The Board shall evaluate the Chancellor annually using the mutually agreed upon process described in the Chancellor’s contract. The evaluation shall assess the Chancellor’s performance based on Board policy, the Chancellor’s job description, and the performance goals and objectives developed annually between the Chancellor and Board.

See Board Policy 2435 Evaluation of Chancellor

Approved by Chancellor’s Advisory Council 10/18/13

The Chancellor may delegate any powers and duties entrusted to him/her/them by the Board of Trustees (including the administration of colleges and centers) but will be specifically responsible to the Board for the execution of such delegated powers and duties.

The Chancellor shall be responsible for reasonable interpretation of board policy. In situations where there is no board policy direction, the Chancellor shall have the power to act, but such decisions shall be subject to review by the Board. It is the duty of the Chancellor to inform the Board of such action and to recommend written board policy if one is required.

The Chancellor is expected to perform the duties contained in the Chancellor’s job description and fulfill other responsibilities as may be determined in annual goal-setting or evaluation sessions.

The Chancellor shall ensure that all relevant laws and regulations are complied with, and that required reports are submitted in timely fashion.

The Chancellor delegates full responsibility and authority to the College Presidents to implement and administer delegated policies without interference and holds College Presidents accountable for the operation of the Colleges.

See Board Policy 2430 Delegation of Authority to Chancellor

Approved by Chancellor’s Advisory Council 3/21/25

Rationale for Updates to Board Policies and Administrative Procedures

Board Policies and Administrative Procedures are proposed, revised, or edited to comply with changes for a variety of reasons including changes to state and federal laws and regulations, updates from CCLC, ASCCC resolutions, or to reflect current or best practices from councils, committees or bargaining units across the District. A regular review of policies and procedures is required to:

• Ensure the district is complying with the most current laws, regulations and/or accreditation standards
• Articulate a new or updated policy or procedure that has districtwide application

In determining the need for a new policy or procedure, or an update to an existing one, the following questions are considered:

1. Must this issue be addressed to ensure compliance with applicable laws, regulations, or accreditation standards?
2. Would the inclusion or update of the BP or AP contribute to greater effectiveness in fulfilling the mission of the District?
3. Does the policy or procedure have districtwide application, with an anticipated longevity as to not require frequent updates?
   ​​​​

If the proposed new or updated policy or procedure does not meet the above criteria, it may be best addressed in operational manuals, division or departmental guidelines, or other local, campus or district communications.

Process for Updates to BPs and APs

It is important to follow a systematic shared governance review process for policy and procedure revisions to ensure accuracy and broad institutional dialogue as the basis for inclusion of stakeholder input and efforts at building consensus. The revision process assumes appropriate review and discussion by designated groups and departments across the District whose work is affected by changes to policies and procedures. These groups may include the academic senates, the classified senates, the associated students, the employee bargaining units, and the appropriate councils and committees whose purpose and function determine their participation given the particular issues under discussion.

It is equally important to follow a succinct and time-sensitive review process to meet legal and regulatory mandates and accreditation standards, ensure consistent and appropriate operations across the District, and reduce workload inefficiencies. All involved stakeholders in the policy and procedure review process are asked to prioritize requested BP and AP reviews, and immediately communicate and provide a plan to address any anticipated barriers that may hinder timely review.

Technical revisions (e.g. changes to legal references, website links, and titles) to BPs and APs are not subject to the review process and shall be sent directly to the chancellor for implementation. Technical revisions will be shared with the Chancellor’s Advisory Council for information.

1) Initiating the creation of a new BP/AP or updating an existing one

a) External Initiation

The District subscribes to the Community College League of California’s Policy and Procedure Service. The service provides legally vetted board policy and administrative procedure templates that comply with state and federal statutes and regulations as well as accreditation standards. The language and numbering of the district’s policies and procedures mirrors the CCLC templates to the greatest extent possible to ensure legal compliance and minimize tracking and legal vetting of policies and procedures unique to the district.

Upon receipt of biannual updates from the CCLC, the Chancellor will bring recommended new and revised policies and procedures to the Chancellor’s Executive Team for review. The Executive Leadership Team will consider which updates require action, and assign each to the appropriate Executive Leadership Team member(s) for further action. The Chancellor will share the list of assigned Board Policies and Administrative Procedures and the designated Executive Leadership Team member with the members of CAC.

b) Internal initiation by employee or constituent groups

A member of the Chancellor's Executive Leadership Team may initiate the process to update or create a policy or procedure should it fall in the purview of their organizational area, and follow the process described in the next section. Members of any constituent group may also submit a request to create a new policy or procedure or revise a current policy or procedure through their representative on the Chancellor’s Advisory Council, who will then submit a request to the Chancellor. Rationale and justification for the change meeting the criteria for inclusion (see above under the section on “Rationale”) needs to be specified with the request, along with proposed draft language for the policy or procedure. The Chancellor’s Office will bring the requested update to the Chancellor’s Executive Leadership Team for initial review and assignment to the appropriate Executive Leadership team member to sponsor through the shared governance process.

