View the 2010-2011 Catalog (4 MB) - Lake Tahoe Community College
View the 2010-2011 Catalog (4 MB) - Lake Tahoe Community College
View the 2010-2011 Catalog (4 MB) - Lake Tahoe Community College
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LTCC CATALOG <strong>2010</strong>-<strong>2011</strong> 39disciplinary probation may appeal this disciplinary action to <strong>the</strong> VicePresident, Academic Affairs and Student Service. Records ofdisciplinary probation actions shall be retained in <strong>the</strong> Vice President,Academic Affairs and Student Services office. (Education Code§76031)Interim SuspensionIn those cases where an immediate suspension is required in order toprotect lives or property or to ensure <strong>the</strong> maintenance of order, <strong>the</strong> VicePresident, Academic Affairs and Student Services may summarilysuspend a student for a period not to exceed ten (10) instructional daysprovided that, within that ten-day period, a reasonable opportunity fora disciplinary hearing is provided to that student (Education Code§66017). Interim suspension is subject to <strong>the</strong> Due Process Hearing andAppeal Procedures outlined in <strong>the</strong> college catalog. Records of <strong>the</strong>interim suspension shall be retained in <strong>the</strong> Vice President, AcademicAffairs and Student Services office.Should <strong>the</strong> due process hearing procedures find in favor of <strong>the</strong> studentunder interim suspension, <strong>the</strong> student will be allowed to make-up anycoursework missed during <strong>the</strong> interim suspension.Disciplinary SuspensionDisciplinary suspension serves as a penalty against a student forrepeated, continued, or serious violations of <strong>the</strong> college's studentconduct standards. A student may be suspended from one or moreclasses for a period of up to ten (10) days of instruction; from one ormore classes for <strong>the</strong> remainder of <strong>the</strong> term; or from all classes andactivities of <strong>the</strong> college for one or more terms. A suspended studentmay be prohibited from occupying any portion of <strong>the</strong> campus and bedenied participation in any or all college activities. Disciplinarysuspensions shall be initiated by <strong>the</strong> Vice President, Academic Affairsand Student Services and are subject to <strong>the</strong> Due Process Hearing andAppeal Procedures outlined in <strong>the</strong> college catalog. Records ofdisciplinary suspensions shall be retained in <strong>the</strong> Vice President,Academic Affairs and Student Services office. (Education Code§66017, §76030, and §76031)ExpulsionExpulsion is <strong>the</strong> permanent and unconditional removal of a studentfrom <strong>the</strong> <strong>College</strong>. As distinguished from suspension, which is handledat <strong>the</strong> <strong>College</strong> level, expulsion from <strong>the</strong> <strong>College</strong> can only be executedby action of <strong>the</strong> Board of Trustees upon recommendation of <strong>the</strong>Superintendent/President (Education Code §76030). Expulsion isinitiated through <strong>the</strong> Due Process Hearing and Appeal Proceduresoutlined in <strong>the</strong> college catalog.The Superintendent/President may forward to <strong>the</strong> Board of Trusteesa written notice recommending expulsion which shall include a briefstatement of charges. The Superintendent/President as Secretary for<strong>the</strong> Board of Trustees will forward a letter to <strong>the</strong> student by certifiedmail (accompanied by a return receipt), advising <strong>the</strong> student of <strong>the</strong>intention of <strong>the</strong> Board to call and hold a closed session to consider anexpulsion. This written notification from <strong>the</strong> Superintendent/President to <strong>the</strong> student will include <strong>the</strong> following information:1. Statement of <strong>the</strong> charge(s), detailing <strong>the</strong> specific violation(s) of<strong>the</strong> <strong>College</strong>'s student conduct standards.2. Date, time, and place of <strong>the</strong> meeting of <strong>the</strong> Board of Trustees atwhich <strong>the</strong> matter of expulsion shall be considered. This hearingPOLICIES & PROCEDURESdate shall not be less than ten (10) days