4F8 Student Conduct (Revised December 13, 2001)—Since public education is furnished by the people, it is a privilege. The Board of Trustees of the Kern Community College District, in support of public education and the exercise of general supervision of the campuses, requires that student conduct must reflect the standards of appropriate behavior as defined in pursuant sections. (Education Code Section 76037)
4F8A Students shall respect constituted authority. This shall include conformance to Federal and State laws, Board regulations, College regulations, and applicable provisions of civil law.
4F8B The District expects students to conduct themselves in a manner consistent with the educational purposes of the College. Student conduct should reflect consideration for the rights of others, and students are expected to cooperate with all members of the College community. (For specific guidelines regarding conduct, see Policy 4F8D of this Manual.)
4F8C College personnel are responsible for communicating appropriate student conduct and for reporting any violations thereof, and the College President or designee shall have the right to administer suitable and proper corrective measures for misconduct.
4F8D The Board of Trustees, the College President or designee may suspend a student for good cause or when the presence of the student causes a continuing danger to the physical safety of the student or others. The Board of Trustees may exclude from attendance in regular classes any student whose physical or mental disability is such as to cause his or her attendance to be inimical to the welfare of other students. (Education Code Sections 76020 and 76030)
As used in this section, good cause includes, but is not limited to, the following offenses that may result in the imposition of sanction(s):
15. The use, sale, possession, or being under the influence of alcohol or any other controlled substance prohibited by law, on campus or at any function sponsored or supervised by the College.
Failure to abide by the Student Code of Conduct will result in one or more of the sanctions listed below.
4F8E Sanctions
In accordance with the provisions of Education Code Sections 76031 and 76037, the Board of Trustees provides for the following sanctions for violations of the Code of Student Conduct, and more than one (1) of the sanctions listed below may be imposed for any single violation:
1. WARNING: Verbal notification of the student by a faculty member or administrator that continuation of the conduct may be cause for further disciplinary action;
2. CENSURE: A written reprimand or warning to the student by a faculty member or administrator; written referral of the student to a College office or community agency for counseling or rehabilitative treatment;
3. PROBATION: Prohibition of the student by the Administration from participating in designated privileges of College activities for a period of up to one (1) semester or other stipulated requirements to conform to specified standards or conduct;
4. RESTITUTION: Reimbursement to the College, as directed by the Administration, for repair or replacement of District property misused, misappropriated, or damaged by the student;
5. TEMPORARY REMOVAL: A faculty member may remove a student from his or her class for the day of the removal and the next class meeting. The faculty member shall immediately report the removal to the College President or designee for appropriate action. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the faculty member of the class. (Education Code Section 76032). During the period of removal, a student shall not be returned to the class from which he/she was removed without the concurrence of the faculty member of the class. (Education Code Sections 76031 and 76032);
6. SUSPENSION: Exclusion from any or all classes and activities of the College and from use of any District facilities. The College President or designee may suspend a student for good cause as follows:
a. From one (1) or more classes for a period of up to ten (10) days of instruction.
b. From one (1) or more classes for the remainder of the school term.
c. From all classes and activities of the College for one (1) or more terms. In all cases of suspension, the student shall receive official notice from the College President or designee.
No student shall be suspended unless the conduct for which he/she is to be disciplined is related to College activity or campus attendance. Suspension can be accomplished by student conduct hearing panel, mutual consent or with written notification by the student waiving the right to a hearing. Suspensions can be effective immediately or deferred.
7. EXPULSION: Termination of the student status by the Board of Trustees on the recommendation of the Chancellor. No student shall be expelled unless the conduct for which he/she is to be disciplined is related to College activity or campus attendance. Expulsion of any student from the District shall be accompanied by a prompt hearing. The expulsion may be for a specified or unspecified time and shall be from all Colleges, programs, and activities of the District. In expulsion for an unspecified time, the student may, after a reasonable time, request the College President to remove the expulsion. If the College President approves the request, he/she shall make that recommendation to the Chancellor or designee who may recommend to the Board that the expulsion be removed.
Sanctions are administered consistent with the KCCD progressive discipline process and in consideration of the context of the violation. While violations are approached consistently, inherent in the process is a recognition that there may be mitigating or aggravating circumstances that affect the level of imposed sanction. Depending on circumstances, a consultative process is employed when determining an imposed sanction. Sanctions of a more serious nature, such as suspension and expulsion are accompanied by a hearing panel process and the recommendation of the college president. The purpose of imposed sanctions is to support the college’s commitment to a safe and positive learning environment.
4G Drug and Alcohol Screening for Students in Allied Health Programs (Added November 19, 1992)
4G1 As a condition of admission to any Allied Health Program, with a clinical component, in the Kern Community College District, all students are required to submit to and pass a designated drug and alcohol screen.
4G2 If the Kern Community College District has a contractual arrangement with an outside organization and the outside organization requires drug screening of Allied Health Program students in that contractual program, these students must submit to and pass a drug screen.
4G3 All Allied Health Program students must sign a statement that they agree to immediate monitored drug and alcohol testing at College expense upon request of a program instructor and/or the director of the program at any time while a student is in the program. Drug and alcohol screening shall be requested whenever there is reasonable suspicion that a student is under the influence of alcohol or drugs.
4G3A Students with verified positive test results for alcohol, any illegal drug, or the abuse of prescribed or over-the-counter medication or mind altering substances will be dropped from the program. Readmission will be contingent upon satisfactory completion of an approved rehabilitation program.
4G3B If a student who has been readmitted after successfully completing a rehabilitation program fails a subsequent drug or alcohol test, the student will be dropped from the program and will be disqualified for readmission.
4G3C All information regarding drug and alcohol testing and resulting rehabilitation will be kept confidential and will be maintained in a file separate from the students' regular file in the office of the director of the program.
Federal
Federal law provides criminal and civil penalties for unlawful possession or distribution of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations includes, but is not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts, and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans or grants).
State
California law prohibits furnishing and selling alcoholic beverages to underage (younger than 21) or obviously intoxicated individuals. Underage persons may not buy alcoholic beverages or possess them on campus, in public, or in place open to public view. The penalties for violations of these laws may include substantial fines and jail. Alcohol may not be sold without a license or permit. State law also prohibits driving a motor vehicle under the influence (a blood alcohol level of .08 percent or higher creates a presumption of intoxication, but can be charged with lower blood alcohol levels); drinking or possessing an open container of alcohol while driving; and operating a bicycle while intoxicated. Drunk driving penalties include jail or prison, fines of $1,000 or more, driver’s license suspension or revocation, and required drug/alcohol treatment programs. Refusing to submit to a test for blood alcohol can result in suspension of driver’s license for up to 3 year. Sale or possession for sale of controlled substances such as cocaine, methamphetamines, heroin, Ecstasy, GHB, Ketamine, LSD, PCP, marijuana, and “designer drugs” is a felony with terms of 7 years or more; manufacture results in terms of 20 years or more; possession alone is punishable by up to 7 years I prison. Property used in drug transactions can be seized.
Local
Ridgecrest city ordinance specifies that “No person shall possess an alcoholic beverage in a public park owned or operated by the City” (Ord. No. 89-20, § 7; Ord. No. 90-01, § 7).
