GOLDEN EAGLE HANDBOOK
The University in its quest for truth and knowledge embraces honesty and integrity. These fundamental values must not be compromised. The trust and respect among professors, students and the society need to be vigilantly protected. Cheating and plagiarism can be neither justified nor condoned, as this would destroy the ideals and purposes of higher education. Students enter the University to gain the knowledge and tools necessary for participation in society. Academic integrity is one foundation for a society based on trust and honesty. Therefore, the University takes seriously its responsibility for academic honesty.
I. DefinitionsA. Cheating
At Cal State L. A., cheating is defined as the act of obtaining or attempting to obtain credit for academic work through the use of any dishonest, deceptive, or fraudulent means. The following examples are intended to be representative, but not all-inclusive:
- Copying from another student's paper
- Employing signals to obtain answers from or provide answers to others
- Stealing or arranging for the theft of an examination
- Knowingly reviewing an unauthorized copy of an examination
- Using lecture notes or textbooks during an examination when prohibited
- Possessing crib notes at the location and during the time of the examination
- Having someone else take an examination in your place
- Feigning illness or telling falsehoods to avoid taking an examination at the scheduled time
- Claiming falsely that you took an examination at the scheduled time
- Storing and/or accessing course subject matter in a calculator, computer or recording device, without authorization from the instructor, when such instruments are otherwise permitted to be used during an examination period
- Utilizing calculators and/or other learning aids forbidden by the instructor
- Obtaining assistance in answering questions on a take-home examination, when such action is specifically prohibited
- Attempting to use or using bribery to obtain an undeserved grade
- Changing an answer on a graded test and claiming the student's response to the question was incorrectly marked wrong b) Papers/Reports, Laboratory/Homework
- Copying the work of other persons in whole or in part and claiming authorship
- Submitting a paper obtained from a any source that provides research/term papers
- Using a ghost writer to compose a paper and claiming authorship
- Claiming an assigned share of a team report, toward which insufficient or no contribution was made
- Lying about the reason for not submitting a report on time
- Pretending to have submitted a paper to an instructor
- Stealing another student's report and submitting it as one's own work
- Submitting the same term paper to two or more different instructors for credit in their courses without their prior permission
- Inventing, falsifying, or altering data for a research survey or laboratory experiment
- Misrepresenting the authorship of an experiment or exercise
- Depending upon others to complete laboratory assignments or homework when instructions call for independent work
- Sabotaging someone else's laboratory work or other exercise
- Fabricating bibliographic references Cheating on any academic assignment, including course work, comprehensive exams, or theses, is subject to discipline for academic dishonesty.
- Failing to give credit via proper citations for others' ideas and concepts, data and information, statements and phrases, and/or interpretations and conclusions
- Failing to use quotation marks when quoting directly from another, whether it be a paragraph, a sentence, or a part thereof
- Paraphrasing the expressions of thought by others without appropriate quotation marks or attribution
- Assembling parts from various works and submitting the synthesis or single paper as one's own creation
- Representing another's artistic/scholarly works, such as musical compositions, computer programs, photographs, paintings, drawings, sculptures, or similar works as one's own Plagiarizing on any academic assignment, including course work, comprehensive exam, or thesis, in whole or in part, is subject to discipline for academic dishonesty.
- Withdrawal of a degree.
- Restitution Although sanctions can be imposed for a single offense, repeat offenders will receive particular consideration for administrative sanctions. Multiple offenses committed in more than one course, even when discovered simultaneously, shall be considered repeat offenses.
- Documentation regarding the source of text which the student has used without proper attribution or has attempted to represent as his/her own work
- demonstrably marked difference in the writing style of the student, as compared to his/her work on previous assignments
- Testimony from others regarding a student's use of dishonest means to fulfill the assignment at hand
- Firsthand observation of the student engaging in a dishonest act, in a situation in which the student cannot effectively deny that the act took place
- Admission by the student that he or she undertook a dishonest act in fulfillment of the assignment at hand
- A suspicious degree of similarity in work done by different students Faculty members are encouraged to discuss any perception of dishonesty and the evidentiary basis for an action with their department/division chair or school director and/or associate dean prior to discussing perceptions of wrongdoing with the affected student.
- If after consideration of all evidence (including any provided by the student), it is determined that a preponderance of the evidence favors a finding of academic dishonesty, the faculty member shall proceed as directed below. The faculty member shall use the Academic Dishonesty Report Form to report the finding of academic dishonesty. This report shall be the statement of charges against the student and the record of the academic consequence(s) imposed; all supporting documentation shall be attached to the form and submitted to the University Judicial Affairs Office and made available to the student. If a student appeals a grade or other adverse consequence of an allegation of academic dishonesty, this report and the related documentation shall be subject to review.
At Cal State L. A., plagiarism is defined as the act of using ideas, words, or work of another person or persons as if they were one's own, without giving proper credit to the original sources.
The following examples of plagiarism are intended to be representative, but not all-inclusive:
Knowingly furnishing false academic information to a University official, faculty member, or campus office is subject to discipline for academic dishonesty.
Any student who intentionally helps another student perform any of the above acts of cheating, plagiarism or misrepresentation is subject to discipline for academic dishonesty.
II. Consequences and SanctionsViolations of academic honesty have a dual aspect, constituting both a breach of ethics and a form of academic non-performance. Hence the consequences of violating this policy may fall into two categories. Addressing the violation as an academic matter does not preclude the imposition of further administrative sanctions.
Faculty have the right to establish the standards by which the academic performance of students will be evaluated, including the consequences of students not meeting some portion or all of the academic requirements of a course through acts of cheating, plagiarism, misrepresentation or collusion. These consequences may include but are not limited to assigning a lowered grade, zero or "F" on an individual assignment, or lowering the student's grade or assigning an "F" in the course. Faculty may alternatively permit the student to repeat an assignment/test or complete and submit additional assignments. Furthermore, before these consequences can be effected, the faculty member must have verified instances of academic dishonesty by personal observation and/or documentation.
In addition to academic consequences imposed by faculty members or other reporting parties, the University can impose administrative sanctions. Cheating, plagiarism, misrepresentation or collusion, in connection with an academic program or campus may warrant actions such as, but not necessarily limited to,
III. Reporting ProceduresFor the purposes of reporting findings of academic dishonesty, the â€˜reporting party' may refer to a probationary, tenured or temporary faculty member, a librarian, a person in an academic administrative position, a counselor, coach, administrator of a testing center or another person in a position of authority over a student's academic work. Throughout this policy, the term â€˜faculty member' shall be used to stand in for any reporting party. Teaching assistants, graduate assistants and staff should report allegations of academic dishonesty to their authorized university supervisor. Allegations shall be made against individual students rather than groups of students. When a faculty member suspects that a student has committed an academically dishonest act, it is the faculty member's responsibility to take the following steps:
1. The faculty member must first carefully consider the evidence of the apparent dishonesty. A perception that is not supported by reasonable evidence, will not suffice. Examples (not necessarily comprehensive) of evidence sufficient to pursue action are:
2. When satisfied that a reasonable evidentiary standard has been met and as soon as possible after discovering the alleged violation, the faculty member should arrange an office conference in order to inform the student of the allegations and the intended academic consequences of the violations. At the conference, the student should be informed of the supporting evidence, the intended consequences, and the Academic Honesty Policy.
In the event that the student disputes the findings of academic dishonesty, he or she shall be given the opportunity to respond (orally or writing). The faculty member must consider any information or evidence that the student presents during or after the conference, and determine whether or not such information or evidence mitigates or refutes the charge of academic dishonesty. In every case the student shall have ten (10) days beyond the date of the conference to respond to the allegations, before a report is made (as outlined in #3, below).
At the conference, the student should also be informed of the University's Grade Appeals/Academic Grievance Policy. Under that policy, the student may appeal the determination that he or she has committed academic dishonesty, the academic consequences stemming from such a determination, or the administrative sanctions.
In cases where the student fails to attend the scheduled conference to discuss the alleged dishonesty, or when the alleged dishonesty is detected at the close of the quarter and the faculty member has not been successful in a good-faith effort to contact the student, an Academic Dishonesty Report Form describing the alleged incident and documents supporting the allegation shall be sent to the University Judicial Affairs Officer and made available to the student. In cases where the faculty member cannot, for serious and compelling reasons, participate in any one or more parts of the above process, the department/division chair or school director shall represent the reporting party.
IV. ConfidentialityAll parties to the initial conference between a faculty member and a student accused of academic dishonesty and all subsequent deliberations regarding incidents of academic dishonesty have the right to expect that such deliberations will occur in a setting of strictest confidentiality.
Concomitant with this right of confidentiality is the obligation of all parties to refrain from any discussions of these issues regarding cheating, plagiarism, misrepresentation or collusion outside of the informal and formal conferences and meetings as outlined elsewhere in this document and in related policies (including the Grade Appeal/Academic Grievance Policy). Confidentiality shall be maintained unless a legitimate need to know is established by the department/division chair or school director in order for the faculty to complete their responsibilities as University employees or in any legal action, and in a manner consistent with the Family Educational Rights and Privacy Act (FERPA) (Student Records Administration - 011, Sec 5.8) and any other applicable law. The department/division chair or school director may consult with, or request documentation of a student's history of academic dishonesty from the Judicial Affairs Officer only on a strict need to know basis. Violators of this principle of confidentiality are themselves subject to university disciplinary action.
In the matter of student records and according to Federal and State privacy laws, students have the right to protections against improper disclosure of personal information. However, it is permissible for transcripts of student academic records to contain information regarding a student's academic status including such disciplinary actions as suspension or expulsion. Being a temporary action, suspension may be expunged from the record upon the student's reinstatement.
Any threats or acts of retaliation against any member of the faculty or staff as a consequence of implementing this policy on Academic Honesty will be cause for disciplinary action under section 41301, Title 5, California Code of Regulations, in addition to civil and criminal liabilities.
AMERICANS WITH DISABILITIES ACT
California State University, Los Angeles does not permit discrimination on the basis of disability in admission to, access to, or operation of its instruction, programs, services, or activities, or in its hiring and employment practices. Also, the University does not permit harassment based on a protected disability. In addition, the University does not permit discrimination or harassment based on an applicant's, employee's, or student's relationship with or association with anyone with a known protected disability.
Upon request, the University will consider reasonable accommodation when needed to facilitate the participation of persons with ADA-protected disabilities. Reasonable accommodations will be considered to permit individuals with protected disabilities to (a) complete the admission/employment process, (b) perform essential job functions, (c) participate in instruction, programs, services or activities, and (d) enjoy other benefits and privileges of similarly situated individuals without disabilities. Questions, concerns, complaints and requests for reasonable accommodations or additional information may be forwarded to the Office for Equity and Diversity, the campus office assigned responsibility for compliance with the ADA.
The Office for Equity and Diversity is located in Administration 606, and open Monday through Friday, 8:00am to 5:00pm, (323) 343-3040 or (TDD): (323) 343-3270.
If you feel you have experienced discrimination or harassment due to your protected disability in connection with your association with the University, please make your concern known. You may either obtain a complaint form from the Office for Equity and Diversity or call Olivia Sanchez Weber, Equity and Diversity/ Employee Relations Specialist at (323) 343-3040.
Your concern will be treated confidentially, considered carefully, and investigated promptly, thoroughly, and objectively. If corrective action is appropriate, it will be taken. No action will be taken against you for filing your complaint, so long as you believe the complaint to be valid.
ASSESSMENT OF STUDENTS WITH LEARNING DISABILITIES
The California State University prohibits unlawful discrimination against students on the basis of disability in its programs, services, and activities, in accordance with the Americans with Disabilities Act of 1990 (ADA), as amended; Sections 504 of the Federal Rehabilitation Act of 1973, as amended; applicable state laws and regulations; and pursuant to the California State University "Policy for the Provision of Accommodations and Support Services to Students with Disabilities" (2002, hereafter referred to as CSU Policy). Guidelines for the assessment and verification of students with learning disabilities for the purpose of providing accommodations and support services are presented in this document, "California State University Guidelines for the Assessment and Verification of Students with Learning Disabilities" (hereafter referred to as CSU Guidelines).
The CSU Guidelines are designed to provide an equal educational opportunity to students with learning disabilities who are otherwise qualified for admission. The guidelines are based on a compilation of the Association on Higher Education and Disability (AHEAD) "Guidelines for Documentation of a Learning Disability in Adolescents and Adults" (1997), on the Educational Testing Services (ETS) "Policy Statement for Documentation of a Learning Disability in Adolescents and Adults" (1999), and in consultation with professionals in the CSU system. These CSU Guidelines supersede eligibility criteria issued by the Office of the Chancellor in 1987. If any of the laws and regulations upon which the CSU Guidelines are based as amended, the most current applicable laws and regulations shall apply.
I. CSU Definition of a Learning DisabilityThe CSU system adheres to the definition of learning disabilities as developed by the National Joint Committee on Learning Disabilities (2001): Learning disabilities is a general term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities. These disorders are intrinsic to the individual, presumed to be due to central nervous system dysfunction, and may occur across the life span. Problems in self-regulatory behaviors, social perception, and social interaction may exist with learning disabilities but do not by themselves constitute a learning disability. Although learning disabilities may occur concomitantly with other handicapping conditions (for example, sensory impairment, mental retardation, serious emotional disturbance) or with extrinsic influences (such as, cultural differences, insufficient or inappropriate instruction), they are not the result of those conditions or influences.
II. Qualifications of the EvaluatorTo be considered qualified to evaluate specific learning disabilities, the professional(s) shall have training and experience in the assessment and diagnosis of learning disabilities in adolescents and adults. Qualified professionals include clinical or educational psychologists, school psychologists, neuropsychologists, learning disabilities specialists, and other professionals. All documentation must be legible, on letterhead, dated, signed, and include the professional's title, professional credential, and/or license number (if appropriate). It is not considered appropriate for professionals to evaluate members of their families (AHEAD, 1997; ETS, 1999).
III. Assessment and Substantiation of a Learning DisabilityA. Background
The guidelines for the assessment and verification of students with learning disabilities conform to national standards and are consistent with the AHEAD Guidelines (1997), ETS Policy (1999), and the CSU Policy (2002). Documentation should validate the need for accommodations and support services based on the student's current level of functioning in the educational setting. A school plan, such as an individualized education program (IEP) or a 504 plan, is insufficient documentation, but it may be included as part of a more comprehensive assessment battery.
Confidential records will be protected in accordance with the Family Education Rights and Privacy Act (FERPA,2001) and its regulations as stated in the CSU Policy: Each CSU campus shall maintain appropriate confidential records that identify students with disabilities. These records shall include the student's name, address, social security number, nature of disability, support services needed, and verifying statement of the director or designee of services to student with disabilities, anddocumentation provided by the student. All such records, including student medical records, shall be considered "education records" protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) and its regulations. Although certain medical records are exempt from FERPA's definition of "education records," that exemption does not apply to student medical records maintained by a campus program for services to students with disabilities. Accordingly, confidential records will be protected in accordance with FERPA regulations with the purpose of providing appropriate academic accommodations or adaptation of curricula. Information about the student may be released with the student's informed written consent in accordance with FERPA or other applicable legislation.