from <strong>the</strong> date <strong>the</strong> studentreceived <strong>the</strong> written notification from <strong>the</strong> Superintendent/President.3. Notice that <strong>the</strong> student may be accompanied at <strong>the</strong> hearing bylegal counsel, if so desired. If <strong>the</strong> student is to be represented bylegal counsel, he/she must so notify <strong>the</strong> Superintendent/President of that fact at least seven (7) days prior to <strong>the</strong> date of<strong>the</strong> scheduled hearing.4. Notice that <strong>the</strong> student may submit a written request, within 48hours after receipt of this written notification, that <strong>the</strong> hearingof <strong>the</strong> Board be held as a public meeting ra<strong>the</strong>r than in closedsession.Unless <strong>the</strong> student requests that <strong>the</strong> hearing of <strong>the</strong> Board be held as apublic meeting, <strong>the</strong>n <strong>the</strong> hearing to consider <strong>the</strong> matter shall beconducted by <strong>the</strong> Board in closed session. If a written request by <strong>the</strong>student is submitted, <strong>the</strong> meeting shall be public except that anydiscussion at <strong>the</strong> meeting that might be in conflict with <strong>the</strong> right toprivacy of any student o<strong>the</strong>r than <strong>the</strong> student requesting <strong>the</strong> publicmeeting, shall be in closed session. Whe<strong>the</strong>r <strong>the</strong> hearing is conductedbefore <strong>the</strong> public or in closed session, <strong>the</strong> Board shall confer in privatewith its designated legal counsel as necessary to consider <strong>the</strong> evidencepresented and reach its determination in <strong>the</strong> matter. When <strong>the</strong>sedeliberations are completed, <strong>the</strong> final action of <strong>the</strong> Board shall be takenat a public meeting and <strong>the</strong> result of that action shall be made a part of<strong>the</strong> public record of <strong>the</strong> <strong>College</strong> and forwarded to <strong>the</strong> student by certifiedmail (accompanied by a return receipt). (Education Code §72122)If <strong>the</strong> student fails to appear at <strong>the</strong> hearing before <strong>the</strong> Board ofTrustees, <strong>the</strong> Board may declare <strong>the</strong> student in default and proceed asif <strong>the</strong> student were present at <strong>the</strong> hearing.DUE PROCESS HEARING AND APPEALPROCEDURESConsistent with Education Code §66017 and §76030, <strong>the</strong> studentdisciplinary actions of suspension and expulsion are subject to <strong>the</strong> dueprocess hearing and appeal procedures described herein. In <strong>the</strong>procedures that follow, <strong>the</strong> terms "day/days" refer to days that <strong>the</strong><strong>College</strong> is open.In cases where lesser disciplinary actions have been ineffectual inhalting student misconduct or <strong>the</strong> magnitude of <strong>the</strong> misconductwarrants more severe disciplinary action, <strong>the</strong> <strong>College</strong> will initiate <strong>the</strong>process for a suspension or expulsion. When <strong>the</strong> decision is made toinitiate such a process, <strong>the</strong> representative of <strong>the</strong> <strong>College</strong> or o<strong>the</strong>rperson having knowledge of <strong>the</strong> violation of <strong>the</strong> student conductstandards will submit a written account to <strong>the</strong> Vice President,Academic Affairs and Student Services detailing <strong>the</strong> violation. TheVice President, Academic Affairs and Student Services will deliver inperson or provide via certified mail (accompanied by a return receipt)to <strong>the</strong> student a copy of <strong>the</strong> charges against <strong>the</strong> student and by whommade, <strong>the</strong> specific violation(s) of <strong>the</strong> <strong>College</strong>'s student conductstandards, o<strong>the</strong>r relevant information, and notice of <strong>the</strong> due processhearing and appeal procedures. If <strong>the</strong> student is a minor, <strong>the</strong> parentor guardian shall also be provided notice of <strong>the</strong> due process hearingand appeal procedures.