2) Preparing and tasking the review of the draft BPs/APs

The Executive Leadership Team member assigned to review a particular policy or procedure will prepare a draft based on CCLC guidance and/or language proposed in the internal request. New BPs and APs will be assigned an appropriate number that corresponds with the numbering system used by the CCLC in consultation with the Chancellor’s Office. Drafts of changes to existing policies and procedures will bold and underline all newly proposed language, clearly indicating in the draft what is legally required versus recommended. Language that is to be eliminated from existing policies and procedures will be represented by strikethrough. The Chancellor's Office will assist, if needed, with preparation of the revisisions into the district's standard policy and procedure format. The drafts will be distributed for review to constituent representatives as appropriate.

The Executive Leadership Team shall task the appropriate shared governance body with the initial review of the new or revised BP/AP as follows:

a) If any part of the BP/AP involves an academic and professional matter, commonly referred to as “the 10+1,” then the Academic and Professional Matters committee (APM) will be tasked with the initial review.

b) If the BP/AP does not explicitly reference an academic and professional matter, then the BP/AP will be tasked to the Chancellor’s Advisory Council (CAC) or directly to one of the established CAC Subcommittees: The District Budget Advisory Committee (DBAC), The District Diversity and Equity Advisory Committee (DDEAC), The Energy and Sustainability Advisory Committee (ESAC), The Educational Technology Advisory Committee (ETAC), The Human Resources Advisory Committee (HRAC), or the Police Chief's Advisory Committee (PCAC).

c) If any part of the proposed change could involve a collective bargaining issue, the recommendation will be referred to the appropriate employee bargaining unit(s), with a notification to the collective bargaining representative(s) and the designated governance council/committee chair to reach an agreement as to the process and timeline for review and/or negotiation, if requested by the bargaining unit(s). It is expected that collective bargaining units identify areas of concerns and points of interest for possible negotiation to be addressed within an appropriate and mutually agreed upon timeframe so the review and approval process can be concluded in a reasonable period of time.

d) If the new/revised BP/AP is in response to an emergency or crisis-situation, the Chancellor or designee may take appropriate action to address the most immediate needs of the situation. The Chancellor or designee will consult with affected stakeholders whenever possible and will follow up once the crisis of emergency has passed to bring the policy and/or procedure through the governance process outlined in this procedure.

3) The draft review

a) APM Review – only applicable for BPs and APs involving academic and professional matters

First reading: The district academic senate president (co-chair of APM) will present the proposed new or revised BP/AP to the committee for an initial discussion. If deemed necessary, and agreed upon at APM, a temporary workgroup shall be convened to work on revising the draft. APM will agree on the desired membership, leadership and appointment process of the temporary workgroup, and establish target deadlines for returning to APM with a completed draft. Upon completion of the draft by the workgroup, or if APM does not deem a workgroup necessary, APM will task the college academic senate presidents and relevant administrative leads at the colleges with review of the draft BP/AP. Any comments received from the senates or administrative teams will be provided to the district academic senate president by an agreed-upon deadline.

Second reading: The district academic senate president will incorporate any requested edits into a revised draft for a second reading at APM. Should recommendations and feedback received be substantial, the policy or procedure may be returned for an additional reading. Approval will be sought by the committee based on guidelines established in board policy for primary reliance on academic senates versus mutual agreement on academic and professional matters. Once approved, the Chancellor will share the BP/AP with CAC.

b) CAC Subcommittee Review – for BPs and APs that fall within subcommittee purview and do not involve academic and professional matters

First reading: The designated committee chair will bring the proposed new or revised BP or AP to the subcommittee for review of the draft BP or AP. Subcommittee members are responsible for seeking out the input and guidance of their respective constituent groups and prior to consenting to approval of the draft BP/AP. Feedback should be shared timely with the committee chair. Subcommittee members should strive to provide feedback that is specific and actionable, proposing draft language when appropriate.

