31/11; AP 5530, 5/15/14)

Grading Symbols

 Academic Record Symbols and Grade Point Average*:

*Non-degree applicable courses are not included in the GPA. (AP 4230, 05/2/19 - AP 5075, 04/27/17)

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)

Scholastic Honors

Semester Honors

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

Scholastic Probation

Standards for Probation

1. 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.
2. 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%).
3. Notification of Probation Status
   1. 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 student of their status, and of the intervention services provided by the College.
   2. 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

1. Academic Probation: A student shall be removed from Academic Probation when the student’s cumulative grade point average is 2.0 or higher.
2. 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%.
3. The Office of Admissions and Records shall notify a student when he/she is removed from probation.

Probation Appeals

1. 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.
   1. 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.”
   2. 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.

Attendance

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.

Mandatory Withdrawals

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.

Continuous Enrollment

Continuous enrollment is the earning of college credit in a least one semester during an academic year without interruption of progress. To retain catalog rights for graduation under the year of initial enrollment, a student is required to maintain continuous enrollment through the completion of the requirements for graduation. An academic year begins with the summer intersession and includes the following fall and spring semesters. An emergency leave of absence for a term may be granted in those instances whereby absence is warranted. Leaves of absence must be requested and approved in advance of the term for which absence is anticipated. Leaves of absence must be approved by the Assistant Superintendent/Vice President of Student Services. (AP 4100, 10/1/20)

Course Registration, Adds, and Drops

Regular Registration

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/Corerequisite Appeals Process (See AP 5052).

Student Unit Load

Regular Semester

Students who have been unconditionally admitted may register for not more than twenty-one (21) units prior to the beginning
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 extentuating circumstances.

Inter-Session

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 extentuating 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 without the written authorization of the Assistant Superintendent/Vice President of Student Services or designee.

Late Registration

Census Classes
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.

Rosters

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 are 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

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:

• Student is 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.
• Student 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.          

Withdrawal from College or from a Course

Student Initiated

Students should drop courses via the online registration system. Withdrawing from the College or from a course is the responsibility of the student. When a student withdraws from the College or withdraws from a course, the drop will be reflected on the electronic class list provided through the District’s electronic data system.

Instructor Initiated

• Mandatory:
  • A student who violates the District’s attendance policy within the first census period will be dropped by the Instructor.         
• Discretionary:
  • A student who violates the District’s attendance policy after the first census date may be dropped by the Instructor prior to the last date for withdrawal specified above. Faculty members are strongly encouraged to notify a student before dropping the student from class by utilizing the Academic Alert Roster System to notify a student concerning an impending concerning an impending drop.

Disability-Related Absences

Upon receiving a request regarding disability-related absences from a student and after determining that the student’s absences are disability-related within the meaning of Section 504 and Title II, College’s Disability Support Programs and Services office (DSPS) will promptly contact the professor to determine whether allowing the student to remain in the class and/or receiving an incomplete should be provided as an academic adjustment or reasonable modification to accommodate the student’s disability, or whether such adjustments or modifications would constitute a fundamental alteration of the class.

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, 4/27/17)

See BP 5075 Course Registration, Adds, and Drops.

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 meet 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)

Transcripts

Official transcripts of courses taken at San Joaquin Delta College are prepared by the Office of Admissions and Records and issued according to the following regulations:

• Each transcript request must be submitted via the College web site, or in writing by the student to the Office of Admissions and Records.
• Pursuant to CA Education Code Section 76223, “that no charge shall be made for furnishing up to two transcripts of students’ records…” Therefore, students are entitled to receive two free transcripts only if requested by mail or in person. Important Note: “two free transcripts” does not apply to orders requested through the Online process.
• After the first two complimentary copies, copies are available for a fee payable in advance.
• Each transcript will include the student’s entire record of courses completed at Delta College.
• Official transcripts or records earned at other institutions which have been presented for admission or evaluation become part of the student’s permanent record and are not issued or copied for distribution.
• To expedite the forwarding of transcripts, all financial obligations to the College and administrative holds must be cleared.
• Due to the large number of transcripts requested at the end of each term, a minimum of two weeks should be allowed for requests to be filled during those periods. Transcripts verifying degrees may take longer. (AP 5030 11/12/15)

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:

1. During a period when facts are in dispute.
2. 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.
3. Upon payment of amounts owed.

Appeal Procedure

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:

1. 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.
2. 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.
3. 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.
4. 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

A student may choose to apply for graduation under either the completion requirements in effect at the time of application for graduation or the graduation requirements in effect at the time of initial enrollment at the college, provided continuous enrollment is maintained.

Continuous enrollment is the earning of college credit in at least one semester during an academic year without interruption of progress. To retain catalog rights for graduation under the year of initial enrollment, a student is required to maintain continuous enrollment through the completion of the requirements for graduation. An academic year begins with the summer intersession and includes the following fall and spring semesters.

An emergency leave of absence for a term may be granted in those instances whereby absence is warranted. Leaves of absence must be requested and approved in advance of the term for which absence is anticipated. Leaves of absence must be approved by the Assistant Superintendent/Vice President of Student Services. (AP 4100, 10/6/20)

The College reserves the right to change program requirements based upon legal mandate and/or accreditation standards at any time.

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

1. 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.
2. 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.
3. 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.
4. 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.

District Facilities

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.

1. Public Forums
   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.

2. Notice: 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.
3. Non-Public Forums: 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

1. 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.
2. 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.

3. 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

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 disrupting 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)

Grade Disputes

Note: All referenced forms are available on the District’s Student Services Division Webpage.