The provision of all reasonable accommodations and support services is based upon assessment of the impact of the student's disability or disabilities on his or her academic performance at a given time in the student's life. Therefore, it is in the student's best interest to have recent and appropriate documentation relevant to the student's learning environment (AHEAD, 1997).
B. Assessment Process
The proper diagnosis of a learning disability involves an orderly, deductive process during which a wide range of information must be considered. Reliance on a single test instrument, no matter how comprehensive it appears, may be misleading. A comprehensive assessment and the resulting diagnostic report will include a diagnostic interview, evaluation of aptitude, academic achievement, information processing, clinical observations/processes and a diagnosis (AHEAD, 1997; ETS, 1999).
1. Diagnostic Interview
The assessment of learning disabilities requires a comprehensive diagnostic interview. Relevant information from across a lifespan should include the following areas: presenting problem(s), academic history, developmental history, medical history, psychosocial history, family history, primary language of the home, student's current level of English fluency, any other existing diagnosis(es), and medications, past and present. During the interview, the professional will explore possible alternative explanations for the presenting problem(s) other than learning disabilities (AHEAD, 1997; ETS, 1999).
2. Testing Process
The testing process should utilize current, technically adequate, standardized instruments and should be based on a thorough examination of the student in the following areas (AHEAD, 1997; ETS, 1999):
- a. Aptitude:
A complete intellectual/cognitive assessment is required. Students with learning disabilities characteristically display significant intra-cognitive discrepancies as compared to students without learning disabilities.
- b. Academic Achievement:
A comprehensive academic achievement battery is essential, including current levels of academic functioning in relevant areas such as reading (decoding and comprehension), mathematics, oral language, and written language. Students with learning disabilities characteristically display significant aptitude-achievement discrepancies as compared to students without learning disabilities.
- c. Information Processing:
Specific areas of information processing (e.g., short-term memory, sequential memory, auditory and visual perception/processing, executive functioning, psychomotor ability) should be assessed.
- d. Clinical Observations/Processes: Other assessment instruments, such as non-standard measures and informal assessment procedures or observations, may be helpful in determining performance across a variety of domains. In addition to standardized tests, clinical observations are essential to the assessment process. It may also be useful to include information derived from "testing of the limits."
- 1. be submitted by a professional qualified to diagnose a learning disability (e.g., clinical or educational psychologists, school psychologists, neuropsychologists, learning disability specialists, other professionals) and,
- 2. include the testing/evaluation procedures, test scores, and results used to diagnosis a learning disability. Documentation for students who have been determined eligible for accommodations and support services according to the criteria established by the California Community College system will be reviewed pursuant to the "GAPED Handbook for Transition of Students with Learning Disabilities" (1999). If accommodations and support services are not clearly identified and supported by test results, the CSU will seek clarification and more information if necessary. The final determination for providing appropriate and reasonable accommodations and support services rests with the CSU campus.
C. Test Scores
All subtests, factor, index, and cluster scores should be reported and considered when making a diagnosis. Standard scores and percentiles should be provided for all normed measures when intrinsic to the instrument. Whenever possible, age-based scores are preferred for an adult population; grade equivalent scores alone are not useful (AHEAD, 1997).
Assessment instruments and the data they provide do not diagnose; rather, they provide important elements that must be integrated by the evaluator with background information, observations of the client during the testing situation, and the current context. It is essential, therefore, that professional judgment be utilized in all cases. An indication of how patterns in the student's cognitive ability, achievement, and information processing reflect the presence of a learning disability is critical. The particular profile of the student's strengths and weaknesses must be shown to relate to functional limitations that may necessitate accommodations and support services. Moreover, it is critical that the evaluator has ruled out alternative explanations for academic problems, such as those resulting from poor education, poor motivation and/or study skills, emotional problems, attentional problems, and cultural/language differences (AHEAD, 1997).
E. Diagnosis and Summary
All of the aforementioned information should lead to a written diagnostic summary regarding the presence or absence of a learning disability(ies). This summary should include specific recommendations for accommodations and support services, as well as an explanation as to why such accommodations and support services are recommended. The evaluator should support recommendations with specific test results and/or clinical observations (AHEAD, 1997).
F. Prior Verification
Flexibility in accepting documentation is important, especially in settings with significant numbers of non-traditional students. In some instances, documentation may be outdated or inadequate in scope or content. In other instances, it may not address the student's current level of functioning or need for accommodations and support services because observed changes may have occurred in the student's performance since the previous assessment was conducted. Consequently, it may be appropriate for a qualified professional to update the evaluation report. The purpose of this update is to determine the student's current need for accommodations and support services and should include a rationale for ongoing accommodations and support services (AHEAD, 1997; ETS, 1999).In order to receive accommodations and support services, prior verification must meet the same guidelines as outlined previously. A diagnosis of a learning disability by a qualified professional (whether in private practice or in a previous school setting) does not automatically guarantee that identical accommodations and support services will be provided (AHEAD, 1997; ETS, 1999).Prior verification of a learning disability must be comprehensive and meet these CSU Guidelines. In order to receive accommodations and support services the documentation should:
G. Recommendations for Accommodations and Support Services
It is important to recognize that needed accommodations and support services can change over time and are not always identified through an initial diagnostic process. Conversely, a prior history of accommodation(s) does not, in and of itself, warrant the provision of a similar accommodation(s). Accommodations and support services will be directly related to the diagnostic results. The final determination of appropriate and reasonable accommodations and support services rests with the CSU campus.
IV. Appeal ProcessPursuant to Section 504 and the ADA, students with disabilities who are denied a requested accommodation may appeal the decision through on-campus informal and formal accommodation dispute resolution processes. Issued July 1, 2002
CAMPUS PARKING REGULATIONS
These regulations are enforced at all times, 24 hours a day, including Saturdays, Sundays and Holidays.
Vehicles must be parked completely within stall and headed into the stall. Vehicles exceeding 7 feet in width or 20 feet in length must obtain clearance from the Department of Public Safety prior to parking on campus, regardless of the fact that they may display a current parking decal. Overnight parking is not permitted on campus except with a current parking decal.
Special Permits are required for: Disabled, Service, Load/Unload (yellow curbs and loading docks), or any other area marked as a Special Permit area. Vehicles may not park in any areas painted red or in any area not clearly designated by lines, marking or signs.
All vehicles must display a current decal/permit or park in daily permit lots with dispensers that accept coins, one-dollar bills and five-dollar bills. Quarterly, Annual and Permanent parking decals/permits are not valid at daily permit lots, except in Lot G. Parking decals must be displayed as follows: on the inside lower left corner (driver's side) of windshield of motor vehicles; affixed either above or below the license plate on the back fender of motorcycles or mopeds; or on a Cal State L.A. carpool displayer which must be suspended properly from the rearview mirror. Vehicles must display the appropriate type of decal/permit for the parking area.
A Resident Parking Decal is required for the area designated as a resident parking lot. Special Disabled Decal/Permit parking decals are required for parking in Cal State L.A. permit areas. Contact the Office for Students with Disabilities for further information, (323) 343-3140.
Temporary Parking Permits:
Temporary parking permits are to be displayed as indicated on the permit.
Parking for guests are by reservation only and may be obtained only through your department host.
Current Decal/Permit Holders:
A temporary permit may be obtained from the Information Kiosk or at the Department Public Safety office by presenting a Cal State L.A. employee or student ID and the original receipt for purchase of a current decal/permit.
Loading/Unloading and Service:
A permit for loading or unloading heavy or bulky materials can be obtained at the Information Kiosk or Department of Public Safety office. Permits are valid only for the date, time and location specified.
Vendors should contact the Department of Public Safety Parking Office, (323) 343-3704 for information and instructions.
Visitors to Cal State L.A. can obtain directions for parking from the Information Kiosk located next to the Administration Building. Visitors must park in designated parking lots. Daily permit dispensing machines are available in Lot C, Lot G and on the top level of Structure II. These machines accept coins, one-dollar bills and five-dollar bills for permits ranging from b minutes to all day parking.
Event and Group Parking:
Requests for special event or group parking must be made in advance. To make special arrangements contact the Department of Public Safety Parking Coordinator at (323) 343-3705. Daily permit dispensing machines maybe used at anytime by following the instructions on the machines.
Read information on citation. An appeal may be made by completing an Administrative Review form in the Department of Public Safety Office. Vehicles with five or more unpaid citations will be towed at owner's expense.
Please be Advised:
The parking policy in this handbook is accurate based on our most current information. However, due to construction on campus, parking regulations are subject to change. Please consult your Schedule of Classes, the Cal State L.A. Internet home page, or call the Department of Public Safety at (323) 343-3700 for updates.
PARKING INFORMATIONDepartment of Public Safety (323) 343-3700. Kiosk is in front of Administration Building.
- Student Parking by Current Permit Only:
At all times in Lot A, Lot F and lower (blue) level of Structure II. In Lot G as designated and C-Level of Structure I. After 5:30 p.m. additional in B-Level of Structure 1.
- Student Parking by Current Permit Only:
B-Level and C-Level of Structure I, Lot B, Lot 1, Lot J, the middle (green) level of Structure II, the designated area of Lot C and any Student permit lot.
- Resident Parking by Current Permit Only:
Fenced resident parking only lot within Lot G.
- Motorcycle Parking by Current Permit Only:
B-Level and C-Level of the parking structure; Lot J and Lot G as designate
- Visitor Parking:
Daily permit dispensers in Lot C, Lot G, and the top level of Structure II. Please refer to instructions on the dispensing machines.
Cal State L.A. Internet home page, www.calstatela.edu
- General course description including course prerequisites, if any.
- Course Objectives.
- Topical outline of course.
- Requirements Â¬ policies and procedures (e.g., attendance, assignments, readings) and basis for evaluation (e.g. written work, examinations or quizzes, term papers, portfolios, projects, laboratory or field work assignments, etc.)
- Grading system and its relation to achievement of the requirements in (4).
- Date and time of the final examination.
- Instructor's campus location, telephone extension, and office hours.
DRUG FREE CAMPUS POLICY
- Illegal Drugs
Federal and State laws on drug abuse provide for stringent penalties for illegal possession, manufacture, cultivation, sale, transportation, use of administration of any narcotic drug; more stringent penalties for those convicted of previous narcotics offenses than for first offenders; and extremely stringent penalties for those who in any way involve minors in the use of narcotics.
A person is subject to prosecution if he or she illegally uses or is under the influence of narcotics, or knowingly visits a place where illegal narcotic use is occurring. Marijuana and other illegal organic substances are covered by similar laws, and there is an additional violation against the cultivation or processing of these drugs in this state. The barbiturates (e.g. yellow jackets, red devils), and amphetamines (e.g. bennies, dexies, etc.)-called restricted dangerous drugs in the California Narcotic Act - are similarly covered; penalties for those convicted of illegal possession, manufacture, cultivation, sale, transportation, use or administration of these drugs are severe. In 1966, LSD and related hallucinogenic drugs were added to the list of restricted dangerous drugs, and their use for other than authorized research was prohibited by California law.
University standards prohibit the unlawful possession, manufacture, cultivation, use, or distribution of illegal drugs (as those terms are defined by State and Federal Laws) on campus property. The University also prohibits the illegal possession, distribution and consumption of alcoholic beverages (as those terms are defined in City and State law) on campus property and restricts the consumption of alcoholic beverages to certain places, times and occasions.
The University's policy with respect to alcohol follows the laws of the State of California and the City of Los Angeles. All persons, regardless of age or status, are governed by these laws and regulations. State and city laws, prohibit:
(1) the purchase or sale to, possession of or consumption of alcoholic beverages by anyone under 21;
(2) the serving of alcohol to an already intoxicated person; and
(3) the manufacture, use of provision of a false state identification card, driver's license, or certificate of birth or baptism. If convicted for violating these laws, punishment up to and including jail sentence may result.
Precautionary Note: Any discussion of legal sanctions as they apply to the University student would not be complete without the long-term effect of an offense involving drugs or alcohol. A criminal record as a drug user, or an arrest record for narcotics law violation, may cause serious long-range harm to the experimenter with drugs by barring employment or educational opportunities where both the criminal records and the label of drug user may preclude consideration for these opportunities.
- Physiological processes including impaired brain functioning, digestive disorders, liver, heart. and lung problems;
- Psychological and Mental processes including possibly memory, judgment, personality reproduction and fetal development and may induce psychotic episodes.
- Illegal Drugs
State law (Section 41301, of Title 5, California Code of regulations) allows the University to take disciplinary action, up to and including suspension or expulsion, against any student who sells or knowingly possesses any illegal drug while on campus property. University action may be taken whether or not independent action is taken by civil authorities. Conviction in a criminal court does not necessarily preclude University disciplinary action.
University Administrative Procedure 19, Use of Alcoholic Beverages on Campus, explains the restrictions beyond City and State laws that govern the possession and use of alcohol on campus. Alcoholic beverages may only be sold at the approved catered events. Also, when a recognized student club sponsors an on campus event, attendance is limited to members of that club and their guests. Organizations violating this policy may be subject to administrative action ranging from probation to removal of official recognition. Individuals who violate Procedure 19, are subject to disciplinary action up to and including suspension or expulsion.
University Administrative Procedure 19, Use of Alcoholic Beverages on Campus, explains the restrictions beyond City and State laws that govern the possession and use of alcohol on campus. Alcoholic beverages may only be sold at the approved catered events. Also, when a recognized student club sponsors an on campus event, attendance is limited to members of that club and their guests. Organizations violating this policy may be subject to administrative action ranging from probation to removal of official recognition. Individuals who violate Procedure 19, are subject to disciplinary action up to and including suspension or expulsion.
STANDARDS OF CONDUCTUniversity standards prohibit the unlawful possession, manufacture, cultivation, use, or distribution of illegal drugs (as those terms are defined by State and Federal Laws) on campus property. The University also prohibits the illegal possession, distribution and consumption of alcoholic beverages (as those terms are defined in City and State law) on campus property and restricts the consumption of alcoholic beverages to certain places, times and occasions.
HEALTH RISKSThe health risks of various illegal drugs and alcohol are well documented. Use of illegal drugs or excessive use of alcohol can damage:
Many thousands of deaths each year are either directly attributable to substance abuse or indirectly from accidents, illnesses and violence that are related to substance abuse. Brochures describing the specific health effects of various illegal drugs and of alcohol are available in the Health Center, the University-Student Union and in Residence Life.
COUNSELING AND MEDICAL ASSISTANCEThe University's interest in the educational welfare of its students is demonstrated through primary concern for remedial measures. The University makes available the full counseling and medical resources to assist students in confronting constructively problems leading to involvement with drugs or alcohol. Every student concerned about problems resulting from the use of illegal drugs or alcohol is encouraged to seek help form the Health Center (telephone: (323) 343-3333). The Health Center will treat such voluntary relationships as confidential and not subject to disciplinary action. The Health Center also maintains a complete listing of referral resources in the community that can provide students with specific assistance once as assessment has been made by a physician or counselor.