Second reading: The committee chair will incorporate recommendations into the draft BP/AP for a second (or final) read, and then present the committee’s recommendation to the Chancellor for review at CAC.

c) CAC Review – for BPs and APs that do not involve academic and professional matters

First reading: The chancellor will present the proposed new or revised BP/AP to the CAC for an initial discussion. If the draft BP/AP has been forwarded to CAC from a subcommittee, the committee chair will present the recommendation. If the draft BP/AP has come directly to CAC and the group deems it necessary, a temporary workgroup shall be convened to work on revising the draft. The members will agree on the desired membership, leadership and appointment process of the temporary workgroup and establish target deadlines for returning to CAC with a completed draft. The chancellor shall consult appropriate constituent group leaders, if applicable, if additional constituent representatives are requested to be appointed to the temporary workgroup. Upon completion of the draft by the workgroup, or if CAC does not deem a workgroup necessary, or if the draft BP/AP has already been approved at a CAC subcommittee, the council members will be tasked with distributing the BP/AP to their constituent groups for review and comment. Recommendations from the subcommittee should be given strong consideration. Chancellor's Advisory Council members should strive to provide feedback that is specific and actionable, proposing draft language when appropriate. Any comments received by council members will be provided to the chancellor at least five days prior to the next scheduled council meeting.

Second reading: The chancellor will incorporate constituent group recommendations into the proposal for a second reading. After constituency consultation and collegial review at this meeting, the Chancellor’s Advisory Council will make a recommendation to the chancellor. Should recommendations and feedback received be substantial, the policy or procedure may be returned for an additional reading.

4) Implementation

New and revised APs involving academic and professional matters (see process for APM Review above) shall be *effective after approval by APM and review by CAC. All other new and revised AP’s shall be effective upon approval by CAC (see process for CAC Review above).

*All approved BPs and APs are considered effective pending legal review should the Chancellor request that to occur. If legal review identifies any substantive recommendations from legal review, then the BPs and APs should be taken back to APM or CAC for consideration of these recommendations.

New and revised board policies shall not be operable until approved by the Board of Trustees.

Once effective, the Chancellor shall be responsible for ensuring the newly approved BPs and APs are made public, and directing the appropriate organizational area(s) in the district to comply with implementation of these policies.

See Board Policy 2410 Policy and Administrative Procedure

Approved by the Chancellor’s Advisory Council 10/18/13

Revised 1/27/17

Revised 5/24/24

Audio recordings of governing board meetings made by the District are maintained in the Chancellor’s Office for at least 30 days following the recording. After 30 calendar days, the recordings may be destroyed. The recordings shall be made available to the public and news media in accordance with the California Public Records Act, Government Code Sections 7920.000 et seq.. Copies of recordings may be obtained through Chancellor’s Office upon written request and payment of a fee covering the direct costs of duplication.

See Board Policy 2310 Regular Meetings of the Board

See Board Policy 2320 Special and Emergency Meetings

See Administrative Procedure 2320 Special and Emergency Meetings

See Board Policy 2340 Board Meeting Agendas

See Board Policy 2345 Public Participation at Board Meetings

See Board Policy 2350 Speakers at Board Meetings

See Board Policy 2355 Decorum at Board Meetings

See Board Policy 2360 Minutes

See Board Policy 2365 Recording

See Board Policy 3300 Public Records

See Administrative Procedure 3300 Public Records

Approved 10/18/13

Revised 5/22/26

The Chancellor, in consultation with the Board President, shall direct the compilation of each Board of Trustees meeting agenda. Items to be considered for inclusion on the agenda may be submitted to the Chancellor through the vice chancellors and college presidents for Chancellor’s Cabinet review. In accordance with board policy, members of the public may request that a matter within the jurisdiction of the board be placed on the agenda of a regular meeting.

Each meeting agenda shall set forth the location and time of the meeting and shall briefly describe each business item to be transacted or discussed, including items to be discussed in closed session. The agenda shall provide members of the public the opportunity to address the Board on any agenda item before or during the Board’s consideration of the item. Each regular meeting agenda shall also provide members of the public an opportunity to comment on matters not on the agenda, but within the subject matter jurisdiction of the Board.

In order to promote efficient meetings, the Board may act upon more than one item by a single vote through the use of a consent agenda. Consent items shall be items of a routine nature or items for which no Board discussion is anticipated and for which the Chancellor recommends approval. In accordance with law, the public has a right to comment on any consent item. At the request of any member of the Board, any item on the consent agenda shall be removed and given individual consideration for action as a regular agenda item.