1. Definitions
   1. 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.
   2. Business day is any day the District’s administrative offices are open to the public for business.
   3. Course professor is the professor who issued the grade that is disputed by the student.
   4. Day is a day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
   5. District is the San Joaquin Delta Community College District.
   6. 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.
   7. Incompetence is the lack of ability, legal qualification, or fitness to discharge a required duty.
   8. Mistake includes, but is not limited to, clerical errors and errors made by a professor in calculating a student’s grade.
   9. Party is a student or a course professor.
   10. Student is a student currently or formerly enrolled in the District who is disputing a grade issued by the course professor.
2. Informal Resolution: All Grade Disputes
   1. 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)
   2. 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.
   3. 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.
3. Formal Resolution: Grade Disputes Based on Bad Faith, Fraud, Incompetence, or Mistake
   1. 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.
   2. Sufficiency of Appeal
      1. 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))
      2. 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.
   3. Hearing Panel/Hearing Procedures
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
   4. 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.
4. Time Limits. 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)

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.

Shower Facilities for Homeless Students

General Provisions:

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 2017 Cohort
Completion Rate: 28.96 %
Transfer Rate: 8.29 %

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 2017, 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 2017 to Spring 2020. 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 2018 to Spring 2020, are transfer students.

Student Grievances

A. Purpose

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 exits. See Section F, Other Available Procedures.

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 time limit shall be served on the student by postal mail or by email at the student’s District email address.

B. Definition of Terms

1. Applicant: A person whose application for admission to the District has been denied.
2. Day: A day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
3. District: San Joaquin Delta Community College District.
4. Former Student: A person who is no longer enrolled as a student in the District.
5. 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.
6. Grievance Facilitator: A dean or 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.
7. Grievance Officer: A District administrator appointed by the Superintendent/President or designee to review a specific grievance and render a final decision.
8. 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.
9. Grievant: The student or applicant who submits a sufficient grievance as determined by the Grievance Facilitator pursuant to Section D, Facilitated Resolution Procedure.
10. 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.
11. 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.
12. Student: An individual currently enrolled in the District.
13. Superintendent/President: The District’s Superintendent/President or a designated representative of the Superintendent/President.

C. 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.

D. Facilitated Resolution Procedure

1. 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.
2. The Grievance Facilitator shall determine whether, as submitted, the Grievance Statement is sufficient. A Grievance Statement shall be deemed sufficient if:
   1.  it is timely submitted
   2. 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;
   3. the student or applicant is personally and directly affected by the act(s) or omission(s) alleged in the Grievance Statement;
   4. it specifies facts which, if true, would constitute a grievance under this procedure; and;
   5. the grievance is not clearly frivolous, without foundation, or filed for purposes of harassment.
3. 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.
4. 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.
5. 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.
   1.   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
   2. 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.

E. Administrative Review

1. 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.
2. Unless other procedures are required by applicable laws or regulations, the Grievance Officer shall set 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.
3. 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.

F. 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.

1. Student disciplinary actions, which are covered under AP 5500 Standards of Student Conduct and BP/AP 5520, Student Discipline and Appeals Procedures.
2. 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.
3. Financial Aid eligibility which must be appealed through the online appeal process on the District’s Financial Aid, Scholarships & Veterans Services webpage.
4. Parking Citations which must be appealed through the online appeal process on the District’s Police Department webpage.
5. 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.
6. 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:
   1.  Law Enforcement Police Academy (Peace Officers Standards & Training - POST)
   2. Nursing Program - Associate Degree and Vocational (Health and Fitness TrAC)
   3. Psychiatric Technician Program (Health and Fitness TrAC)
   4. Radiologic Technology Program (Health and Fitness TrAC)
7. 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.
8. 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)

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

For the purpose of this procedure, 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.

Students are expected to obey all federal and state laws as well as all District policies and procedures. Students are obligated to treat 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.

A student may be disciplined, and sanctions imposed, in accordance with the procedures set forth in Administrative Procedure 5520, Student Discipline and Appeal Procedure, relating to attendance or District activity. Student misconduct constituting good cause for imposition of discipline includes, but is not limited to, the following:

1. Academic Misconduct - Plagiarism (including plagiarism in a student publication), cheating, or other forms of academic dishonesty, intended to gain unfair academic advantage. The following list of offenses is not intended to be fully exhaustive of all potential instances of academic dishonesty, cheating, plagiarism or falsification. Faculty and administrators may identify other acts constituting any of said types of student misconduct.
   1. Academic Dishonesty/Plagiarism: presenting work, words, ideas, theories, etc., derived in whole or in part from a source external to the student as though they are the student’s own efforts. Examples of plagiarism include, but are not limited to the following:
      1. Failing to use proper citations as acknowledgment of the true source of information found in a paper, written or oral examination, or any other academic exercise.
      2. Presenting any work completed in whole or in part by any individual or group other than the student, as though the work is the student’s own, in any academic exercise.
      3. Buying, selling, bartering, or in any other fashion obtaining or distributing material to be used fraudulently as part of any academic exercise.
      4. Disseminating or receiving answers, data, or other information by any means other than those expressly permitted by the professor as part of any academic exercise.
      5. Copying answers, data, or other information (or allowing others to do so) during an examination, quiz, laboratory experiment, or any other academic exercise in which the student is not expressly permitted to work jointly with others.
      6. Assuming another individual’s identity or allowing another person to do so on one’s own behalf for the purpose of fulfilling any academic requirement or in any way enhancing the student’s grade or academic standing.
      7. Using any device, implement, or other form of study aid during an examination, quiz, laboratory experiment, or any other academic exercise without the faculty member’s permission.
   2. Other Academic Misconduct: Alteration, distortion, forgery, falsification, or fabrication of data, records, or any information relevant to the student’s participation in any course or academic exercise or tampering with such information as collected or distributed by the faculty member.
      1. Falsifying, or attempting to falsify, attendance records, graded exercises of any kind, or any information or document intended to excuse the student from participation in any academic exercise.
      2. Inventing, fabricating, or falsifying data as part of the completion of any academic exercise.
      3. Knowingly furnishing false information (or facilitating the furnishing of false information) to a District official, faculty member, or staff member or campus office.
      4. Forgery, alteration, or misuse of a District document, key, or identification instrument.
      5. Misrepresenting one’s self to be an authorized agent of the District or one of its auxiliaries.
2. Other Misconduct (Non-Academic):
   1. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of others participating in District activities, to property within the District community or poses a significant threat of disruption or interference with District operations.
   2. Dishonesty (Non-academic dishonesty), lying, corruption, deceit, fraud or deception.
   3. Unauthorized entry into, presence in, use of, or misuse of District property.
   4. Willful, material and substantial disruption or obstruction of a District-related activity, or any on-campus activity.
   5. Participating in an activity that substantially and materially disrupts the normal operations of the District, or infringes on the rights of others participating in District activities.
   6. Willful, material and substantial obstruction that impedes the flow of pedestrian or other traffic, on or leading to District property or at a District- activity held at a remote location.
   7. Disorderly, lewd, indecent, or obscene behavior on District property or at a District activity, or directed toward a others participating in District activities.
   8. Disruptive behavior, willful disobedience, habitual profanity or vulgarity, open and persistent defiance of the authority of, or persistent abuse of, District personnel.
   9. Encouraging, permitting, or assisting another person to do any act that could subject him or her to discipline.
   10. Engaging in expression which is obscene; libelous or slanderous; or which incites students so as to create a clear and present danger of the commission of unlawful acts on the District premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the District.
   11. Conduct that threatens, endangers, or harms the health or safety of any person within the District community; including communicable disease and the failure to address or treat communicable disease, infection or infestation (including insects), strong body odor of alcohol or marijuana emanating from one’s person, spitting, physical abuse, physical injury, threats, intimidation, harassment, stalking, sexual harassment, indecent exposure, sexual battery, rape or other types of sexual misconduct.
   12. Engaging in harassing or discriminatory behavior based on religion, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation of any person, or status as a veteran or other status protected by law.
   13. Hazing or conspiracy to haze is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of a college (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of a College. The term “hazing” does not include customary athletic events or District sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
   14. Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and District procedures) or the misuse of legal pharmaceutical drugs (BP/AP 3550).
   15. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and District procedures), or public intoxication while on District property and/or at a District activity (BP/AP 3560) at a remote location.
   16. Smoking, use or sale of tobacco-related products in any area prohibited by law or by regulation of the District (BP/AP 3570).
   17. Theft or extortion of property or services from the District or others participating in District activities, misappropriation of District resources, or knowing receipt of any stolen property including that of the District or private property while on District property and/or at a District activity at a remote location.
   18. Unauthorized destruction or damage to District or property under the use of the District (BP/AP 6520).
   19. Possessing, selling, using or misusing, or furnishing, firearms or guns, replicas, BB, pellet or soft air guns, ammunition, explosives, fireworks, knives, swords, tasers, stun guns or other weapons, dangerous chemicals, or other dangerous objects (without the prior authorization of the District Superintendent/President or designee) on District property or at a District activity at a remote location.
   20. Unauthorized recording, photographing, dissemination, or publication of academic presentations (including handwritten notes) for any purpose.
   21. Possessing, selling, using or misusing, or furnishing pornographic materials or items.
   22. Misuse of District computer facilities, its network, or resources including:
       1. Unauthorized entry into a file for any purpose; including electronic sabotage, i.e., downloading virus software or any other method of sabotaging District computers.
       2. Unauthorized transfer of a file.
       3. Use of the identification or password of other individuals.
       4. Interference with the work of a member of the District community, interference with normal District operations, or violation of copyright laws.
       5. Sending obscene or intimidating and abusive messages through the District’s network services.
       6. Accessing, viewing or downloading any type of lewd, obscene or pornographic materials, and/or sharing or sale of said materials.
       7. Violation of the District’s computer use policy.
   23. Violation of any published District policy, rule, regulation or Superintendent/President’s or designee’s directive.
   24. Failure to comply with directions of, or interference with, any District official or any public safety officer while acting in the performance of his/her duties.
   25. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
   26. Initiation of a student discipline proceeding in bad faith.
   27. Disruption or interference with the orderly progress of a student discipline proceeding:
       1. Attempting to discourage another from participating in the student discipline matter.
       2. Attempting to influence the impartiality of any participant in a student discipline matter.
       3. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
       4. Failure to comply with the sanction(s) imposed under a student discipline proceeding.

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.

Nothing in this procedure may conflict with Education Code Section 66301, which prohibits disciplinary action against students based on behavior protected by the First Amendment. Students who engage in misconduct as described herein are subject to the procedures outlined in Administrative Procedure, AP 5520 Student Discipline and Appeal Procedure, for determination of misconduct and imposition of sanctions. Violations must be reported on Form 5510 Student Misconduct Report (available on the District’s Student Services Division Webpage). (AP 5500 5/14/14)

Student Discipline and Appeal Procedure

The purpose of this procedure is to provide a prompt, fair and equitable means to address student misconduct and shall be implemented in a manner that is consistent with students’ rights to due process under state and federal law. 