FAMILY EDUCATIONAL RIGHTS
Public Law 93-380
93rd Congress, H.R. 69
August 21, 19744
As Amended by Senate Joint Resolution 40 (Sen. J. Res. 40), (1974)
Protection Of The Rights And Privacy Of Parents And Students
(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
(B) The first sentence of subparagraph (A) shall not operate to make available to students in institutions of post-secondary education the following material: (i) financial records of the parents of the student or any information contained therein; (ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended; (iii) if the student has signed a waiver of the student's rights of access under this subsection in accordance with subparagraph (C), confidential recommendations (I) respecting admission to any educational agency or institution (II) respecting an application for employment, and (III) respecting the receipt of an honor or honorary recognition.
(C) A student or a person applying for admission may waive his right of access to confidential statements described in clause (iii) of subparagraph (B), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the names of all persons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid form, or receipt of any other services or benefits from such agency or institution.
(2) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student's education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.
(3) For the purposes of this section, the term "educational agency or institution" means any public or private agency or institution which is the recipient of funds under any applicable program.
(4) (A) For the purposes of this section, the term "education records" means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution.
(B) The term "education records" does not include Â¬records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto and which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute: records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement. in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or records on a student who is eighteen years of age or older, or is attending an institution of post-secondary education, which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are created, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
(5) (A) For the purposes of this section the term "directory information" relating to a student includes the following: the student's name, address, telephone listing, date and place 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 and awards received, and the most recent previous educational agency or institution attended by the student.
(B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent's prior consent. For the purposes of this section, the term "student" includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.
RELEASE OF RECORDS, PARENTAL REQUIREMENT
(1) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a) of students without the written consent of their parents to any individual, agency, or organization, other than to the following
(A) other school officials, including teachers within the educational institution or local educational agency who have been determined by such agency or institution to have legitimate educational interests;
(B) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record
(C) authorized representatives of (i) the Comptroller General of the United States, (ii) he Secretary, (iii) an administrative head of an education agency (as defined in section 408 (c) of this Act), or (iv) State educational authorities, under the conditions set forth in paragraph (3) of this subsection;
(D) in connection with a student's application for, or receipt of, financial aid;
(E) State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974;
(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted;
(G) accrediting organizations in order to carry out their accrediting functions;
(H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954; and
(I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.
(2) No funds shall be made available under any applicable program to any education agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection unless there is written consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents, or such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency.
RECORDS, ACCESSIBILITY FOR AUDITNothing contained in this section shall preclude authorized representatives of (A) the Comptroller General of the United States, (B) the Secretary, (C) an administrative head of an education agency or (D) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs: Provided, that except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.
WRITTEN REQUEST(4) (A) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals (other than those specified in paragraph (1) (A) of this subsection), agencies, or organizations which have requested or obtained access to a student's education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of the system.
(B) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student.
(5) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph (3).
(6) Nothing in this section shall be construed to prohibit an institution of post-secondary education from disclosing, to an alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), the results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime with respect to such crime.
SURVEY(C) Surveys or data-gathering activities; regulations. The Secretary shall adopt appropriate regulations to protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.
(D) Students' rather than parents' permission or consent. For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of post-secondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.
(E) Informing parents or students of rights under this section. No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of post-secondary education, of the rights accorded them by this section.
(F) Enforcement; termination of assistance. The Secretary, or an administrative head of an education agency, shall take appropriate actions to enforce provisions of this section and to deal with violations of this section, according to the provisions of this Act, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means.
(G) Office and review board; creation; functions. The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.
(7) (A) This section may be cited as the "Family Educational Rights and Privacy Act of 1974.
GUIDELINES ON ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
- U.S. Department of Labor, Office of Health Compliance Assistance. OSHA Instruction, CPL, 2-2.44A, dated December 12, 1988.
- Recommended Standards & Practices for a College Health Association, Fourth Edition, 1984.
- State of California, Code of Regulations, Title XVII, Sections 2500, 2501, 2502, 2503, 2505; June 2, 1989.
With the direction and support of University Administration, Cal State L.A. has established an AIDS Coordination Committee to plan a comprehensive educational program, and to develop administrative procedures that address campus issues related to the AIDS virus and HIV infection. The AIDS Coordinating Committee is comprised of faculty, staff and students and is broadly representative of the campus community so that it may address the educational, medical, personal, administrative and legal issues associated with the disease. Confidentiality is of primary concern. Where appropriate and necessary, procedures developed shall be consistent with provisions specified in collective bargaining agreements for employees duly covered.
The primary response of Cal State L.A. to the epidemic of HIV (Human Immuno-deficiency Virus) infection shall be education. The organization and implementation of effective educational programs about AIDS and HIV infection must be given the highest priority. In designing the format and content of such educational programs, particular attention will be given to create opportunities for effective learning by people of any age, ability, gender, ethnicity, or sexual orientation.
The comprehensive educational programs must address faculty, staff, undergraduate, graduate and professional students; they should reach not only residential students, but also commuters and non-traditional students. In order for the educational programs to be effective, they must provide current information, use reliable, up-to-date materials and be both easily accessible and widely available.
All students and all employees of the University living with AIDS, HIV disease, or a positive antibody (Human Immunodeficiency Virus) test shall be afforded unrestricted classroom attendance, working conditions, use of all University facilities and participation in co-curricular and extracurricular activities as long as they are physically and psychologically able to do so.
Cal State L.A. shall analyze the individual circumstances and respond to persons living with AIDS, AIDS related conditions or HIV infection on a case by case basis. Each case shall be evaluated based upon the individual's ability to function, the needs of the campus community and the legal obligations involved.
The hiring, promotion, transfer or any other employment process shall not include a consideration of the existence of the following: AIDS, HIV disease, a positive HIV antibody test; or inclusion in a high risk group in any way.
Reasonable accommodation shall be provided to employees and students with AIDS, HIV disease and related illness in a manner consistent with those services provided for individuals with other medical, psychological and/or educational needs and as articulated in Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. To determine any appropriate reasonable accommodation, it may be necessary for a representative from the Office for Affirmative Action for faculty and staff, or the Office for Students with Disabilities for students, to initiate and facilitate an informal, interactive process with the person with HIV or AIDS in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.
The existence of any form of HIV infection shall not be considered in the admission decisions for people applying to attend the University.
Students or employees who are either known to be or thought to be infected with HIV shall not be subjected to any emotional and/or physical abuse. Cal State L.A. condemns all such occurrences as intolerable and has assigned the Office for Affirmative Action to investigate allegations of harassment, discrimination or denial of access to University facilities and activities based upon HIV infection, AIDS or HIV disease. The University Health Center will provide initial counseling and referral sources to outside agencies.
EDUCATION / SUPPORT SERVICES
The University shall develop easily accessible and widely available support through which concerned persons can receive counseling, assistance in locating and using social resources and referrals for further assistance. If a student or an employee has concerns about the presence of an individual with HIV infection, he or she shall be directed to an appropriate University health officer or administrator. Persons with continuing fears or concerns about the disease shall be provided with either appropriate educational resources or referred to appropriate on-campus or off-campus agencies. Refusal to work with a HIV infected individual or person with AIDS does not excuse an employee or student from fulfilling assigned responsibilities.
The psychological consequences of actual or feared HIV infection are such that students and employees may experience enough suffering to impair their health, interfere with academic or work performance, cause extreme psychological distress, disrupt plans and cripple relationships. Psychological, emotional and spiritual health may also be important allies for people with established HIV infection.
Cal State L.A. shall designate a Health Educator whose primary responsibilities will be to: provide consistent handling of questions which arise concerning the risks caused or experienced by a person living with AIDS/HIV disease or a seropositive finding; provide counseling information, and referrals for personas with concern and fears about the virus; safeguard the individual's rights to confidentiality at all times; and serve as a resource person to students, faculty, administrators and staff.
HANDLING BLOOD, BLOOD PRODUCTS AND BODY FLUIDS
The University shall take steps necessary to minimize the risk to individuals participating in the handling of blood, blood products and body fluids. Each department, unit and/or work group where individuals may handle blood, blood products, body fluids and/or tissues, shall develop and follow written procedures that maximize the safety of its participants and inform them of the potential hazards of the activities before the activities are begun. These procedures shall be in compliance with the U.S. Department of Labor guidelines.1 The AIDS Coordinating Committee and the Health Center shall review each set of written procedures and maintain current records of such procedures.
All students assigned to field work, a clinical experience or an internship at an off-campus agency handling blood, blood products and/or bodily tissues shall be informed of the potential risks for exposure to the AIDS virus. Cal State L.A. cannot be responsible for the actions of an off-campus facility nor guarantee a student against exposure.
Confidential information concerning any aspect of HIV infection shall be handled with extraordinary care. Guidelines concerning the handling of confidential information about people with HIV infection shall be consistent with those found in the American College Health Association's Recommended Standards and Practices for a College Health Program, fourth edition.
AIDS is a reportable disease as it pertains to the laws and regulations of the State of California. Health care providers are required to report known or suspected cases to the local county health department within seven calendar days from time of identification.3 Except for such legally required reporting, confidentiality of medical conditions shall be maintained.
The number of people in the University who are aware of the existence and/or identity of students or employees who have HIV infection shall be kept to an absolute minimum. Neither health officers nor other administrators shall keep lists or logs identifying individuals tested for the antibodies to HIV or known to be infected with HIV The potential for compromise of confidential information far exceeds any conceivable benefit of such listings.
Those who are known to be immunologically compromised shall be excused from institutional requirements for certain vaccines, (e.g., measles and rubella) as these vaccines may lead to serious consequences in persons with poorly functioning immune systems.
NON DISCRIMINATION POLICY
Your concern will be treated confidential to the extent the law permits, considered carefully, and investigated promptly. If corrective action is required, it will be taken. No action will be taken against you filing your complaint, so long as you believe the complaint to be valid.
POLICY ON CAMPUS VIOLENCE
Approved by the Cal State L.A. Academic Senate and
President James M. Rosser
PROVISION OR ACCOMODATIONS AND SUPPORT
SERVICES TO STUDENTS WITH DISABILITIES
- 1. any person who has a physical or mental impairment that limits one or more of the major life activities of such individual,
- 2. any person who has a record of such impairment, or
- 3. any person who is regarded as having such impairment.
- 1. meets the academic and technical standards requisite for admission or participation in the education programs of the CSU campuses. This includes students with disabilities participating in clinical or field placements that are offered as part of a program's field of study.
- 2. meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity regardless of:
a. reasonable modifications to rules, policies, or practices
b. the provision of auxiliary aids and services
c. the removal of architectural, communication, or transportation barriers.
- l. In those cases where the director or designee of the program for services to students with disabilities is unable to verify the disability, the student shall provide appropriate documentation from a verifying professional qualified to assess the nature and extent of the disability. Verification may require documentation from:
a. a professional qualified to assess the nature and extent of the disability
b. a recognized and reliable source that provides appropriate standards in the applicable field.
- 2. Documentation may be provided by a licensed physician, psychologist, audiologist, or a speech pathologist.
- 3. Documentation may also be accepted from a licensed clinical social worker, rehabilitation counselor, marriage and family therapist, learning disability specialist, or other appropriate certified/licensed professional.
- 1. changes in the length of time permitted for the completion of a requirement,
- 2. substitution for specific courses required, and
- 3. adaptation of the manner in which a required course is conducted. Academic requirements that are determined to be essential to a program of instruction by a process approved by the campus and its academic senate and those academic requirements directly related to certification and licensing requirements are not regarded as discriminatory.
- 1. Activities to coordinate and administer specialized services, including consultation with faculty for students with special academic needs associated with their disabilities.
- 2. Disability-related counseling and advising, including specialized academic, vocational, and peer counseling.
- 3. Liaisons with campus and community agencies, including referral and follow-up services to these agencies on behalf of students with disabilities.
- 4. Adaptive technologies (e.g. TTY, CCTV, assistive listening devices, adaptive computer hardware or software) including new devices that may become available with emerging technology.
- 5. Oral and sign language interpreters.
- 6. Note takers for writing, note taking, and manual manipulation for classroom and academic activities.
- 7. On-campus mobility assistance to and from college courses and related educational activities (provided by campuses whose topography and activities require such accommodation).
- 8. Readers.
- 9. Real-time captioners.
- 10.Registration assistance, including priority enrollment, assistance with applications for financial aid, and related college services.
- 11.Transcription services, including, but not limited to, the provision of taped, large print, and Braille materials.
- 12.Special parking, including on-campus parking registration, temporary parking permit arrangements, and application assistance for students who do not have state DMV Disabled Person Parking Placards or Plates. Students in the possession of a DMV Placard or Plates, and with great financial need, may apply for a waiver of parking fees.
- 13.Supplemental specialized orientation to acquaint students with the campus environment.
- 14.Test-taking facilitation including extended time, adapting (the mode or presentation but not changing the tests content, scope, or depth) tests for, and proctoring test taking by students with disabilities.
- 15.Campuses may elect to offer specialized tutoring or diagnostic assessment that is not otherwise provided by the campus.
- 16.Additional accommodations, support services, and programs may be provided as determined by the needs of students with disabilities.
- l. Chair to be appointed by the Chancellor/two-year term.
- 2. Two Vice Presidents for Student Affairs/two-year term.
- 3. One Provost/Vice President for Academic Affairs/two-year term.
- 4. Three Directors of Services to Students with Disabilities/two-year term.
- 5. Three students with disabilities/two-year, overlapping terms.
- 6. Three Academic Senate representatives.
- 7. One representative from the Office of the Chancellor's Capital Planning Design and Construction division (ex-officio).
- 8. One representative from Office of the Chancellor's Academic Affairs, Student Academic Support department who shall provide staff support (ex-officio).
- 9. Membership should include representation from a variety of campuses and disability categories.
- 1. Members of campus advisory committees shall include students, staff, faculty, and administrators.
- 2. Members shall be appointed by the campus president or designee.
- 3. Membership should include representation from a variety of disabilities, academic disciplines, the business office, and other sectors of the campus community.
- 1. In consultation with students and staff. the CSU Office of the Chancellor shall develop and implement a system for evaluating state-funded programs and services for disabled students on each campus. The evaluations shall be conducted at least every five years. At a minimum, the evaluation shall report outcome data, staff and student perceptions of program effectiveness, implementation of the program, and physical accessibility requirements as specified in California State Building Code, Title 24 and the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
- 2. To ensure reporting compliance with enrollment, retention, transition, and graduation trends of students with disabilities, the CSU Office of the Chancellor will work with the California Postsecondary Education Commission to publish these data annually.
CALIFORNIA STATE UNIVERSITY POLICY FOR THE PROVISION OR ACCOMODATIONS AND SUPPORT SERVICES TO STUDENTS WITH DISABILITIES
The California State University (CSU) Policy for Provision of Accommodations and Support Services to Students with Disabilities prohibits unlawful discrimination against students on the basis of disability in CSU programs, services, and activities, in accordance with, but not limited to, the Americans with Disabilities Act of 1990 (ADA); Section 504 of the Federal Rehabilitation Act of 1973, as amended and applicable state laws including but not limited to the Donahoe Higher Education Act, Div. 5, Chapter 14.2, Sections 67302, 67310-13 and Section 12926 of the California state government code.
