Student Code of Conduct Policy
The standards of student conduct and disciplinary action for violation of Board Policy 5500 were originally approved by the NOCCCD Board of Trustees on January 28, 2003, and were drawn in compliance with Sections 66300, 76030, 76033, 76034, 76036 of the State Education Code.
Students are expected to respect and obey civil and criminal law and shall be subject to the legal penalties for violation of the city, county, state, and national laws(s).
Student conduct must conform to Board Policy and college regulations and procedures. As cited in BP5500, "A student who violates the standards of student conduct shall be subject to disciplinary action including, but not limited to, the removal, suspension or expulsion of the student. Misconduct which constitutes "good cause" for disciplinary action includes, but is not limited to, the following:
- Disruptive behavior, willful disobedience, habitual profanity or vulgarity, the open and persistent defiance of the authority of, or persistent abuse of District personnel, or violating the rights of other students.
- Failure to identify oneself when requested to do so by District officials acting in the performance of their duties.
- Cheating, plagiarism in connection with an academic program (including plagiarism in a student publication), or engaging in other academic dishonesty.
- Dishonesty, forgery, alteration, or misuse of District documents, records, or identification, or knowingly furnishing false information to the District.
- Misrepresentation of oneself or of an organization to be an agent of the District.
- Causing, attempting to cause, or threatening to cause physical injury or physical or verbal abuse or any threat of force or violence, to the person, property, or family of any member of the college community, whether on or off District property as defined above.
- Willful misconduct which results in injury or death to a student or to District personnel, or which results in the cutting, defacing, or other damage to any real or personal property of the District.
- Unauthorized entry into, unauthorized use of, or misuse of property of the District.
- Stealing or attempting to steal District property or private property on District premises, or knowingly receiving stolen District property or stolen private property on District premises.
- Causing or attempting to cause damage to District property, or to private property on District premises.
- Unlawful use, sale, possession, offer to sell, furnishing, or being under the influence of any controlled substance listed in the California Health and Safety Code, section 11053 et seq., an alcoholic beverage or an intoxicant of any kind, or any poison classified as such by Schedule D in Section 4160 of the Business and Professions Code or other State law defining controlled substance while on District property, or at a District function; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in the California Health and Safety Code, section 11014.5.
- Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the District.
- Possession, sale, use, or otherwise furnishing of explosives, dangerous chemicals, deadly weapons or other dangerous object including but not limited to, any facsimile firearm, knife or explosive on District property, or at a District function, without prior written authorization of the Chancellor, college president, North Orange Continuing Education President, or authorized designee.
- Engaging in lewd, indecent, or obscene behavior on District property, or at a District function.
- Violation of municipal, state, or federal laws in connection with attendance in programs or services offered by the District, or while on District property or at District-sponsored activities.
- Soliciting or assisting another to do any act (including the purchasing, transporting or consumption of any controlled substance), while under the supervision of a District official, which would subject a student to expulsion, suspension, probation, or other discipline pursuant to this policy.
- Attempting any act constituting cause for disciplinary action as identified in the above sections of this policy.
- Sexual assault or sexual exploitation regardless of the victim's affiliation with the District.
- Committing sexual harassment as defined by law or by District policies and procedures.
- Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation or any other status protected by law.
- Engaging in physical or verbal intimidation or harassment of such severity or pervasiveness as to have the purpose or effect of unreasonably interfering with a student's academic performance, or District employee's work performance, or of creating an intimidating, hostile or offensive educational or work environment.
- Engaging in physical or verbal disruption of instructional or student services activities, administrative procedures, public service functions, authorized curricular or co-curricular activities or prevention of authorized guests from carrying out the purpose for which they are on District property.
- Stalking, defined as a pattern of conduct by a student with intent to follow, alarm, or harass another person, and which causes that person to reasonably fear for his or her safety, and where the student has persisted in the pattern of conduct after the person has demanded that the student cease the pattern of conduct. Violation of a restraining order shall, without more, constitute stalking under this policy.
- Persistent, serious misconduct where other means of correction have failed to bring about proper conduct or where the presence of the student causes a continuing danger to the physical safety of students or others.
- Engaging in expression which is obscene, libelous, or slanderous according to current legal standards, or which so incites students as to create a clear and present danger of the commission of unlawful acts on District property, or the violation of the lawful administrative procedures of the District, or the substantial disruption of the orderly operation of the District.
- Use of the District's computer systems or electronic communication systems and services for any purpose prohibited by Administrative Procedures 3720, Computer & Electronic Communication Systems, or for any act constituting cause for disciplinary action as provided in this policy.
Furthermore, no student shall be suspended from a college or North Orange Continuing Education program or expelled unless the conduct for which the student is disciplined is related to college, North Orange Continuing Education or District activity or attendance. Also, any violation of law, ordinance, regulation or rule regulating, or pertaining to, the parking of vehicles, shall not be cause for removal, suspension, or expulsion of a student.
The Chancellor shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of law. The procedures shall identify potential disciplinary actions including, but not limited to, the removal, suspension or expulsion of a student.
The Chancellor shall establish procedures by which all students are informed of the rules and regulations governing student behavior.