This administrative procedure shall not be implemented for purposes of retaliation or in a manner that infringes in any way on the rights of students to engage in free expression as protected by the state and federal constitutions and Education Code Sections 66301 and 76120.

Sexual misconduct including discrimination based on gender, sexual harassment, dating violence, domestic violence, sexual assault, stalking, sexual exploitation, and hate crimes based on gender are subject to investigation and action pursuant to Administrative Procedure 3450.1.

Students alleged to have engaged in misconduct may also be subject to civil court proceeding and criminal prosecution in accordance with applicable law.

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).

1. Definitions:
   1. Administrative Warning: A warning issued to a student by the Discipline Officer, or designee, that further violation of District policy or procedure will result in an appropriate disciplinary penalty.
   2. Administrative Withdrawal: Withdrawal from a course or courses by order of an educational administrator of the District as a result of violation of District policy or procedure.
   3. Advisor: A person selected by the student to support and/or advise him/her in the course of student discipline and appeal procedures. An Advisor may confer with the student but shall not speak for the student, except in the case of an advisor who is an attorney licensed to practice law in California and who concurrently represents the student on a criminal charge or charges arising out of the same facts and circumstances that form the basis for a pending student disciplinary proceeding.  In such case student shall give notice if he/she intends to be represented by counsel when requesting a Review Meeting (Section D.2) or an Appeal Hearing (Section E.1).
   4. Board: The Board of Trustees of the San Joaquin Delta Community College District.
   5. Conduct Notice Letter: Written notice to a student that an Incident Report Form has been found by a Discipline Officer to support potential disciplinary action.
   6. Conduct Outcome Letter: Written notice to a student that a decision on whether a disciplinary penalty is to be imposed for violation(s) of the Standards of Student Conduct (AP 5500).
   7. Day: A day during which the District is in session and regular classes are held, excluding Saturdays and Sundays. Business day means Mondays through Fridays, excluding holidays when the District Office is closed to the public, except as defined by law.
   8. Discipline Officer: The Superintendent/President’s designee to administer discipline for student behavior that violates the Standards of Student Conduct (AP 5500).
      
      The Discipline Officer for “Academic Misconduct” shall be the Assistant Superintendent/Vice President of Instruction and Planning, Dean of Student Learning and Assessment, or designee.
      
      The Discipline Officer for all other misconduct shall be the Assistant Superintendent/Vice President of Student Services, Dean of Enrollment Services and Student Development, or designee.
      
      Notwithstanding the foregoing, the Superintendent/President may designate any District administrator to serve as Discipline Officer as necessary to fulfill the purpose of this Administrative Procedure.
       
   9. District: The San Joaquin Delta Community College District.
   10. Expulsion: Permanent dismissal or exclusion of the student by the Board from all classes and activities of the District. Any student expelled pursuant to this procedure shall be permanently prohibited from being enrolled in any District class, program, extra-curricular activity and from participating in any district-sponsored event permitted by law.
   11. Hearing Coordinator: The Superintendent/President’s designee to facilitate to student discipline process including coordination of appeal hearings and training Hearing Panel members to conduct fair and efficient hearings. The Hearing Officer shall remain neutral. 
   12. Hearing Panel: The persons selected by the Hearing Coordinator from the lists prepared pursuant to Section F to conduct a disciplinary appeal hearing.
   13. Hearing Panel Clerk: The person selected for the fiscal year by the President/Superintendent from the lists prepared pursuant to Section F to perform the functions specified in Section F.
   14. Probation - Disciplinary: After violations(s) of the Standards of Student Conduct (BP/AP 5500), a specified period of conditional authorization to attend classes during which the student (a) is subject to reinstitution of any suspended disciplinary penalty or penalties, (b) further disciplinary penalties for any additional misconduct, and (c) may be restricted from extra-curricular activities.
   15. Professor or Faculty: Persons identified as “faculty” in Education Code section 87003(a) including instructors, counselors, librarians, health service professionals, and Extended Opportunity Programs and Services (EOPS) professionals. 
   16. Removal from Class: Exclusion of a student from a class by a professor for the day of the removal and, if directed by the professor, for the next class meeting (Education Code 76031; 76032).
   17.  Student: District applicants, admitted or currently enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending.
   18. Superintendent/President: The Superintendent/President of the San Joaquin Delta Community College District.
   19. Suspension, Types of:
       1.  Immediate Suspension:  An immediate suspension to protect lives or property and to ensure the maintenance of order with a reasonable opportunity for an administrative hearing within ten (10) days of imposition of the immediate suspension.  (Education Code 66017) 
       2. Short-term Suspension: Exclusion of the student for good cause from one or more classes for a period of up to ten (10) days by the Discipline Officer. Any student suspended pursuant to this procedure shall be prohibited from participating in any class, program, extra-curricular activity, or any event, on or off campus, that is affiliated with the District. (Education Code 73031(a))
       3. Long-term Suspension:  Exclusion of the student for good cause by the Superintendent/President or designee, 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.  Any student suspended pursuant to this procedure shall be prohibited from enrolling in the District and from participating in any class, program, extra-curricular activity, or any event, on or off campus that is affiliated with the District (Education Code 76031(b) and (c))
   20. Time Limits:  Any time for the completion of an action specified in this administrative procedure.  Time limits may be shortened or lengthened on a case-by-case basis for good cause, as determined by the Discipline Officer with regard to Section D, and by the Superintendent/President, or designee, with regard to Sections E through J of these administrative procedures.  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.
   21. Withdrawal of Consent to Remain on Campus: Pursuant to Penal Code section 626.4, when there is reasonable cause to believe a student has willfully disrupted the orderly operation of the campus, the Superintendent/President, Assistant Superintendent/Vice President of Student Services, or designee, may notify the student that consent to remain on campus or other District facility has been withdrawn.
   22. Written or Verbal Reprimand: An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. A record of the issuance of a written reprimand may be included in a student’s discipline record.
2. Disciplinary Penalties: The following penalties may be imposed on students who violate the District’s Standards of Student Conduct.
   1. Warnings and/or verbal or written reprimands.
   2. Probation
   3. Removal from Class, Related Service Area, or District Activities.
   4. Withdrawal of consent to remain on campus.
   5. Activities restrictions that do not include removal from class (e.g. prohibition on participation on clubs or District-sponsored activities).
   6. Instruction/Training on Plagiarism, Sexual Harassment and/or Anger Management.
   7. Restitution, including payment to the District or others, for the cost of replacing or repairing property damaged by the non-accidental acts of a student or for injury caused by such non-accidental acts.
   8. Revocation of admission, certificates, or degrees when admission, certificates, or degrees were obtained, in whole or in part, by deception or academic misconduct.
   9. Suspension, including immediate suspension, short-term, or long-term suspension.
   10. Expulsion
3. Removals from Class and Reports of Conduct Violation:
   1. Removal from Class:
      1. A professor may remove a student from a class or other areas of the District related to the professor’s service area.  Such decision shall be based on the student’s violation of the District’s Standards of Student Conduct and shall be at the sole discretion and professional judgment of the professor.  Removals by professors shall be final and shall not preclude the District from imposing other disciplinary penalties as described herein.
      2. Immediately after a Removal from Class or other areas related to a professor’s service area, the professor shall file a Student Misconduct Report Incident Report Form (Form 5510, available on the District’s Student Services Division Webpage), documenting the reasons the discipline was imposed and submit it to the Dean of Enrollment Services and Student Development for routing to the appropriate Disciplinary Officer and to the Dean.
   2. Reporting Violations:

      1. Academic Dishonesty Violations:  Plagiarism, cheating, falsifying information for an academic exercise, and other forms of academic misconduct.  A District employee must complete a Student Misconduct Report Incident Report Form (Form 5510, available on the District’s Student Services Division Webpage) and submit it to the Dean of Enrollment Services and Student Development. 

      2. Behavioral Violations:  Furnishing false information to a District official, forgery, willful disruption and other alleged violations of Standards of Student Conduct.  A District employee must complete a Student Misconduct Report Incident Report Form (Form 5510, available on the District’s Student Services Division Webpage) and submit it to the Dean of Enrollment Services and Student Development. 

      3. Safety Concerns or Extremely Disruptive Behavior:  Disorderly, lewd, or indecent conduct, dangerous or illegal activities, theft, drugs, alcohol or tobacco issues.  District employees should contact Campus Police, complete a Student Misconduct Report Incident Report Form (Form 5510, available on the District’s Student Services Division Webpage), and submit to the Dean of Enrollment Services and Student Development. When Police Services are involved, a District Administrative Report will be submitted to the Dean of Enrollment Services and Student Development for routing to appropriate Disciplinary Officer and to the Dean.

      4. Any District employee who reasonably believes that a student has violated the Standards of Student Conduct may file a written Student Misconduct Report Incident Report Form on Form 5510 and submit it to the Dean of Enrollment Services and Student Development.

         All incident reporting forms will be routed to the appropriate dean for investigation and follow up.

4. Disciplinary Review:
   1. Initial Review and Notice to Student:

      1. When an Incident Report Form or District Administrative Report is received by the District Discipline Officer, the Discipline Officer shall conduct an initial review which includes:

         1. The circumstances of the alleged misconduct;

         2. A summary of witness reports and other evidence;

         3. An analysis of the evidence;

         4. A preliminary determination of whether there is a reasonable basis for concluding that the alleged misconduct occurred; and if so,

         5. Whether imposing a disciplinary penalty or penalties would be an appropriate response to the alleged misconduct.

      2. If there is a reasonable basis for concluding that the alleged misconduct occurred and constitutes a violation of the Standards of Student Conduct, the Discipline Officer shall prepare a Notice of Potential Disciplinary Action Conduct Notice Letter and serve it on the student by postal mail at the student’s mailing address on file in the Office of Admissions and Records and by email to the student’s District email address.  Service shall be deemed complete upon the latter of placing the notice in a mailbox with postage prepaid or upon sending the notice by email.

      3. The Conduct Notice Letter shall include a description of the alleged misconduct; the potential disciplinary penalty or penalties and notice of the student’s right to respond in writing and to have a Review Meeting with the Discipline Officer.  The Notice of Potential Disciplinary Action Conduct Notice Letter ordinarily shall be provided to the student within a ten (10) days after the Discipline Officer received the Student Misconduct Report or Administrative Report Incident Report Form but the notice period may be extended for a reasonable period as necessary to gather, review and analyze relevant evidence.

   2. Student’s Response:
      
      The student shall have ten (10) business days from the date of service of the Notice of Potential Disciplinary Action Conduct Notice Letter to request a Review Meeting and/or submit a written response to the Discipline Officer.  Failure to respond to the Discipline Officer within ten (10) business days to schedule a Review Meeting shall constitute a waiver of the right to meet with the Discipline Officer.  Failure to cause a written response to be received in the Discipline Officer’s office within the ten-day period shall result in a waiver of the right to respond.
      