The CSU Policy for Provision of Accommodations and Support Services to Students with Disabilities ("CSU Policy") is consistent with the Rehabilitation Act of 1973, as amended, and with the Americans with Disabilities Act of 1990, as amended. The CSU Policy shall be consistent with current applicable federal and state laws concerning the nondiscrimination of students on the basis of disability.
I. Definitions and TermsA. A disability shall mean a physical or mental impairment of an individual that limits one or more of the major life activities and requires either a record of such an impairment, or documentation of having been regarded as having such an impairment.
B. An individual with a disability shall refer to:
C. A qualified individual with a disability shall mean an individual with a disability who:
II.CSU Disability Categories for Reporting PurposesFor reporting purposes, an individual shall be counted only in one category, that of the primary dysfunction. Although ADA guidelines and California state law do not require that campuses provide accommodations to students with temporary disabilities (disabilities of less than 3 months), campuses may decide on a case-by-case basis to provide accommodations and support to temporarily disabled students. These students do not constitute a separate category but shall be reported in one of the disability categories based on the nature of their disability. The CSU has established six broad disability categories to be used for reporting purposes:
A. Visual limitation:
Blindness or partial sight to the degree that it impedes the educational process and may necessitate accommodations, support services, or programs.
B. Communication disability:
Limitations in the speech and/or hearing processes that impede the educational process and may necessitate accommodations, support services, or programs.
C. Deaf and Hard of Hearing:
Limitation in the hearing process that impedes the educational process and necessitates accommodations, support services, or programs. Students in this category may require communication accommodation such as oral or sign language interpreters, note taking services, or real-time captioning services.
D. Mobility limitation:
Limitation in locomotion or motor functions that indicates a need for accommodations, support services, or programs. Included in this category are persons who have asthma, cardiovascular problems, or other physical limitations that restrict the ability to function without accommodation in the campus environment.
E. Learning disability:
A generic term that refers to the heterogeneous group of disorders manifested by difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities due to neurological dysfunction. Even though a learning disability may exist concomitantly with other disabling conditions (e.g., sensory impairment) or environmental influences (e.g., cultural/language differences or conditions defined in the current Diagnostic and Statistical Manual of Mental Disorders), the learning disability is not the direct result of those conditions or influences. The assessment and documentation standards for assessing learning disabilities and the need for support services conform to national standards and are provided in Appendix A.
F. Other Functional Limitations:
Any other disability, such as a dysfunction of a body part or process or a neurological or psychological disability that necessitates accommodations, support services, or programs, and that does not fall within the categories listed above.
III.Verification of DisabilityA. Authority to determine disability status:
The campus director or designee of the program for services to students with disabilities shall have the ultimate authority to determine disability status, and the decision shall be subject to the provisions below and to established appeal procedures.
B. Verification of evident disability:
The campus director or designee of the program for services to students with disabilities has the authority to verify a disability if the nature and extent of the disability is evident.
C. Documentation of disability:
D. Transfer students with disability status:
A student who has transferred as a student with a disability and received services from a California Community College, the University of California, or any other regionally accredited postsecondary institution may be eligible for academic accommodations or support services at a California State University campus if appropriate documentation is received verifying the disability by the criteria used by the CSU. The campus director or designee of the program for services to students with disabilities shall have ultimate authority to determine disability status, subject to established appeal procedures.
Each CSU campus shall maintain appropriate confidential records that identify students with disabilities. These records shall include the student's name, address, social security number, nature of disability, support services needed, and verifying statement of the director or designee of services to student with disabilities, and documentation provided by the student. All such records, including student medical records, shall be considered "education records" protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) and its regulations. Although certain medical records are exempt from FERPA's definition of "education records," that exemption does not apply to student medical records maintained by a campus program for services to students with disabilities. Accordingly, confidential records will be protected in accordance with FERPA regulations with the purpose of providing appropriate academic accommodations or adaptation of curricula. Information about the student may be released with the student's informed written consent in accordance with FERPA or other applicable legislation.
IV.CSU Policy on Non-Discrimination on the Basis of DisabilityIn accordance with the provisions of applicable law, this policy is intended to ensure that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in the services, programs, or activities of the CSU and its campuses. The CSU will provide appropriate accommodations and support services and make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless it is demonstrated that providing such accommodations, services, or modifications would result in a fundamental alteration in the nature of the service, program, or activity or would create undue financial or administrative burdens.
V.Program CoordinationThe CSU president or designee(s) on each campus shall have the primary responsibility for ensuring that all campus programs, services, and activities are available to students with disabilities. The CSU Office of the Chancellor shall be responsible for ensuring systemwide accessibility of the CSU programs, services, and activities to students with disabilities.
VI.Academic Requirements and Reasonable AccommodationsA. Modification of academic requirements
Academic requirements should be modified as necessary and appropriate to ensure that they do not discriminate, or have the effect of discriminating, on the basis of a disability against qualified applicants or students with disabilities. As appropriate, modifications may include but are not limited to:
B. Modification process
The process should include consultation with the Section 504/ADA coordinator or other individuals knowledgeable about Section 504 and the ADA, as well as consultation with appropriate faculty and administrators. Where appropriate, students should also be permitted to provide input into the process. Outcome documentation should include explanation of the academic requirement as well as a diligent assessment of alternatives for achieving the educational goal. The determination of what constitutes an essential academic requirement for purposes of Section 504/ADA shall be made in accordance with campus academic planning and approval procedures.
All CSU campus faculty and staff share the responsibility for maintaining a campus environment conducive to the fulfillment of the CSU's teaching and public service mission. In attempting to make appropriate academic adjustments, faculty members, the staff in services to students with disabilities, and students with disabilities should work together to develop reasonable accommodations that meet the individual educational needs of qualified students with disabilities while not altering the fundamental nature of the service, program, or activity and without creating undue financial or administrative burdens. During this interactive process, a student with a disability should be given the opportunity to express a preference among possible accommodations and the stated preference should be considered in the process. However, the campus shall make the final decision among several viable options for reasonable accommodation.
VII.Communications Technology, Auxiliary Aids, and ServicesA. Access
CSU campuses must take appropriate steps to ensure that educationally related communications, including electronic communications with students, applicants, and others with disabilities are as effective as communications with the campus community. This includes equal access to all formats of written and electronic communication concerning campus information, the curriculum, and academic resources. Reasonable access to communications technology, including computer technology, must be provided whether learning takes place on campus or at a distance from the campus.
CSU campuses must furnish appropriate accommodations and support services where necessary to afford a student with a disability an equal opportunity to participate in and enjoy the benefits of campus services, programs, and activities. In determining the appropriate type of auxiliary aid or services, campuses should consider the disabled student's request(s). However, campuses are not required to take any action that would result in a fundamental alteration in the nature of a service, program, or activity, or that would result in undue financial or administrative burdens.
Primary consideration must be given to providing effective electronic communication to students with disabilities in alternate formats of choice. However, pursuant to ADA, campuses are not required to use the newest or most advanced technologies as long as the auxiliary aid or service selected affords equal access.
A. General guidelines
Auxiliary Aids and Services and Reasonable Accommodations
The type and amount of support services and accommodations provided to students with disabilities shall be determined by the campus director or designee of the program for students with disabilities, in consultation with the student seeking the accommodation and, as appropriate, with affected faculty and staff. Accommodations and support services offered through the campus services to students with disabilities programs may not duplicate services or instruction available to all CSU students. Attendants, individually prescribed devices, readers for personal use, or other devices or services of a personal nature are not required under applicable law.
B. Available accommodations
Accommodations, support services, and programs that are available to those students qualified under ADA may include, but are not limited to:
C. Support service providers
The campus director or designee of the program for services to students with disabilities shall be responsible for the recruitment of an adequate pool of qualified persons to serve as interpreters, real-time captioners, readers, note takers, and similar support service personnel. Students with disabilities needing assistance of such persons shall have an opportunity to be involved in the selection process to determine their appropriateness and to ensure that the person under consideration has an adequate skill level. California Education Code Section 67306 provides that students may select readers who are not on a director's list, if a written request is filed.
Each CSU campus is responsible for ensuring that students with disabilities are provided reasonable accommodations regardless of the type of course in which the student is enrolled. It is the responsibility of the extended/continuing education office on each campus to fund support services for qualified students with disabilities enrolled in extended/continuing education courses. Such services may include interpreters, real-time captioners, readers, notetakers and test proctors. This policy is consistent with existing CSU policy that limits the use of state funds for providing educational support services to regularly enrolled students.
IX.Services to Students in Continuing/Extended Education Programs
X.Provision of Services and Appeal ProceduresStudents in need of auxiliary aids and services and reasonable modifications or accommodations should make their requests to the office of services to students with disabilities as early as possible in order to facilitate scheduling or the acquisition of personnel, equipment, and/or other materials. Directors of the program for students with disabilities shall establish campus guidelines to implement the provision of services.
XI.Appeals ProceduresStudents denied a requested accommodation may appeal the decision through on-campus informal and formal dispute resolution processes. Each campus shall adopt and publish grievance procedures providing for appropriate due-process procedures and for prompt and equitable dispute resolution. Services authorized by the director of the program for students with disabilities must continue during the grievance process.
XII.Advisory CommitteesA. Systemwide Advisory Committee
A systemwide advisory committee on services to students with disabilities shall be established by the Office of the Chancellor to review, evaluate, and recommend systemwide educational and administrative policies that address the needs of students with disabilities. The Systemwide Advisory Committee shall meet annually as necessary and maintain and make available summary notes of the meetings.
Membership and Terms of Office:
B. Campus Advisory Committee
Each campus shall establish an advisory committee on services to students with disabilities to assist in the evaluation of current campus policies and procedures relating to students with disabilities, develop plans relating to programs and services for students with disabilities, recommend priorities, review barrier removal priorities as specified in State University Administrator's Manual (SUAM), and develop timelines as defined in each campus' transition plan.
Membership and Terms of Office:
XIII. ReportsA. Enrollment Data and Use of Services
Each campus shall provide data annually on enrollment of matriculated students with verified disabilities. The data shall include the primary disability category and primary service provided.
B. Systemwide Program Evaluation
C. Policy Review
Every five years (beginning in 2007) the Systemwide Advisory Committee on Services to Students with Disabilities shall review the Policy for the Provision of Accommodations and Student Services to Students with Disabilities. A report including recommendations shall be prepared for the Chancellor of the California State University.
POLICIES PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION
RIGHTS AND OPTIONS FOR VICTIMS OF SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
STATEMENT OF STUDENT RIGHTS AND RESPONSIBILITIES
- a. Freedom of Expression
Students are responsible for mastery of the content of any course in which they enroll, but they are free to take reasoned exception at appropriate times to the interpretation of data or opinions offered.
- b. Academic Evaluation.
Students are responsible for meeting standards of academic performance established by their professors. Evaluations based on standards other than academic performance in the course being offered shall be considered arbitrary or capricious. The measurement of a student's performance is the responsibility of the professor. The assignment of a final grade is the responsibility solely of the professor.
- c. Instructional Practice.
Students have the right to substantial instruction in the course content at the time scheduled for class meetings except in mitigating circumstances.
- d. Writing and Plagiarism.
Plagiarism is a direct violation of intellectual and academic honesty. While it exists in many forms, all plagiarisms refer to the same act: representing somebody else's words or ideas as one's own. The most extreme forms of plagiarism are a paper written by another person, a paper obtained from a commercial source, or a paper made up of passages copied word for word without acknowledgment. But paraphrasing authors' ideas or quoting even limited portions of their texts without proper citation is also an act of plagiarism. Even putting someone else's ideas into one's own words without acknowledgment may be plagiarism. In any of its forms, plagiarism cannot be tolerated in an academic community. It may constitute grounds for a failing grade, probation, suspension, or expulsion. One distinctive mark of an educated person is the ability to use language correctly and effectively to express ideas. Faculty assign written work for the purpose of helping students achieve that mark. Each professor will outline specific desiderata, but all expect every student to present work that represents the student's understanding of the subject in the student's own words. It is seldom expected that student papers will be based entirely or even primarily on original ideas or original research. Therefore, to incorporate the concepts of others may be appropriate with proper acknowledgment of the sources; and to quote others directly by means of quotation marks and acknowledgments is proper. However, if a paper consists entirely of quotations and citations, the paper should be rewritten to show the student's own understanding and expressive ability. The purpose of the written assignment (i.e. development of communication and analytic skills) should be kept in mind as each paper is prepared. It should not be evaded through plagiarism.
- a. Separation of Records and Information.
To minimize the risk of disclosure to unauthorized persons, discipline, counseling, medical, and activities records shall be kept separately from the official university academic records. Transcripts of academic records shall contain only information about academic status except that student participation in academic governance may also be recorded pursuant to policies adopted by the University. However, disciplinary actions taken against a student which affect eligibility to reregister may be recorded for as long as authorized by special action of the President or designee, pursuant to the Student Disciplinary Procedures of The California State University.
- b. University Access to Records and Information.
Information from disciplinary, counseling, academic, medical, or activities files shall be available only to authorized persons within the University who require such records in the normal course of performing the assigned duties of their position.
- c. Extra-Institutional Access to Records and Information.
Students have a right to expect that their records will not be subject to unauthorized disclosure or access. Student records shall not be available to any extra-institutional person, agency, or organization except as permitted under the Family Education Rights and Privacy Act (FERPA, 20, U.S.C. 1232 [G]). Custodians of student records should be aware that the law prohibits release of most student information without prior consent, except within the University or state or Federal agencies, and only when the persons receiving the information have a "legitimate educational interest."
Students should be aware that there are circumstances under which "directory information" can be released to extra-institutional parties unless a student specifically prohibits it by filing a form with the Registrar's office. (The University shall ensure that the students are notified of their right to file such a form.) Directory information as defined by FERPA includes the student's name, address, telephone listing, data and place 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 and awards received, and the most recent previous educational agency or institution attended by the student. All requests for release of student "directory information" to extra-institutional parties shall be reviewed by the campus information officer and a determination rendered as to whether it meets FERPA requirements.
The University shall make a good faith effort to notify a student in writing upon receipt of a subpoena of student records and information, the judicial authority requesting the records, the specific records requested, and the action taken by the University.
- d. Student Access to Records and Information.
Unless their right to access has previously been waived on a form provided for that purpose* currently enrolled and former students of California State University, Los Angeles shall have under both the Family Educational Rights and Privacy Act of 1974 (FEPA) and state law the right to know about existing student record systems and to examine their own records, including letters of recommendation, by following procedures that are established by the office responsible for keeping records. Persons making recommendations have a right to know in writing whether access rights have been waived. Students may challenge the record's accuracy or the appropriateness of its retention. In addition, students shall have the right to include in their individual records any additional information or responses bearing on information they find objectionable. Students must furnish copies of such additional information to the individuals, departments, or administrative officers who originate the information found objectionable.
- e. Confidentiality of Acquired Information.
