COA 09-11 Catalog - Peralta Colleges

district policies and procedures217shall be based only on the record of the hearing, and noton matter outside of that record. The record consists ofthe original accusation, the written response, if any, ofthe student, and the oral and written evidence producedat the hearing.President’s (or designee’s) Decision:Long-term suspension. Within 5 days following receiptof the hearing panel’s recommendation, the President(or designee) shall render a final written decision basedon the recommendations of the hearing panel and theVice President of Student Services (or designee). If thePresident (or designee) modifies or rejects the hearingpanel’s recommendation, the President shall review therecord of the hearing, and shall prepare a written decisionthat contains specific factual findings and conclusions. Thedecision of the President (or designee) shall be final.Expulsion. Within 5 days following receipt of the hearingpanel’s recommendation, the President (or designee)shall render a written decision either to recommendexpulsion or to impose a lesser form of discipline. If thePresident (or designee) modifies or rejects the hearingpanel’s decision, he or she shall review the record of thehearing, and shall prepare a written decision that containsspecific factual findings and conclusions. If the President(or designee) decides to recommend expulsion, suchrecommendation shall be forwarded to the Chancellorand Board of Trustees.Chancellor’s Decision:A student may, within 10 days of the President’s decision toimpose long-term suspension or to recommend expulsion,appeal the decision in writing to the Chancellor. For longtermsuspensions, the Chancellor (or designee) shall issuea written decision to the parties and the representativeswithin ten days of the receipt of the President’s decision.For expulsions, the Chancellor shall forward thePresident’s recommendation to the Board of Trusteeswithin 10 days and provide an independent opinion asto whether he or she also recommends expulsion.Board of Trustees’ Decision:The Chancellor’s (or designee’s) decision regarding longtermsuspension may be appealed to the Board of Trusteeswithin 10 days of receipt of the Chancellor’s decision.The Board of Trustees shall consider any recommendationfrom the President for expulsion at the next regularlyscheduled meeting of the Board after receipt of therecommended decision.The Board shall consider an expulsion recommendation inclosed session, unless the student has requested that thematter be considered in a public meeting in accordancewith these procedures. (Education Code Section 72122)The student shall receive written notice at least threedays prior to the meeting of the date, time, and place ofthe Board’s meeting.The student may, within 48 hours after receipt of the notice,request that the hearing be held as a public meeting.Even if a student has requested that the Board consider anexpulsion recommendation in a public meeting, the Boardwill hold any discussion that might be in conflict withthe right to privacy of any student other than the studentrequesting the public meeting in closed session.The Board may accept, modify or reject the findings,decisions and recommendations of the President (ordesignee) and Chancellor (or designee). If the Boardmodifies or rejects the decision, the Board shall review therecord of the hearing, and shall prepare a written decisionthat contains specific factual findings and conclusions.The decision of the Board shall be final.The final action of the Board on the expulsion shall betaken at a public meeting, and the result of the action shallbe a public record of the District.Time Limits:Any times specified in these procedures may be shortenedor lengthened if there is mutual concurrence by allparties.Student Grievance:Students who believe that they have been improperlysubjected to any of the disciplinary measures stated inthis policy may file a Student Grievance with the VicePresident of Student Services in accordance with BoardPolicy 4.43.IV. Academic Accommodations Policyand ProceduresA. Academic Accommodations Policy for Studentswith DisabilitiesThe Peralta Community College District, as a group ofpublic institutions of higher education and vocationaltraining, commits itself to a policy of equal opportunityand nondiscrimination for students with disabilities.It is the policy of the District to accommodate requestsinvolving academic adjustments consistent with local,state, and federal laws and regulations.In the case of a dispute involving the student’s requestfor academic accommodations or a student’s inquiryregarding the District’s compliance with applicable lawsand regulations, the Vice President of Student Servicesreviews the case and makes an interim decision pendingresolution through the grievance procedure BoardPolicy 4.43. The finding of the grievance committee may