      If the student waives his/her right to submit a written response and his/her right to request to schedule a Review Meeting, the student shall be deemed to have waived his/her right (a) to provide any rebuttal to the Notice of Potential Disciplinary Action Conduct Notice Letter and (b) to appeal a disciplinary decision.  In such case, within fifteen (15) days after the effective date of waiver, the Discipline Officer shall issue a Notice of Disciplinary Decision Conduct Notice Letter which shall be final except as to Long-Term Suspensions and Expulsions.

   3. Review Meeting:

      If the student submits a timely request for a Review Meeting, the Discipline Officer shall meet with the student, inform the student of the evidence leading to a determination that discipline may be warranted, and give the student an opportunity to respond.

      The Discipline Officer shall issue a Notice of Disciplinary Decision Conduct Notice Letter within fifteen (15) days after receipt of the student’s written response or the date of the Review Meeting, whichever is later.

      If a timely written response has not been submitted and the student fails without excusable reason, as determined by the Discipline Officer, to attend a scheduled Review Meeting, the student shall be deemed to have waived his/her right (a) to provide any rebuttal to the Notice of Potential Disciplinary Action Conduct Notice Letter and (b) to appeal a disciplinary decision.  In such case, within fifteen (15) days after the date scheduled for the Review Meeting, the Discipline Officer shall issue a Notice of Disciplinary Decision Conduct Outcome Letter which shall be final except as to Long-Term Suspensions and Expulsions.

   4. Conduct Outcome Letter

      1. Service of Notice
         The Conduct Outcome Letter will be served on the student by postal mail at the student’s mailing address on file in the Office of Admissions and Records and by email at the student’s District email address. Upon extenuating circumstances, the Conduct Outcome Letter may be served by campus police to the student on campus, in class, or at a correctional facility.  Service shall be deemed complete upon the latter of placing the notice in a mailbox with postage prepaid upon sending the notice by email or by in person service by campus police.
          
      2. Content of Conduct Outcome Letter
         
         The Conduct Outcome Letter shall include:
         1. A description of the alleged misconduct;
         2. If applicable, a short summary of the evidence supporting a determination that disciplinary action is appropriate;
         3. The disciplinary penalty or penalties, if any; and, 
         4. If applicable, the duration of the disciplinary penalty or penalties
            
            If the student has waived his/her right to appeal, the decision of the Discipline Officer shall be final as to all disciplinary penalties, except Long-Term Suspension and Expulsion. The Discipline Officer shall confer with the Assistant Superintendent/Vice President of Student Services, or designee, prior to issuing a Notice of Disciplinary Decision Conduct Outcome Letter specifying Long-Term Suspension or Expulsion as the disciplinary penalty.
            
            Except when the Discipline Officer’s decision is final, or the student has waived the right to appeal the disciplinary decision, the Notice of Disciplinary Decision Conduct Outcome Letter shall also inform the student of the right to appeal the Discipline Officer’s decision to impose a Long-Term Suspension or Expulsion and include notice of or a copy of this administrative procedure.

   5. Resolution by Agreement or Waiver of Rights

      1. Resolution Agreement.  The Discipline Officer and student may mutually agree to resolve the matter through a resolution agreement that does not constitute formal discipline. The resolution agreement shall recite the underlying misconduct, outline the expectations of the parties, and be retained by the District for the duration of the student’s attendance. If the student breaches the resolution agreement or engages in further alleged misconduct, the misconduct underlying the resolution agreement may also serve as the basis for disciplinary action.

      2. A student may affirmatively waive hearing and/or appeal rights and agree to accept disciplinary action. The knowing and willing waiver of rights and acceptance of disciplinary action must be in writing and signed by the student.

5. Disciplinary Appeal Hearing - Long-Term Suspension and Expulsion Only
   1. Request for Disciplinary Appeal Hearing
      Except when the student has waived the right to appeal, within five (5) business days after service of the Conduct Outcome Letter, the student may submit a Request for Disciplinary Appeal Hearing Form (Form 5525), which is available from the Hearing Coordinator or on the District’s Student Services Division webpage.  If a Request for Disciplinary Appeal Hearing is not received in the Hearing Coordinator’s office on or before the fifth day, the right to an appeal hearing shall be deemed waived.  After receipt of a timely Request for Appeal Hearing, the Hearing Coordinator shall schedule a meeting with the student to review the appeal hearing process. 
   2. Bases for Appeal
      An appeal is limited to one or more of the following bases:

      1. The Review Meeting was not conducted in conformity with these Administrative Procedures.

      2. Based on the evidence available to the Discipline Officer at the time of the Review Meeting or the student’s waiver of the right to a Review Meeting, the decision set forth in the Conduct Outcome Letter is not supported by a preponderance of the evidence.

      3. There is relevant, material evidence which the student, in the exercise of reasonable diligence, could not produce at or before the Review Meeting.

      4. If the student intends to be represented by counsel, the student shall give notice to the Hearing Coordinator.

   3. Notice and Schedule of Disciplinary Appeal Hearing

      The Hearing Coordinator shall notify the student of the appeal hearing date, time and location at least fifteen (15) calendar business days in advance of the hearing.  The hearing shall be held within thirty (30) instructional business days after a request for an appeal hearing is timely received.

   4. Evidence/Hearing Materials

      The student shall have access to the District’s documentary evidence up to ten (10) days in advance of the appeal hearing. The student must submit all documentary evidence to the Hearing Coordinator at least five (5) calendar business days in advance of the appeal hearing. Documentary evidence submitted by the student less than five (5) calendar business days in advance of the hearing shall not be considered at the hearing except upon a showing, to the satisfaction of the Hearing Panel, that the evidence could not be submitted on time through no fault of the student.