All University personnel shall respect confidential information about students which they acquire in the course of their work.
- f. Political Files.
No records or files shall be kept reflecting the political beliefs or political activities of students.
- g. Disciplinary Files.
Any person or entity holding disciplinary records shall destroy disciplinary files five years after the expiration of disciplinary action or immediately after the decision that there shall be no disciplinary action.
- h. Copies of Student Records.
A student may receive a copy of a record which the student has requested or consented to be released. Students must pay a charge for copies of records for which such a charge has been established.
*Students have access to only those letters of recommendation written after January 1, 1975, unless the author of the earlier letters consents to the ending of confidentiality.
**Students shall not have access to investigative information unless such information is directly relevant to the evidence used in formal disciplinary hearings
- a.The student shall have the right to reasonable access to university, college, and department policies, procedures, standards, and regulations which affect the right of a student to enroll, remain enrolled, or withdraw from any course or program of study.
- b.The University's General Catalog shall be the principal means by which such academic information as enumerated above shall be transmitted to students.
- c.The University, colleges, departments, and interdisciplinary groups shall not initiate and implement, procedures, standards, and regulations which affect the right of a student to enroll, remain enrolled, or withdraw from any course orprogram of study except through established university procedures.
- d.Students shall have the right to information from each professor at the first class session the general requirements and goals of a course in which they are enrolled, and the general criteria upon which they will be evaluated in that course. Such information must be made available in the form of a written syllabus by the second meeting, and preferably at the first class session. A copy of the syllabus shall be available for review in the department office. The syllabus shall include but not be limited to the following:
(1) General course description including course prerequisites, if any.
(2) Course objectives.
(3) Topical outline of course.
(4) Requirements Â¬ policies and procedures
(e.g.,attendance,assignments,quizzes, term papers, portfolios, projects, laboratory or filed work assignments, etc.).
(5) Grading system and its relation to achievement of the requirements in (4).
(6) Date and time of final examination.
(7) Instructor's campus location, telephone extension and office hours.
- e.Just as it is the students' right to know the policies, procedures, standards, and regulations which affect their rights, so shall it be their responsibility to obtain and act appropriately on such information, and their ignorance of such information which has been made accessible to them shall not be cause to waive such policies, procedures, standards, and regulations.
- a. Freedom of Access to Higher Education.
The University will make clear the characteristics and academic performance of students which it considers relevant to success in the institution's program. Under no circumstances should a student be barred from admission to a particular institution on the basis of race, religion, or sex. Thus, within the limits of its facilities, the University shall be open to all students who are qualified according to its admission standards. The facilities and services of the University shall be open to all of its enrolled students, and the institution shall use its influence to secure equal access for all students to public facilities in the local community.
- b. Freedom of Association.
Students bring to the campus a variety of interests previously acquired, and develop many new interests as members of the academic community. They shall be free to organize and join associations to promote their common interests.
(1) Affiliation with an extra-mural organization shall not disqualify a student organization from institutional recognition. At the same time, all actions of a student organization shall be determined by vote of only those persons given voting privileges in that organization and who also hold bona fide membership in the university community. These university organizations may not represent themselves as expressing official policy or practice of the University.
(2) The institution requires student organizations to make every effort to secure a faculty adviser. Each organization shall be free to choose its own faculty adviser. Institutional recognition will not be withheld or withdrawn solely because of the inability of a student organization, after conscientious effort, to secure an adviser. Members of the faculty perform an important educational role and serve the university community when they accept the responsibility to advise and consult with student organizations. They shall guide organizations in the exercise of responsibility, but they do not have the authority to control the policy of organizations.
(3) Student organizations are required to submit a constitution,* a statement of purpose, a list of officers, a definition of membership, and rules of procedure to the Director of Student Programs and Housing. Student organization are not required to submit a membership list as a condition of institutional recognition. The list of officers shall be destroyed when it is no longer in effect.
(4) Student organization, including those affiliated with an extramural organization, will be open to all students without regard to race, creed, religion, national origin, sex, or age.
(5) Students and student organization are free to examine and to discuss all questions of interest to them, and to express opinions publicly or privately. They are also free to support causes by any means which do not disrupt the regular and essential operation of the institution. At the same time, they must make clear to the academic larger community that in their public expressions or demonstrations, students or student organizations speak only for themselves.
(6) Students are allowed to invite and to hear any person of their own choosing, providing the invitation is in consonance with university policy on visiting speakers. The institutional control of campus facilities will not be used as a device of censorship. Sponsorship of guest speakers does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or the institution.
- c. Student Participation in Institutional Government.
As members of the academic community, students shall be free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. **The role and character of student government shall be reviewed and modified only through prescribed procedures.
- d. Student Publications and Broadcasting.
Student publications and the student press are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and intellectual exploration on the campus. They are a means of bringing student concerns to the attention of the faculty and the institutional authorities, and of formulating student opinion on various issues on the campus and in the world at large. They also represent the institution to the public. The Communications Code states university policies on these matters. To this end, the editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, where libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo are especially inappropriate. Particular questions with respect to a student's rights and responsibilities should be directed to the Office of the Vice President for Student Affairs.
*Title 5, California Administrative Code, section 41503, requires student organization to submit a constitution. **The student body and its official governing arm, the Associated Students, Inc., have a clearly defined role in the expressing the wishes of the student body and in determining institutional policy (See ASBOD Minutes of October 13, 1966, items 4.11-4.13, and the faculty Constitution, Appendix B).
Senate: 1/23/68, 11/9/71, 7/15/75, 5/10/77, 11/26/85. 2/18/97; President: 3/26/68, 11/18/71, 12/31/75, *6/30/77, 12/20/85, 6/6/97; Editorial Amendment: 9/00) *Should any provision of this approved Statement of Student Rights and Responsibilities be deemed contrary to procedural regulations under Title IX or any other regulation of the federal government, such provisions will be null and void until properly amended. The voiding of any one section shall not invalidate any other section
Existing for the pursuit of knowledge, academic institutions should encourage students to enlarge their capacity for critical judgment and to engage in a sustained and independent search for truth. In this respect, free inquiry and free expression are essential when appropriate to the mode of instruction.
Scholars have rights and responsibilities deriving from their highest standards. As members of this community, students have the duty of exercising and cherishing the freedom to learn. Therefore, appropriate opportunities in the classroom, on the campus, and in the larger community should prevail for such a purpose. This document enumerates some conditions conducive to freedom of learning. Students should exercise their rights with maturity and responsibility.
The advancement of higher learning should be the obligation of all members of the academic community. The University has a duty to develop policies and procedures which safeguard academic freedom. In consonance with this social process, the student's rights and privileges as citizens or residents of the United States shall not be abridged.
1. Academic Advisement.
Students have the responsibility to seek advisement throughout their enrollment at this University. To meet this responsibility, they have the right to reasonable access to professional advisement relative to all segments of their academic programs and to their career goals related to those academic programs. From academic major advisers, students should expect advisement relative to the appropriate selection of major and support courses and of General Education courses related to their goals and interests, and on matters relating to most university, and all college and department regulations and procedures. From other appropriate university offices, students should expect advice on matters relating to state and university regulations and procedures. Students have the responsibility to consult the requisite catalogs, schedules, and handbooks for rules and regulations concerning their major and support courses.
2. In the Classroom.
When appropriate to the mode of instruction in the classroom as well as in conference and advisement, the professor should encourage open inquiry and free expression. Students shall be evaluated solely on the basis of their academic performance, not on their opinions or conduct in matters unrelated to academic performance.
3. Student Official Records and Information.
4. Freedom of Information.
5. Student Affairs.
STATEMENT ON PEER-TO-PEER FILE SHARING
STUDENT CONDUCT PROCEDURES
- A. Campus or University means the California State University, including its 23 campuses and the Office of the Chancellor.
- B. Complainant means an individual who claims to have been injured by, or have knowledge of, a Student's violation of the Student Conduct Code, as defined below.
- C. Disability has the meaning defined in Executive Order 1097.
- D. Discrimination has the meaning defined in Executive Order 1097.
- E. DHR (Discrimination, Harassment, and Retaliation) Administrator means the Management Personnel Plan (MPP) Employee at each Campus who is designated to administer Executive Orders 1096 and 1097 and coordinate compliance with the laws prohibiting Discrimination, Harassment and Retaliation (based on Protected Status). The DHR Administrator may delegate tasks to one or more designees. The president may assign the roles of the DHR Administrator and Title IX Coordinator (defined below) to the same person. The name of, and contact information for, the DHR Administrator shall be made readily available to the Campus community and Third Parties.
- F. Executive Order 1095 is the systemwide Implementation of Title IX, VAWA/Campus SaVE Act (as defined below), and related Sex Discrimination, Sexual Harassment and Sexual Violence Legislation.
- G. Executive Order 1097 is the Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation Complaints by Students, and includes any superseding executive orders.
- H. Executive Order 1096 is the Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Employees and Third Parties and Procedure for Handling Discrimination, Harassment and Retaliation Allegations by Employees and Third Parties, and includes any superseding executive orders.
- I. Gender has the meaning defined in Executive Order 1097.
- J. Harassment has the meaning defined in Executive Order 1097.
1. Sexual Harassment has the meaning defined in Executive Order 1097.
2. Sexual Violence has the meaning defined in Executive Order 1097.
3. Sexual Assault has the meaning defined in Executive Order 1097.
4. Sexual Battery has the meaning defined Executive Order 1097.
5. Rape has the meaning defined in Executive Order 1097.
6. Acquaintance Rape has the meaning defined in Executive Order 1097.
7. Consent has the meaning defined in Executive Order 1097.
8. Domestic Violence has the meaning defined in Executive Order 1097.
9. Dating Violence has the meaning defined in Executive Order 1097.
10. Stalking has the meaning defined in Executive Order 1097.
- K. Investigator has the meaning defined in Executive Order 1097.
- L. MPP Employee, as defined in 5 Cal. Code Regs. Â§ 42720 et seq., means an employee who has been designated as "management" or "supervisory" under the provisions of the Higher Education Employer-Employee Relations Act.
- M. Preponderance of the Evidence means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side. The Preponderance of the Evidence standard is the applicable standard for demonstrating facts in a student disciplinary matter.
- N. Protected Status means Age, Disability, Gender, Genetic Information, Nationality, Race or Ethnicity, Religion, Sexual Orientation, and Veteran Status, as those terms are defined in Executive Order 1097.
- O. Remedies and Interim Remedies have the meanings defined in Executive Order 1097.
- P. Retaliation has the meaning defined in Executive Order 1097.
- Q. Student means an applicant for admission to the CSU, an admitted CSU student, an enrolled CSU student, a CSU extended education student, a CSU student between academic terms, a CSU graduate awaiting a degree, and a CSU student who withdraws from school while a disciplinary matter is pending.
- R. Student Conduct Code means 5 Cal. Code Regs. Â§ 41301, et seq.
- S. Title IX Coordinator means the Campus MPP Employee appointed by the Campus president to coordinate compliance with Title IX of the Education Amendments of 1972 (Title IX); the Violence Against Women Reauthorization Act of 2013 (which amends the Jeanne Clery Disclosure of Campus Security and Campus Crimes Statistics Act, commonly known as the Clery Act) (20 U.S.C. 1092(f))(VAWA), under its Campus Sexual Violence Elimination Act provision (Campus SaVE Act); and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking. (See Executive Orders 1095, 1096 and 1097.) The Title IX Coordinator may delegate tasks to one or more designees. The president may assign the roles of the DHR Administrator and Title IX Coordinator to the same person. The name of, and contact information for, the Title IX Coordinator shall be made readily available to the Campus community and Third Parties as described in Executive Order 1095.
- T. University Property means:
Real or personal property in the possession or under the control of the University; and All University facilities whether utilized by a Campus or a Campus auxiliary organization.
- U. Working Days are defined as Monday through Friday, excluding all official Campus holidays or Campus closures.
- 1. All student conduct administrators shall receive appropriate training regarding: (a) the student discipline process (including investigation skills and procedures); (b) the law governing Discrimination, Harassment and Retaliation; (c) student and witness privacy rights; and (d) the Family Educational Rights and Privacy Act of 1974 (FERPA).
- 2. All student conduct administrators shall receive annual training on issues related to: (a) Title IX, VAWA/Campus SaVE Act, and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking; and (b) how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- 1. Each Campus president shall appoint one or more persons to serve as hearing officers. They may be University employees (current or retired); managers or directors (current or retired) of a recognized campus auxiliary organization; attorneys licensed to practice in California; or administrative law judges from the Office of Administrative Hearings. Student conduct administrators and their subordinates, persons with a conflict of interest in the matter, and percipient witnesses to the events giving rise to the matter are ineligible to serve as hearing officers.
- 2. The hearing officer conducts the hearing, determines whether a Student has violated the Student Conduct Code, and prepares a report that includes findings of facts and conclusions about whether the Student violated the Student Conduct Code and any recommended sanctions.
- 3. All hearing officers shall receive appropriate training regarding: (a) the student discipline process; (b) the law governing Discrimination, Harassment and Retaliation; (c) student and witness privacy rights; and (d) FERPA.
- 4. All hearing officers shall receive annual training on issues related to: (a) Title IX, VAWA/Campus SaVE Act, and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking; and (b) the duties of the hearing officer (including impartiality, confidentiality and the duty to conduct hearings in a manner that protects the safety of victims and promotes accountability).
- 1. Each Campus president determines by Campus directive whether attorneys are permitted to be present in all or some Student conduct proceedings. Any person who has a license (active or inactive) to practice law is considered an attorney for purposes of this Executive Order. The president's determination regarding the presence of attorneys applies to the Student charged; Complainant; any witnesses who are alleged to be victims of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking); and the Campus, but not to the hearing officer, who may be an attorney in any case. If the Student charged is permitted to have an attorney present, the Complainant, any alleged victims of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), and the Campus shall also be permitted to have an attorney present.
- a. Any party may consult attorneys outside of the actual proceedings irrespective of the president's directive.
- b. Notwithstanding any Campus directive, attorneys may attend hearings: (a) where there are pending criminal (felony) charges arising out of the same facts that are the subject of the disciplinary proceeding; or (b) where the recommended sanction is expulsion.
- 2. If authorized by the president's directive, attorneys may participate (if at all) only as advisors, and may not speak on behalf of their clients. Any person who wishes to have an attorney present at the hearing must notify the student conduct administrator in writing of the attorney's name, address and phone number at least five Working Days prior to the hearing.
- 3. In the absence of a president's directive, attorneys shall be excluded from disciplinary conferences and hearings, subject to the two exceptions set forth in D.1.b, above.
- a. Complaints by Students alleging Discrimination, Harassment or Retaliation including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking against other Students shall be filed and investigated according to the procedures set forth in Executive Order 1097. The DHR Administrator (or the Title IX Coordinator, where the allegations involve Sex Discrimination, Sexual Harassment or Sexual Violence) shall notify the student conduct administrator of the status of any such complaint or appeal to the Chancellor's Office, as well as the investigation results (including findings and any Interim Remedies afforded to the Complainant/victim), so that the student conduct administrator may determine whether to initiate student conduct proceedings.
