View the 2010-2011 Catalog (4 MB) - Lake Tahoe Community College

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