6. Appointment of Hearing Panel

   1. At the beginning of the academic year, the Superintendent/President, the presidents of the Academic Senate, Management Senate, Classified 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 for a two (2) year term. Every person on the lists must agree to make himself/herself available when a hearing panel must be convened.

      The President/Superintendent/President shall appoint from any of the foregoing lists one (1) person to serve as the Hearing Panel Clerk for the academic year. The decision of the Hearing Panel Clerk shall be final on all matters relating to the conduct of the hearing, unless there is a vote by a majority of the members of the panel to the contrary.

      The Hearing Coordinator shall train the Hearing Panel Clerk and all others on the lists regarding their responsibilities under these Administrative Procedures, effective hearing protocol, the roles and responsibilities of panel members and the Hearing Panel Clerk and other matters bearing upon the integrity and effectiveness of a Hearing Panel.

   2. Hearing Panels for any Disciplinary Appeal action shall be composed of one (1) of the following: Superintendent/President appointee, one (1) administrator, one (1) faculty member, one (1) classified staff member, and except in cases involving allegations of sexual misconduct, one (1) student selected by the Hearing Coordinator from the above lists. In cases involving allegations of sexual misconduct, the Hearing Coordinator shall select the fifth panel member from any list other than the ASDC list; but if a fifth panel member is unavailable, the Hearing Panel shall proceed with four members.

   3. Hearing Officer Coordinator. The Hearing Coordinator may assign a neutral hearing officer rather than a Hearing Panel under circumstances that include, but are not limited to, a hearing that involves technical or legal complexities requiring specialized knowledge; the impartiality of the usual hearing process has been or may have been compromised; emergencies or other critical matters require that a hearing be convened without delay, and the hearing is expected to require more than two days to complete and hearing panel members are not readily available due to employment or school commitments, illness or injury.

      When a hearing officer is assigned, references to the “Hearing Panel” or “Hearing Panel Clerk” shall mean the “hearing officer,” and the roles and rules related to hearings by a Hearing Panel shall apply to the hearing officer to the extent practicable.

   4. Any District employee or student who has any personal involvement in the facts or circumstances of the underlying disciplinary matter, who is a witness or who could not otherwise act in a neutral manner (e.g., by reason of familial, personal or business relationship with the student or the student’s family), as determined by the Hearing Coordinator, may be removed from the panel by the Hearing Coordinator. Upon removal, the Hearing Coordinator shall appoint another person from the same list on which the removed person’s name appears.

7. Conducting the Disciplinary Hearing Panel

   1. The members of the Hearing Panel shall be provided with a copy of the District’s and student’s written evidence on the day of the hearing.

   2. Unless the Hearing Panel determines to proceed otherwise, the District’s representative and the student shall each be permitted to make an opening statement.

   3. The District representative followed by the student may call witnesses and introduce oral and written evidence relevant to the disciplinary proceeding. Witnesses may include administrators, faculty, classified staff members, and other students who have personal knowledge of the conduct on which the recommended Long-Term Suspension or Expulsion recommendation is based.
      
      The District’s representative and student are responsible for securing the attendance of their respective witnesses; the Hearing Panel does not have the authority to mandate their appearance.

   4. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might otherwise exclude such evidence in a court of law.

      When an accused student admits to misconduct, the Hearing Panel is not required to take additional evidence to support a factual finding as to the admitted conduct.

      The burden of proof shall be on the District to prove a violation of the Standards of Student Conduct by a preponderance of the evidence.

   5. Except as provided in this paragraph, the student shall represent himself or herself at the hearing.

      Before and during the hearing, the student may at his/her sole expense consult with an attorney or other advisor of his/her choice but, except as provided below when criminal charges are pending, the attorney or other advisor shall not directly participate in the hearing by raising objections; asking questions of the student, witnesses, or the hearing panel; presenting evidence on behalf of the student; arguing the student’s case; or advocating for or defending the student.

      The student’s attorney, if licensed in the State of California, may assist the student during the hearing only if, at the time of the hearing, there are criminal charges pending against the student and such charges are based on all or some of the conduct that is at issue in the disciplinary appeal hearing.

      The Hearing Panel may have the assistance of a legal advisor who may sit with the Hearing Panel in an advisory capacity only.

   6. An appeal hearing shall be closed and confidential unless the student requests that it be open to the public. Any such request must be submitted in writing to, and received by, the Hearing Coordinator no less than five (5) calendar business days prior to the date of the hearing. Notwithstanding the foregoing, any part of a public hearing that would disclose confidential information in violation of the right to privacy of any person other than the student shall be closed and confidential.

   7. Except for the student and the administrator serving as the representative of the District, witnesses shall not be present at the hearing except while testifying.

   8. The District shall make a record the hearing either by audio, video or stenographic recording. No other recording of the hearing is permitted. In the event the hearing is audio-recorded, the Hearing Panel Clerk 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.

      The original recording shall remain in the custody of the District at all times, unless released to a professional transcribing or copying service. The student may request a copy of the audio recording and/or the written transcript of the hearing. 

      District is under no obligation to cause the recording to be transcribed. If the District causes the recording to be transcribed, the District shall make an electronic or hard copy of the transcript available to the student if requested by the student; however, if the release of information in the recording or transcript would conflict with the right to privacy of any person other than the student, such information shall first be redacted.

   9. All testimony shall be taken under oath. The Hearing Panel Clerk, Hearing Officer, or court reporter, 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.