- b. Complaints by CSU employees or Third Parties, as defined in Executive Order 1096 (e.g., vendors, auxiliary employees or Campus visitors), alleging Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking) against Students shall be filed and investigated according to the procedures set forth in Executive Order 1096. The DHR Administrator (or the Title IX Coordinator, where the allegations involve Sex Discrimination, Sexual Harassment or Sexual Violence) shall notify the student conduct administrator of the status of any such complaint or appeal to the Chancellor's Office, as well as the investigation results (including findings and any Interim Remedies afforded to the Complainant/victim), so that the student conduct administrator may determine whether to initiate student conduct proceedings.
*1 Cal. Penal Code Â§ 626.4
- a. The sections of the Student Conduct Code and other Campus policies that are the subject of the charges;
- b. A factual description of the Student's alleged conduct that forms the basis for the charges;
- c. The proposed sanction or range of sanctions, including in cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), sanctions designed to provide protection/Remedies to the Complainant/victims;
- d. The location on the Campus where the Student can view his or her discipline file, including the location (or copies) of the Campus policies that were violated;
- e. Notification of any immediate, interim suspension (see Article VI) and/or withdrawal of consent to remain on Campus;(2)*
- f. Notification of the Student's right to be accompanied at the conference by a support person/advisor and the Campus policy regarding use of attorneys; and
- g. A copy of this Executive Order or notice of where the Student may obtain a copy. If an interim suspension has been imposed or consent to remain on Campus has been withdrawn by the time the Notice of Conference is sent, a copy of this Executive Order shall be enclosed, along with any other Campus policy referenced in the notice of hearing.
*2 Cal. Penal Code Â§ 626.4
- a. The conference and/or meeting shall not be recorded.
The student conduct administrator controls the conference/meeting and may exclude any advisor who materially disrupts the conference or meeting.
- b. The conference requirement is waived if the Student or Complainant/victim fails to attend the conference or otherwise declines to cooperate.
- a. Notify the Complainant/victim of the outcome of the conference, including any sanction that relates directly to the Complainant. Victims of crimes of violence, including sex offenses, shall also receive notice pursuant to Article IV.F.3.
- b. Take any appropriate further steps to address the effects of any hostile environment resulting from the Discrimination, Harassment or Retaliation.
- c. Identify and address any remaining systemic or other patterns of Discrimination, Harassment or Retaliation at the Campus.
- a. If the Student fails to attend the conference or otherwise declines to cooperate;
- b. If the matter is not closed or the disposition is not memorialized in writing promptly after the conference; or
- c. If the Student admits violating the Student Conduct Code, but no agreement can be reached with respect to the sanction.
- a. The sections of the Student Conduct Code and other Campus policies that are the subject of the charges;
- b. A factual description of the Student's alleged conduct that forms the basis for the charges;
- c. The proposed sanctions, including in cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), sanctions designed to provide protection/Remedies to the Complainant/victim;
- d. Notification that neither the hearing officer nor the president is bound by the proposed sanction, and that the hearing officer may recommend, and/or the president may set, a more severe sanction;
- e. The date, time and place of the hearing;
- f. The location on the Campus where the Student may view his or her discipline file, including the location (or copies) of the Campus policies that were violated;
- g. Notification that the Student may be accompanied at the hearing by an advisor, and the Campus policy regarding use of attorneys. In cases of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), if the Student charged brings an attorney, the Complainant/victim shall also be notified of the right to bring an attorney. If attorneys are allowed, notification shall be given that any person who intends to bring an attorney must inform the student conduct administrator of the attorney's name, address and phone number at least five Working Days before the hearing;
- h. Notification that the Student can waive the right to a hearing by accepting the proposed sanction;
- i. Notification of any immediate, interim suspension (see Article VI) and/or withdrawal of consent to remain on Campus;(3)* and
- j. A copy of this Executive Order or notice of where the Student and/or Complainant may obtain a copy. If an interim suspension has been imposed or consent to remain on Campus has been withdrawn by the time the notice of hearing is sent, a copy of this Executive Order shall be enclosed, along with any other Campus policy referenced in the notice of hearing.
*3 Cal. Penal Code Â§ 626.4
- a. The Complainant/victim may be present while evidence is being presented concerning the charges that relate to him/her, unless the hearing officer grants a request of any Student or other witness that the Complainant/ victim be excused during that Student or witness's testimony to protect privacy rights and/or pursuant to FERPA.
- b. The DHR Administrator (or the Title IX Coordinator, where the allegations involve Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, or Stalking) may attend the hearing in its entirety.
- c. Questions may not be posed to an alleged victim, including any Complainant who is an alleged victim, about his or her past sexual behaviors involving any persons other than the Student charged.
- d. The hearing officer shall ask any questions of the alleged victims (including the Complainant if he/she is an alleged victim) on behalf of the Student charged (who shall give the hearing officer a written list of questions), unless the alleged victims expressly waive this requirement and consent to questioning directly by the Student charged.
- e. The hearing officer shall ask any questions of the Student charged and other witnesses on behalf of the alleged victim (who shall give the hearing officer a written list of any such questions), unless the victim in question expressly waives this requirement.
- f. The investigation report and any Chancellor's Office Response prepared pursuant to Article IV.A.4 of this Executive Order and Executive Order 1096 or 1097 shall be entered into evidence at the hearing. Any report or response shall be redacted to protect private (e.g. contact) information concerning the Complainant or other witnesses.
- a. The outcome of any disciplinary proceedings that arise from such allegations;
- b. Any change to the results that occurs prior to the time that such results become final; and
- c. When such results become final.(4)*
This information is given only to the Student charged and Complainant-victim, and includes the name of the Student charged, any violation found to have been committed, and any sanctions imposed on the Student charged.(5)* The University may also notify any other alleged victim of the final results regardless of whether or not the charges are sustained.(6)*
- a. A Student who is suspended for less than one academic year shall be placed on inactive Student (or equivalent) status (subject to individual Campus policies) and remains eligible to re-enroll at the University (subject to individual Campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may be specified.
- b. A Student who is suspended for one academic year or more shall be separated from Student status but remains eligible to reapply to the University (subject to individual Campus application polices) once the suspension has been served. Conditions for readmission may be specified.
- c. Suspension of one academic year or more shall be entered on the Student's transcript permanently without exception; this requirement shall not be waived in connection with a settlement agreement.
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802-4210
Executive Order: 1098
Effective Date:June 3, 2014
Supersedes: Executive Order 1073
Title: Student Conduct Procedures
Article I. Authority and PurposeThese procedures are established pursuant to 5 Cal. Code Regs. Â§ 41301, and govern all student disciplinary matters systemwide.
Article II. Definitions
Article III. General ProvisionsA. Student Conduct Administrator
Each Campus president shall assign an MPP Employee to be the student conduct administrator, whose responsibilities are to perform duties as prescribed in these procedures.
B. Hearing Officers
Both the Complainant and the Student charged may elect to be accompanied by an advisor to any meetings, conferences, interviews or hearings. The advisor's role is limited to observing and consulting with, and providing support to, the Complainant or Student charged; an advisor may not speak on a Student's or Complainant's behalf. Witnesses who are alleged to be victims of Discrimination, Harassment or Retaliation, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, may also elect to be accompanied by an advisor on these same terms.
Student conduct proceedings are not meant to be formal court-like trials. Although University-related sanctions may be imposed, the process is intended to provide an opportunity for learning.
Information provided to University employees shall be considered private and shall be shared with other University employees and law enforcement exclusively on a "need to know" basis. University employees shall endeavor to honor any Complainant's or alleged victim's request for confidentiality; however, the University shall also weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the Campus community. Confidentiality, therefore, cannot be ensured. Executive Orders 1095 and 1097 identify those categories of University employees who are required by law to maintain near or complete confidentiality (for example, in connection with allegations of Sexual Violence). Questions about rights and options with respect to confidentiality should be directed to the Title IX Coordinator.
The student conduct administrator shall deliver all correspondence to Students (including the Student charged) at the University-assigned, or other primary, email address linked to the Student's account in the registrar's office.
G. Other Student Conduct Code Violations Related to Incidents of Sexual Violence
Alleged victims should not be deterred from reporting incidents of Sexual Violence out of a concern that they might be disciplined for related violations of drug, alcohol, or other University policies. The University's primary concern is Student safety; therefore, except in extreme circumstances, alleged victims of Sexual Violence shall not be subject to discipline for related violations of the Student Conduct Code.
H. Interpretation of the Student Conduct Code and this Executive Order
All issues regarding the hearing described in Article IV.D except those specifically noted are within the purview of the hearing officer for final determination. Questions of interpretation of the Student Conduct Code or this Executive Order are outside the purview of the hearing officer and are determined by the Campus vice president for Student Affairs or designee.
I. Delegation of Duties
The duties of the president in these proceedings may be delegated to a vice president.
The Campus may (but is not required to) extend timelines set forth in this Executive Order. Extensions shall be determined by the Campus president, vice president for Student Affairs, or a designee. The student conduct administrator shall notify the Student charged, Complainant, witnesses and involved Campus administrators of any revised timeline.
K. Parallel Judicial Proceedings
Student Conduct Code proceedings are independent from court or other administrative proceedings. Discipline may be instituted against a Student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of the Student Conduct Code. The Campus may proceed before, simultaneously with, or after any judicial or other administrative proceedings, except in cases involving Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking). In such cases, the Campus shall proceed without delay pursuant to Article IV.A.4.a, below.
L. Cases Involving Academic Dishonesty
Academic dishonesty cases that occur in the classroom shall be handled by faculty members according to applicable Campus procedures. After action has been taken in any such case, the faculty member shall promptly notify the vice president for Student Affairs (or designee) and the student conduct administrator of the matter so that the circumstances of the misconduct can be considered in their totality. A department's procedure for responding to cases of academic dishonesty is, by its nature, limited to the instance presented in a particular class. The Student Conduct Code process provides the Campus with an opportunity to consider the Student's entire circumstances, including whether the reported instance is part of a larger pattern of misconduct.
Article IV. ProceedingsA. Complaint Intake/Investigation
1. Complaint. Whenever it appears that the Student Conduct Code has been violated, an oral or written complaint should be directed to the student conduct administrator as soon as possible after the event takes place.
2. Investigation. Subject to section 4 below, the student conduct administrator shall promptly: investigate each complaint submitted; determine whether it is appropriate to charge a Student with violation of the Student Conduct Code; and consider whether the University should implement an interim suspension (pursuant to Article VI), withdrawal of consent to remain on Campus,(1)* no contact orders concerning one or more members of the University community, or other Interim Remedies for the protection of any Complainant/victim or witnesses.
3. Timelines. Investigations shall be concluded within 40 Working Days after a complaint has been made. (In cases alleging DHR, investigations shall be concluded within 60 Working Days.) Cases Involving Allegations of Discrimination, Harassment or Retaliation.
B. Notice of Conference and Conference
1. Within 10 Working Days after the investigation is complete (or in cases involving Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), within 10 Working Days after the student conduct administrator receives the Investigator's findings pursuant to Article IV.A.4, above), the student conduct administrator shall notify the Student in writing that a conference has been scheduled or that the Student is directed to promptly schedule a conference with the student conduct administrator.
2. The Notice of Conference shall include the following information:
3. In cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), the student conduct administrator shall offer the Complainant/victim the opportunity to meet with the student conduct administrator separately, prior to the conference. The conference and any meetings with the Complainant/victim shall occur within 20 Working Days after the student conduct administrator receives the report and findings pursuant to Article IV.A.4 of this Executive Order.
4. The conference with the Student charged and any meeting with the Complainant/victim shall be conducted as follows:
5. The Student shall respond to the charges of misconduct at the conference. The student conduct administrator shall determine which cases are appropriate for resolution (via settlement agreement), taking into consideration the results of the investigation and any additional information provided by the Student charged and the Complainant/victim during any conferences. If agreement can be reached with the Student as to an appropriate disposition, the matter shall be closed and the terms of the disposition shall be put in writing and signed by the Student charged and the University after the Student charged has been given a reasonable opportunity to review the proposed settlement agreement with a support person/advisor of the Student's choice. Suspension of one academic year or more or expulsion shall be entered on the Student's transcript permanently without exception; this requirement shall not be waived in connection with any settlement agreement.
6. If the Student admits violating the Student Conduct Code, but no agreement can be reached with respect to the sanction, the Student may request a hearing on the sanction only.
7. In cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), the student conduct administrator shall promptly notify the DHR Administrator or the Title IX Coordinator of the outcome of the conference with the Student charged. If the case does not proceed to hearing, the DHR Administrator (or the Title IX Coordinator) shall at that time:
8. Discipline cases involving allegations of Discrimination, Harassment or Retaliation may be resolved through the informal conference process. It is, however, not appropriate in such cases for a Complainant to be required to "work out the problem" directly with the Student charged, and in no event should any meeting between Complainant and the Student charged be required. The Complainant must be notified of the right to end any such informal process at any time.
9. Nothing in this Executive Order shall prevent the Student and the University from entering into a voluntary resolution of an actual or anticipated student disciplinary case at any time, provided that the Student is first given a reasonable opportunity to review any proposed settlement agreement with an advisor/support person of his/her choice.
C. Notice of Hearing
1. The student conduct administrator shall issue a notice of hearing promptly after the conference. In cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), notice shall also be provided to the Complainant and the DHR Administrator or the Title IX Coordinator. The notice of hearing shall be issued within five Working Days after the conference has concluded.
2. The notice of hearing shall be issued under the following circumstances:
3. The notice of hearing shall include the following information:
4. The student conduct administrator shall schedule the hearing promptly, but in any event no sooner than 10 Working Days after, and no later than 20 Working Days after, the date of the notice of hearing (subject to Article III.J).
5. A notice to appear at hearing shall be sent to any University-related witnesses at least 10 Working Days before the hearing at the University-assigned or other primary e-mail addresses linked to these persons' University accounts.
6. The notice of hearing may be amended at any time, and the student conduct administrator may (but is not required to) postpone the hearing for a reasonable period of time. If the notice is amended after a hearing is underway, the hearing officer may (but is not required to) postpone the hearing for a reasonable period of time.
1. The hearing is closed to all persons except the student conduct administrator; the Student charged; the Complainant/victim in cases of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking); their respective advisors; appropriate witnesses while they are testifying; a support person to accompany alleged victims of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking) while they are testifying; the hearing officer; and one person to assist the hearing officer in recording the hearing. The Student charged, any Complainant, and any witnesses shall attend the hearing in person unless the student conduct administrator permits an exception (e.g., participation via videoconference or telephone). A police or security officer may also be present if deemed appropriate or necessary by the vice president for Student Affairs or hearing officer. The University will cooperate in providing University witnesses wherever possible, provided that they are identified at least five Working Days before the hearing.
2. Hearings are intended to be educational rather than adversarial. The hearing officer controls the hearing. Except as provided in section 4 below, the student conduct administrator and the Student charged each put on the evidence in their case and may each ask questions of the witnesses in whatever manner the hearing officer deems appropriate.
3. The hearing officer may ask questions of any witness, the Student charged, the Complainant, or the student conduct administrator.
4. In cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking):
5. Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. All information that responsible persons are accustomed to rely upon in the conduct of serious affairs is considered. Hearsay may be considered and will be given the weight appropriate under all of the circumstances. Unduly repetitive information may be excluded. The hearing officer's report shall be based only on the information received at the hearing. The hearing officer shall not, prior to preparing the report, have substantive communications about the facts of the case with the student conduct administrator, the Complainant, the Student charged, the witnesses or DHR Administrator (or the Title IX Coordinator), unless both the student conduct administrator and the Student charged are present.
6. The hearing officer shall make an official audio recording of the hearing (with assistance, at the hearing officer's discretion). The recording is University Property. No other recording of the hearing is permitted. The audio recording shall be retained by the student conduct administrator in accordance with the Campus records/information retention and disposition schedule.
7. If the Student charged or Complainant fails to appear at the hearing without good cause, the hearing shall nevertheless proceed. The Student charged may not be found to have violated the Student Conduct Code solely because he or she failed to appear at the hearing. Nor may the Student charged be found not to have violated the Student Conduct Code solely because a Complainant or witness failed to appear at the hearing.
8. The hearing officer is responsible for maintaining order during the hearing and makes whatever rulings are necessary to ensure a fair hearing. Abusive or otherwise disorderly behavior that causes a material disruption is not tolerated. The hearing officer may eject or exclude anyone (including the Student charged and advisors) whose behavior causes a material disruption.
9. The hearing officer's decisions regarding procedural issues are final.
10. Where there is more than one Student charged with misconduct in connection with a single occurrence or related multiple occurrences, the student conduct administrator and the Students charged may agree to a single hearing. A Student may request consolidation of his or her case with others, or the student conduct administrator may initiate the consolidation (subject to FERPA and other applicable privacy laws). The student conduct administrator makes consolidation decisions, which are subject to review by the hearing officer and thereafter are final.
11. At any time during the hearing, the Student charged may waive the right to a hearing and accept the proposed sanction. Such a waiver must be in writing.
E. Standard of Proof; Report and Recommendations of the Hearing Officer
1. After the hearing, the hearing officer shall make findings of fact and conclusions about whether the Student charged violated the Student Conduct Code. The standard of proof the hearing officer shall use is whether the University's charge is sustained by a preponderance of the evidence. It is the University's burden to show that it is "more likely than not" that the Student violated the Student Conduct Code.
2. The hearing officer shall submit a written report of findings and conclusions to the president, along with any recommended sanctions, including, in cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), recommendations regarding restricting the Student's contact with, or physical proximity to, the Complainant or other persons. The report shall be submitted within 10 Working Days after the hearing.
F. Final Decision/Notification
The president shall review the hearing officer's report and issue a final decision.
1. The president may impose the recommended sanctions, adopt a different sanction or sanctions, reject sanctions altogether, or refer the matter back for further findings on specified issues. If the president adopts a different sanction than what is recommended by the hearing officer, the president must set forth the reasons in the final decision letter. The president's final decision letter shall be issued within 10 Working Days after receipt of the hearing officer's report.
2. The president shall send his or her decision electronically to the Student charged at the University-assigned or other primary e-mail address linked to the Student's University account.
3. In cases involving crimes of violence, including Sexual Violence, Domestic Violence, Dating Violence, or Stalking, both the Complainant-victim and the Student charged shall be simultaneously informed in writing of:
4. In cases involving other allegations of Discrimination, Harassment or Retaliation without crimes of violence, a similar notice will be issued, but the information given to the Complainant-victim concerning sanctions shall be limited to any violation found to have been committed and any sanctions that relate directly to the Complainant-victim.
5. In cases involving Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), the president shall also send his or her final decision to the DHR Administrator or the Title IX Coordinator so that he/she may determine whether any additional Remedies or steps shall be afforded or undertaken in order to maintain a safe and nondiscriminatory University environment.
6. In cases involving crimes of violence and/or Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), if the Complainant-victim requests a copy of the transcript of the hearing, the University shall provide the portions of the transcript that relate to the requestor and concern whether a violation of the Student Conduct Code occurred.
*4 20 U.S.C. Â§ 1092.
*5 20 U.S.C. Â§ 1232g; 34 C.F.R. Â§ 668.46(b)(11)(vi)(B); and VAWA/Campus SaVE Act.
*6 34 C.F.R. Â§ 99.31 et seq.
Article V. SanctionsA. The following sanctions may be imposed for violation of the Student Conduct Code:
1. Restitution. Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.
2. Loss of Financial Aid. Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, cancelled or denied.7
3. Educational and Remedial Sanctions. Assignments, such as work, research, essays, service to the University or the community, training, counseling, or other remedies intended to discourage a repeat of the misconduct or as deemed appropriate based upon the nature of the violation.
4. Denial of Access to Campus or Persons. A designated period of time during which the Student is not permitted: (i) on University Property or specified areas of Campus;8 or (ii) to have contact (physical or otherwise) with the Complainant, witnesses or other specified persons.
5. Disciplinary Probation. A designated period of time during which privileges of continuing in Student status are conditioned upon future behavior.Conditions may include the potential loss of specified privileges to which a current Student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the Student is found to violate any University rule during the probationary period.
6. Suspension. Temporary separation of the Student from active Student status or Student status.
7. Expulsion. Permanent separation of the Student from Student status from the California State University system. Expulsion shall be entered on the Student's transcript permanently without exception; this requirement shall not be waived in connection with a settlement agreement.
*7 Cal. Educ. Code Â§ 69810 et seq.,
*8 Cal. Penal Code Â§ 626.2
B. Multiple Sanctions
More than one sanction may be imposed for a single violation.
C. Good Standing
A Student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension or expulsion, or while his or her admission or re-admission has been qualified.(9)*
D.Administrative Hold and Withholding a Degree
The University may place an administrative hold on registration transactions and release of records and transcripts of a Student who has been sent written notice of a pending investigation or disciplinary case concerning that Student, and may withhold awarding a degree otherwise earned until the completion of the process set forth herein, including the completion of all sanctions imposed.
E. Record of Discipline
A record of disciplinary probation or suspension is entered on a Student's transcript, with beginning and end date, for the duration of the sanction. A record of expulsion or suspension for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. This requirement shall not be waived in connection with any settlement agreement.
*9 5 Cal. Code Regs. Â§ 40601(g).
Article VI. Interim SuspensionA. Grounds
A president may impose an interim suspension pursuant to 5 Cal. Code Regs. Â§ 41302 where there is reasonable cause to believe that separation of a Student is necessary to protect the personal safety of persons within the University community or University Property, and to ensure the maintenance of order.
B. Notice and Opportunity for Hearing
A Student placed on interim suspension shall be given prompt notice of the charges pending against him or her as enumerated in 5 Cal. Code Regs. Â§ 4130; a factual description of the conduct alleged to form the basis for the charges; and the opportunity for a hearing within 10 Working Days of the imposition of the suspension.(10)* Where a timely request is made, a hearing is held to determine whether continued suspension is required to protect personal safety or property and to ensure the maintenance of order. This hearing may also serve as the disciplinary hearing in accordance with the procedures outlined in Article IV, provided that proper notice has been given and, in cases involving Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), that an investigation report has been completed. The hearing is conducted pursuant to the provisions of Article IV.D of these procedures. The president shall review the hearing officer's report and shall promptly issue a final decision regarding interim suspension. Notice to the Student charged shall be given pursuant to Article IV.F.2. Victims of Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence, or Stalking) or other crimes of violence shall be notified pursuant to Article IV.F.3 and 4. In such cases, a copy of the final decision shall also be provided to the DHR Administrator or the Title IX Coordinator pursuant to Article IV.F.5 of this Executive Order. If the University establishes that there is reasonable cause for the interim suspension to continue, it shall remain in effect until the University closes the disciplinary matter, whether by settlement, final decision or dropped charges, but in no case longer than the president has determined is required to protect the personal safety of persons within the University community or University Property and to ensure the maintenance of order.
C. Denial of Presence on Campus
During the period of an interim suspension, the Student charged may not, without prior written permission from the Campus president, enter any Campus of the California State University other than to attend the hearing regarding the merits of his or her interim suspension. The president may also restrict the Student's participation in University-related activities on a case-by-case basis, such as attending off-Campus activities and/or participating in on-line classes. Violation of any condition of interim suspension shall be grounds for expulsion.(11)*
*10 5 Cal. Code Regs. Â§ 41302.
*11 5 Cal. Code Regs. Â§ 41302.
Article VII. Admission or ReadmissionApplicants for admission into any University program are subject to appropriate sanctions for violations of the Student Conduct Code, including qualification, revocation or denial of admission or readmission. Any such sanction shall be determined by a hearing held pursuant to Article IV.
STUDENT GRIEVANCE PROCEDURES
- a. the named employee against whom the grievance is brought
- b. a student who was in the class that is a subject of the grievance
- c. a witness to any of the events that are the subject of the grievance or the name employee's response
- d. a parent, child, grandparent, grandchild, sibling, first cousin, spouse, ex-spouse, son-in-law, daughter-in-law, brother-in-law, sister-in-law, niece, nephew, or domestic partner of, or who has cohabited with the student or the named employee
- e. from the same department or unit as the named employee. A panel member who has conflict shall immediately notify the coordinator, so that a replacement may be selected
- the alleged conduct, if true, would constitute unfair treatment or a violation of policy by the named employee against the student
- a hearing on the allegations would reasonably permit the panel to determine the truth or falsity of the facts alleged
- a. The student shall present all evidence in support of the grievance. The student is limited to presenting evidence that is referred to in or relevant to the allegations made in the grievance form
- b. The named employee shall present all evidence refuting the allegations. The named employee is limited to presenting evidence that is referred to in or relevant to the allegations and defenses raised by the named employee in the response to the grievance form
- c. The student shall present all evidence that rebuts the named employee's evidence that does not simply restate the student's earlier evidence
- d. The named employee shall present all evidence that rebuts the student's rebuttal evidence that does not simply restate the named employee's earlier evidence. Evidence that is solely about the character of a student, named employee, or witness shall not be permitted. This shall not preclude evidence that, for reason other than character, bears on the credibility of a student, named employee, or witness, or tends to show a relevant trait or practice. Hearsay statements may be considered, but the panel should consider the existence or lack of corroborating evidence and the reason for the absence of the person to whom the statement is attributed. Cross-examination of witnesses shall not be permitted
- a. The grievance was not submitted in a timely manner at step four
- b. A panel member had a conflict of interest and was not removed after an objection was raised in a timely manner
- c. A panel member had a conflict of interest that was discovered subsequently to the time during which objections could be made
- d. The procedure set forth in this grievance procedure was not followed, to the detriment of the appealing party
- e. A panel member was biased against the appealing party. The letter shall describe in detail the facts that support one or more of the reasons set forth in this section
STUDENT GRIEVANCE PROCEDURES(Senate: 1/23/68, 11/9/71, 7/15/75, 10/5/77, 2/27/79, 3/11/80; 5/13/80, 12/2/80, 3/2/99, 5/31/05; President: 3/26/68, 11/18/71, 12/31/75, 11/1/77, 3/8/79, 6/23/80, 12/9/80, 4/30/99, 1/11/07; Editorial Amendment: 9/00)
It is believed by the makers of this statement that adequate safeguards have been included to protect the rights of all concerned parties and to insure that Grievances are handled fairly. However, no rule, regulation, or policy should substitute for open, honest communication; nor should any Grievance procedure take the place of negotiating in good faith. The Grievance procedure described herein is but one channel for solving problems. It should not be used to avoid the personal communication that is necessary to the academic process. Information regarding procedures for filing a Student Grievance may be obtained from the Office of the Vice President for Student Affairs.
The purpose of the Student Grievance Policy and Procedure is to enable students to seek redress for complaints or grievances (referred to as "grievances") that allegedly resulted in injury to the student. A grievance arises from any alleged unauthorized or unjustified act or decision by a member of the faculty, staff, and/or management employee which adversely affects the status, rights, or privileges of a student.
The Student Grievance process is intended to resolve grievances that are not addressed by more specific policies or investigative processes. It applies to existing University policy and is not a vehicle to change existing or create new University policy.
Definitions/ResponsibilitiesA. Appropriate Administrator
The Vice President of the Division (or the Division Vice President's designee) in which the named employee works. In the case of a faculty employee, the dean of the appropriate college may be the appropriate administrator. The appropriate administrator will work with the named employee and the student to attempt to resolve the grievance to the satisfaction of both.
B. Appropriate Supervisor
The immediate superior to whom the named employee reports on the date of the action or event being grieved. For purposes of this Grievance Procedure, a faculty employee's appropriate supervisor is his/her department/division chair or school director. The appropriate supervisor will work with the named employee and the student to attempt to resolve the grievance to the satisfaction of both.
C. Business Day
All days of the week, excluding Saturdays, Sundays, and days on which California State University, Los Angeles is closed.
The University Student Grievance Committee. The Committee, through its panel, will conduct grievance hearings, deliberate, and issue findings of fact and recommendations for action fairly and expeditiously.
The Coordinator of the Committee. The Coordinator shall be a University administrator, appointed by the President. The Coordinator shall serve at the pleasure of the President, with no set term of office. The Coordinator shall serve as Chair for and advise the Committee and any panels on rules and procedures. The Coordinator shall not vote and the Coordinator shall remain neutral on the merits of the grievance. The Coordinator will select panels from the Committee, chair, coordinate, and monitor the activities of the panels, schedule hearings, and meet with the Committee and panels as necessary. The Coordinator will ensure that grievances are processed in accord with this Grievance Procedure and assist students in submitting grievances to the Committee.
F. Faculty Unit Employee
An employee who is a member of Bargaining Unit 3 at the University.
A complaint by a student, which is not subject to another investigation process, that a named employee has treated the student unfairly or has violated the California State University, Los Angeles policy, resulting in an injury to the student. Grievances may not be brought against the University President under this procedure.
H. Investigation Process
Any grievance resolution process, formal investigation process, or discipline process administered by the University, other than the student grievance process, which more appropriately and effectively resolves the issues raised in the student's grievance.
I. Management Employee
An employee with management/supervisory responsibilities working under the Management Personnel Plan (Title 5, Article 2.2).
J. Named Employee
An employee of the California State University, Los Angeles (including a faculty unit employee) who is the focus of the student's grievance. The named employee will attempt, when possible, to resolve the grievance informally with the student.
A subsetof the Committee assigned to consider a grievance, consisting of one faculty member, one student, and one President's appointee. The Coordinator may serve as an advisory, non-voting member of the panel.
The President of California State University, Los Angeles. The President will consider timely appeals of the President's Designee's decision, consult with other persons as necessary, and issue decisions on appeals and corrective orders.
M. President's Designee
A management employee designated by the President.
A person who, at the time that the event or action which is the subject of the grievance occurred, was a continuing undergraduate or graduate student, or enrolled in an Extended Education or Open University course.
O. Vice President
The Vice President of the division of the University in which the named employee works.