   10. After the presentation of all evidence, the Hearing Panel shall deliberate confidentially. Within five (5) days following the close of the hearing, the Hearing Panel Clerk shall prepare and submit a Hearing Summary to the Superintendent/President.
       
       The Hearing Summary shall include Hearing Panel’s findings of facts, a determination of whether there is good cause for disciplinary action, a statement of whether the Hearing Panel recommends upholding or overturning the Long-Term Suspension or Expulsion. The findings of facts and determination of good cause, if any, shall be based only on evidence presented at the hearing.

8. Final Decision - Long-Term Suspension or Expulsion
   1. Within five (5) days following receipt of the Hearing Panel’s Hearing Summary, the Superintendent/President shall render a written decision. The Superintendent/ President may accept, modify or reject the factual findings, determination of good cause and/or recommended disciplinary action: however, in no event may the Superintendent/ President impose discipline that is more severe than the discipline penalty set forth in the Conduct Outcome Letter.
      
      If the Superintendent/President modifies or rejects the Hearing Panel’s findings of fact, determination of good cause, and/or recommended disciplinary action, the Superintendent/President shall review the record of the hearing and prepare a written decision which contains factual findings and conclusions and specifies the disciplinary penalty.
      
      The Superintendent/President’s decision as to a Long-Term Suspension is final. The Superintendent/President’s Long-Term Suspension decision shall include a denial of access order as specified in Section I.
          
   2. Expulsion: If the Superintendent/President determines that expulsion is the appropriate discipline penalty, the Superintendent/President shall make that recommendation to the Board. (Education Code Section 76030).
       
   3. The Board shall consider any expulsion recommendation from the Superintendent/President at the next regular meeting or special meeting of the Board occurring at least ten (10) days after receipt of the Superintendent/President’s 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).
       
   4. The student shall be served with notice of the date, time, and place of the Board’s meeting, by registered or certified mail, by personal service, or with the student’s prior consent, by student email, at least six (6) calendar business days prior to the meeting date. Service shall be deemed complete upon deposit in the mail with postage prepaid, upon personal delivery, or upon sending by student email.

      The student may, may at least three (3) calendar business days prior to the Board meeting, notify the Hearing Coordinator of his/her request that the Board consider the matter in open session. Notwithstanding a student’s timely request for open session consideration, any discussion that would be contrary to the privacy rights of anyone other than the student and any deliberations on the disciplinary penalty will be held in closed session.  

   5. The Board of Trustees may accept, modify, or reject the findings, determinations and recommendations of the Superintendent/President. If the Board modifies or rejects the Superintendent/President’s decision, the Board shall review the record of the hearing and prepare a written decision which contains specific factual findings and conclusions. 

   6. Board action on an expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the District. The Board’s decision shall be final and shall be served upon the student by certified or registered mail or by personal delivery.

9. Post Suspension or Expulsion of Denial of Access

   Any Long-Term Suspension or Expulsion order issued after a hearing based in whole or in part on disruption of the orderly operation of the campus and/or other District facility shall include an order denying access to the campus and/or other District facility for the period of the suspension, or in the case of an expulsion, for a period not to exceed one year. A student who willfully and knowingly enters the campus and/or District facility during the period for which access has been denied is guilty of a misdemeanor.  (Penal Code 626.2)

   A student who enters the campus and/or District facility while an order denying access following suspension is in effect may be subject to additional disciplinary action.

   Nothing herein shall be construed to prevent the District from taking other available actions to deter the presence of a student on District property to ensure the safety of students and/or employees.

10. Student Records

    Whenever a document concerning the District’s decision to impose a disciplinary penalty is entered in a student’s records, the student may, within 30 calendar business days, submit a written response to the document to be included in his/her records.

11. Immediate Suspension

    The Superintendent/President, or any person assigned as acting Superintendent/President in his/her absence, may order an immediate suspension when he/she concludes that an immediate suspension is required to protect lives or property and to ensure the maintenance of order. The suspended student shall be provided with a reasonable opportunity for a hearing before the Superintendent/President within ten calendar days of the imposition of the immediate suspension.(Education Code 66017)

12. Withdrawal of Consent to Remain on Campus (Penal Code 626.4)

    When there is reasonable cause to believe that a student has willfully disrupted the orderly operation of the campus or a District facility, the Superintendent/President, Assistant Superintendent/Vice President of Student Services, their designees, or a District police officer may notify a student that consent to remain on campus or other facility under the control of the District has been withdrawn. If the student is on campus at the time, the student must promptly leave.

    Further, if consent is withdrawn by a person other than the Superintendent/President, that person must prepare a written report for the Superintendent/President’s or his/her designee’s review and determination whether there was reasonable cause to believe the student willfully disrupted the orderly operation of the campus/facility. If so, the Superintendent/President or designee must enter his/her confirmation on the report within 24 hours after consent was withdrawn. If not confirmed within 24 hours, the withdrawal of consent is deemed void.

    Any student who has received notice of withdrawal of consent pursuant to Penal Codes Section 626.4 may submit a written request to the Superintendent/President for an administrative hearing. In such case the Superintendent/President, or designee, shall afford the student an opportunity to be heard within seven (7) calendar business days after receipt of the written request.

    In no case shall consent be withdrawn pursuant to Penal Codes Section 626.4 for longer than fourteen (14) days.

    The Superintendent/President shall determine whether consent shall be reinstated. The Superintendent/President may submit a Student Misconduct Report Incident Report Form to the Discipline Officer for disciplinary consideration.

    Any student who remains on campus or at a facility after consent 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)
    (AP 5520, 4/18/19)