Informal Grievance ResolutionBecause timely resolution of complaints or grievances is in the best interests of students, faculty, administration, and the University as a whole, all parties are expected to actively seek resolution to these complaints or grievances within the time frame and through the procedures set forth by this policy. Although they are informal, the first three steps of the grievance process must be completed within ninety days of the event/action (or the last date of a related series of events/actions) upon which the grievance is based, unless the student and the appropriate administrator enter an extension of time in writing. All parties have the responsibility to make themselves aware of these procedures and act in a manner which allows the process to work efficiently and fairly.
Step One Discussion with Named Employee
Before commencing any formal proceedings under the Student Grievance Process, a student should normally attempt to discuss with the named employee the student's concerns or complaints about the named employee's conduct. This may not be possible in all cases, particularly if the student believes that he/she is or will be the victim of discrimination, harassment, or retaliation. Barring these concerns, however, the student should make the effort to speak to the named employee. A student is not required to discuss his/her grievance with the named employee and may proceed directly to step two. However, the panel may consider unwarranted avoidance of the named employee in evaluating the credibility of the student's grievance and the severity of the named employee's conduct. If the grievance is resolved at step one, no further action under this policy will be taken.
Step Two Discussion with Appropriate Supervisor
If the grievance is not resolved at step one, the student should discuss it with the appropriate supervisor. This discussion is a prerequisite to proceeding to steps three and four. The appropriate supervisor's role at this stage is that of mediator. The appropriate supervisor shall reasonably attempt to mediate a resolution to the grievance. This stage of the grievance process shall be considered informal and the involved parties are strongly encouraged to participate and cooperate with the appropriate supervisor's attempt to resolve the dispute. If the named employee is a unit three employee, the supervisor may consult an appropriate department/division/school committee that has been designated by the department/division/school to hear student grievances. This department/division/school committee shall recommend a resolution to the Supervisor who will share this information with the student and the employee. If the appropriate supervisor or named employee believes that the student did not reasonably attempt to resolve the grievance, the panel may consider this in evaluating the credibility of the student's grievance and the severity of the named employee's conduct. If the grievance is resolved at step two, no further action under this policy will be taken. If the appropriate supervisor is the named employee against whom the student has grieved, the student may bypass step two and proceed directly to step three.
Step Three Discussion with the Appropriate Administrator
If the grievance is not resolved at step two, the student should discuss it with the appropriate administrator. This discussion is a prerequisite to proceeding to step four. The appropriate administrator shall reasonably attempt to mediate a solution to the grievance. If the appropriate administrator believes that the student or named employee did not reasonably attempt to resolve the grievance, the panel may consider this in evaluating the credibility of the student's grievance and the severity of the named employee's conduct. If the grievance is resolved at step three, no further action under this policy will be taken. If the appropriate administrator is the named employee against whom the student has grieved, the student may bypass steps two and three and proceed directly to step four.
Committee Formation ProceduresThe committee shall consist of nine members, each serving a one-year term commencing on July 1. Three members shall be students, three members shall be unit three faculty, and three members shall be staff employees. Student members shall be appointed by the governing board of the Associated Students, no later than April 15 of each year. No more than one student in any major may be appointed. To be eligible for appointment, a student must have completed at least two quarters at the University and at the time of appointment be in good academic standing. Within five business days of appointing student members, the Associated Students shall notify the President of their names and majors. Faculty shall be appointed by the Nominations Committee of the Academic Senate no later than April 15 of each year. No more than one faculty member may be appointed from any college. To be eligible for appointment, a faculty member must be tenured or tenure-track. The faculty member may not be on sabbatical, a difference-in-pay leave, or be serving a terminal year during his/her year of service. Within five business days of making appointments, the Nominations Committee shall notify the President of the names and departments of the selected faculty members. Staff members shall be appointed by the President no later than April 15 of each year. If, for any reason, a committee member leaves the committee, the appropriate appointing authority shall replace him/her as soon as possible. If the departing member is on one or more panels that have not completed their cases, the coordinator shall select an alternate panel member by lot.
Formal Grievance ResolutionStep Four Presenting Grievance to the Committee
Within one hundred days of the event/action (or the last date of a related series of events/actions) upon which the grievance is based, a student must complete an approved grievance form and present it to the coordinator if he/she desires formal review of the grievance, notwithstanding any action taken by the appropriate administrator. If the student and the appropriate administrator had entered an extension of time in writing permitting the first three levels of the grievance process to be completed in more than ninety days, then this deadline for completing an approved grievance form shall be automatically extended by the same number of days as set forth in the extension document. The student shall have first completed the informal processes, in a time and manner that will permit the timely filing of the grievance form.
The coordinator shall assist the student in submitting allegations and identifying physical evidence and witnesses on the grievance form. The coordinator shall determine whether findings have been made as to facts alleged in the grievance through another investigation process and obtain a copy of such findings if they exist and are not confidential. Within five business days of receiving a grievance, the coordinator shall select a panel from the committee. The coordinator shall select by lot a panel of three members, consisting of one member each from three groups of appointees. If a panel member can not serve because of unavailability, conflict of interest, or other reason beyond his/her control, a replacement shall be selected by lot from that panel member's group. For purposes of panel selection, a conflict of interest exists for a potential panel member if he/she is:
A knowing failure to disclose a conflict of interest shall be grounds for disciplinary action against the panel member by the University and shall be grounds for permanent removal of the individual from the committee. Within five business days of selecting a panel, the coordinator shall notify the student, in writing, that he/she has received the grievance and that the panel has been formed. The names of the panel members shall be provided in the notice. A copy of this policy and procedure shall also be included with the notice. Within two business days of selecting the panel, the coordinator shall notify the named employee, in writing, that a grievance has been filed against him/her. The notice shall include a copy of the completed grievance form and the names of the panel members. The notice shall inform the named employee that he/she has ten business days in which to deliver to the coordinator a written response to the grievance and that no facts, physical evidence or witnesses will be permitted at the hearing if they are not identified in the written response. A copy of this policy and procedure shall be included with the notice. A student or named employee must notify the coordinator, in writing, of any objections to a member of the panel within five business days of receiving notice of the panel members' names. Objections to the composition of the panel must be based on at least one of the grounds set forth in the section on conflict of interest.
The coordinator shall immediately contact the panel member in question. If the panel member denies that a conflict exists, the coordinator shall decide whether a conflict exists, within five business days of receiving the objection. If the panel member is removed or admits a conflict, a new panel member shall be selected and all parties shall be notified in writing of the replacement within five business days. If the coordinator receives written findings made in another investigation process stemming from the same events/actions as the grievance prior to a decision by the panel, and those findings are not confidential, he/she shall give copies of the findings to the panel, the student and the named employee within five days. Within five business days of receiving the response from the named employee, the coordinator shall give a copy of the response to the student.
Initial Consideration of GrievanceWithin five business days of selecting the panel, the coordinator shall provide each panel member a copy of the completed grievance form. The panel members shall meet with the coordinator within five business days after the coordinator provides the grievance form to the panel to discuss the allegations, determine, based on the preliminary information available at that point, whether a case for misconduct has been stated, and notify the coordinator of its conclusion in writing. For the purposes of this policy a potential case for misconduct exists only if:
The named employee's response is not relevant and shall not be considered by the panel members at this stage. Similarly, findings from another investigation process shall not be considered at this stage. A panel member may not abstain from voting on whether or not a case for misconduct exists. If the panel concludes that a case for misconduct does not exist as to one or more allegations, the coordinator shall provide the written conclusion and a copy of the grievance to the President's Designee within five business days of receipt, of the conclusion from the panel. Within five business days of receipt, the President's Designee shall adopt the panel's conclusion as to the allegations in question and notify the student in writing or reject it in whole or in part and direct the panel to conduct a hearing. If the President's Designee directs the panel to hear the grievance as to the allegations in question, he/she shall identify in writing those allegations for which he/she believes a case for misconduct exists, and provide a copy to the coordinator. If the panel concludes that a case for misconduct exists in some or all of the allegations, the panel shall identify in writing those allegations and provide a copy to the coordinator. Within five business days of receiving a decision to conduct hearing, the coordinator shall provide a copy of the decision to the student and the named employee and schedule a hearing date no later than 20 business days after his/her receipt of the decision. The hearing may be scheduled on a later date only for extraordinary reasons, which shall be limited to the availability of the student, the named employee, a panel member, or a witness deemed by a majority of the panel as material to the hearing. A person is available unless he/she is legally required to be elsewhere or has previously planned travel or activity that will make him/her physically unavailable. If the coordinator subsequently receives a directive from the President's designee to conduct a hearing on other allegations, the coordinator shall provide a copy of the directive to the panel, the student, and the named employee. If the coordinator believes that multiple grievances are sufficiently related, he/she may schedule a single hearing in which all related grievances shall be presented provided the named employee approves. Where such grievances have been assigned to different panels, the coordinator shall choose one of these panels by lot to hear the grievances. Within five business days of selecting the panel, the coordinator shall notify in writing the affected students, employees, and panel members of the consolidation and provide the names of the panel members in writing to the affected students and employees. The coordinator shall send copies of the grievance forms to the panel members.
Grievance HearingThe coordinator shall provide to the student and named employee written notice of the date, time, and location of the hearing, at least ten business days before the date of the hearing. Shorter notice may be provided only if all parties to the hearing have agreed to accept shorter notice. The coordinator shall include with the notice to the President's Designee or panel's identification of pertinent allegations. It is the duty of the student and the named employee to provide notice to and secure attendance of their witnesses at the hearing. No person who is or ever has been licensed to practice law may participate in the hearing process, unless that person is the student, the named employee, a panel member, or a witness. A student or named employee may be represented by any other person. The representative may assist in the presentation of evidence and arguments to the panel, but may not also be a witness. The panel may receive legal advice from the University Legal Counsel regarding procedural or legal questions, but not about the merits of the grievance. The burden of proof in a hearing rests with the student, who must prove that it is more likely than not that the alleged actions/events occurred and that they constituted unfair treatment or a violation of policy. Each party shall provide all evidence necessary to support his/her claims or defenses. In instances where relevant evidence is in the custody of another student or named employee, the party who wishes to use the evidence may ask the panel to order that person to provide it to the panel prior to the hearing. The panel shall have the authority to order any University employee or student to appear and/or produce evidence. No University employee employed by the Campus Police shall be required to appear and/or produce evidence if doing so is not permitted by law or recognized public policy. The panel shall, where necessary, delete or obscure appropriate portions of evidence to protect the privacy of non-parties. The student and the named employee may be present at all times during the hearing. The hearing shall be closed to all persons except the student, the named employee, their respective representatives, the witness who is presently testifying, the coordinator, the student's support person, and the panel members. The hearing shall proceed only when all three panel members are present. The formal rules of evidence shall not govern grievance hearings. However, the rules set forth in this section are necessary to ensure that evidence offered at a hearing is appropriately received and considered. Prior to the hearing, the coordinator shall give to each panel member a copy of the named employee's response to the grievance and any relevant findings made in another investigation process. Unless the panel deems it necessary to accommodate the schedules of witnesses, the panel shall receive all other evidence in the following order:
However, panel members may ask questions of any witness. A student or named employee may, at the conclusion of a witness' testimony, request that the panel ask other questions of the witness. The panel may honor or disregard such requests. To expedite a hearing, the student and named employee may agree to the existence of any fact. Where possible such agreements should be entered onto the record at the beginning of the hearing. The panel shall consider proven all facts for which there are such agreements. Either party may object to evidence at the time it is introduced on the ground that it is impermissible under the grievance procedure. The panel shall rule on all objections. The panel may record the hearing. Such recording shall exist solely for use by the panel while making its findings of fact and recommendations, and shall be used for no other purpose. Recordings will be destroyed five years after the conclusion of the hearing.
Decision of the President's DesigneeWithin ten business days after the hearing concludes, the panel shall deliberate and make findings of fact in writing. The panel shall convey its findings and any recommendations for remedial action in writing to the President's Designee. The findings shall summarize the testimony of each witness, identify each piece of physical evidence presented during the hearing, and describe how the panel made its findings. Copies of all documents placed in evidence shall be included. In making its findings, the panel shall defer to and adopt any relevant findings made in an earlier investigation process, unless the evidence presented at the hearing clearly compels a different finding. Within five business days of receiving the panel's findings and recommendations, the President's Designee shall issue a written decision. The decision shall state whether each finding has been accepted or rejected. The President's Designee shall accept each finding made by the panel unless he/she concludes that no evidence was presented that, if true, would support a finding. The President's Designee may adopt, reject, or modify any recommendation by the panel. The President's Designee shall address his/her decision to the student, with copies to be sent to the named employee, the coordinator, and the appropriate administrator. Absent a timely appeal, the President's Designee's decision shall be final.
Appeal ProceduresThe student or named employee may appeal the President's Designee's decision. The student or named employee must deliver a written appeal to the President within ten business days of the receipt of the President's Designee's decision. Appeals may be taken only for the following reasons:
Appeals based on bias must state facts that, if true, indicate bias. The President may make inquiries of any person he/she believes has information relevant to the appeal, and shall issue a written decision rejecting or accepting the appeal within fifteen business days of receipt of the appeal. The President's decision shall be addressed to the appealing party, with copies to be sent to the other party, the coordinator, and the appropriate administrator. If the President rejects an appeal, the President's Designee's decision is final. If the President concludes that the appeal is meritorious, he/she shall refer the matter back to the level at which the error occurred, with corrective instructions. If a panel member was biased or in conflict, the instructions shall include an order to assign a new panel. The grievance shall proceed from the level to which it was referred.
General GuidelinesAny decision or action by a panel is, unless otherwise indicated, made by majority vote. If the date to take some action under this policy falls on a day that is not a business day, the action may be taken on the next following business day. The date on which an action is to take place may also be extended by the coordinator, the President's Designee, or the President, as deemed necessary to the fair consideration of a grievance. Except as necessary to process a grievance, the coordinator and the members of the committee shall maintain strict confidentiality as to all grievance matters and materials. No student or named employee, or witness should suffer adverse academic or employment consequences as a result of attendance at a grievance hearing, provided he/she has given prior notice of his/her anticipated absence from class or work to his/her instructor or supervisor. The coordinator shall certify, upon request by any person, the date(s) and time(s) during which that person participated in a grievance hearing. Supervisors and instructors are required to excuse any absence that is so certified, instructors shall permit a student to turn in work or take test at an alternate time if necessary to accommodate the student's appearance at the grievance hearing. All documents that are required to be sent to a student, or named employee are deemed received on the date that a document is personally delivered or faxed, or two days after it is placed in the mail. The President or President's Designee may consult any person in performing their duties and may delegate their duties to any management employee who is not the subject of the grievance. The student or named employee may have a support person present at all levels of review, including the grievance hearing.
Organizations AffectedAll University departments.
Mon - Fri : 8:00am - 5:00pm
Sat : Closed 5154 State University Drive
Room 204, U-SU
Los Angeles, CA 90032
Mon - Fri : 8:00am - 5:00pm
Sat : Closed 5154 State University Drive
Room 204, U-SU
Los Angeles, CA 90032