At least 72 hours prior to each regular meeting and 24 hours prior to a special meeting, the meeting agenda shall be posted in a location freely accessible to members of the public and on the internet at the following link: http://www.boarddocs.com/ca/fhda/Board.nsf/Public. Upon request to the Chancellor’s Office, agendas and supporting documents shall be distributed via website link to members of the public. The agenda and documents in the agenda packet shall be made available in appropriate alternate formats to persons with a disability upon request. A request for mailed copies of agendas or agenda packets may be made in writing to the Chancellor’s Office. The request will be valid for the calendar year in which it is filed and must be renewed following January 1 of each year. The governing board may establish a reasonable fee for mailing the agenda or agenda packet.

See Board Policy 2310 Regular Meetings of the Board

See Board Policy 2320 Special and Emergency Meetings

See Administrative Procedure 2320 Special and Emergency Meetings

See Board Policy 2340 Board Meeting Agendas

See Board Policy 2345 Participation at Board Meetings

See Board Policy 2350 Speakers at Board Meetings

See Board Policy 2355 Decorum at Board Meetings

See Board Policy 2360 Minutes

See Board Policy 2365 Recording

See Administrative Procedure 2365 Recording

See Board Policy 3300 Public Records

See Administrative Procedure 3300 Public Records

Approved 10/18/13

Revised 5/22/26

The Board of Trustees may use teleconferencing for the benefit of the public and the Board in connection with any meeting. If the Board elects to use teleconferencing, the Board must comply with all of the following:

• At least a quorum of Board members must participate from locations within the District boundaries, except as provided by law;
• The Board will identify all teleconference sites on the agenda;
• The Board will post the agenda at all teleconference sites;
• The agenda must provide an opportunity for members of the public to address the Board directly at each teleconference site;
• The Board members must vote by roll call; and
• The Board must conduct the teleconferenced meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the Board.

Meetings During States of Emergency
The Board may use teleconferencing without complying with the requirements above in either of the following circumstances:

• The Board holds a meeting during a proclaimed state of emergency or local emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees
  or
• The Board holds a meeting during a proclaimed state of emergency or local emergency and has determined, by majority vote that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

If a state of emergency or local emergency remains active, in order to continue to teleconference without complying with the location requirement described above, the Board must, not later than 45 days after teleconferencing for the first time pursuant to the above circumstances, and every 45 days thereafter, make the following findings by majority vote:

• The Board has reconsidered the circumstances of the state of emergency or local emergency, and
• The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person.
  

When conducting a teleconference meeting pursuant to this section, the Board may elect to use a two-way telephonic service without a live webcasting of the meeting.

Requirements for Individual Board Members Participating Remotely

The Board can use teleconferencing without posting agendas at all teleconference locations provided at least a quorum of the Board members participates in person at a single physical location within the boundaries of the District, and that location is identified on the agenda. Additionally, the Board must provide a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting as a means by which the public may remotely hear and visually observe the meeting and remotely address the Board.

A member of the Board must only participate in a meeting remotely if either:

• The member notifies the Board of the member’s need to participate remotely for just cause. “Just cause” means a childcare or caregiving need, a contagious illness, a physical or mental disability, immunocompromised child or family member, physical or family medical emergency, military service or travel on District business or for another state or local agency.
  or
• The Board takes action to allow the member to participate remotely.

The member must participate through both audio and visual technology.

A member may not participate remotely under the “just cause” provisions in more than:

• two meetings per calendar year, if the Board regularly meets once per month or less;
• five meetings per calendar year, if the Board regularly meets twice per month;
  or
• seven meetings per calendar year, if the Board regularly meets three or more times per month.

These teleconferencing requirements do not apply when a member with a disability participates remotely as a reasonable accommodation. A board member with a disability who participates remotely as a reasonable accommodation must (1) participate through both audio and visual technology, unless the member’s physical condition related to their disability results in a need to participate off camera and (2) disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with any of those individuals. Remote participation under this paragraph shall be treated as in-person attendance at the physical meeting location for all purposes.

The meeting minutes must list any member who participates in a teleconference meeting from a remote location and the specific provision of law that the member relied upon to permit their participation by teleconferencing.

Public Access Requirements When Board Is Teleconferencing Under Amended Teleconference Rules

The Board must provide at least one of the following as a means by which the public may remotely hear and visually observe the teleconferenced meeting, and remotely address the legislative body:

• a two-way audiovisual platform; or
• a two-way telephonic service and a live webcasting of the meeting.
  

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the Board must also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend by a call-in option, or an internet-based service option.

In the event of a disruption that prevents the Board from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the District’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the Board must take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored.

The Board must not require the public to submit comments in advance of the meeting and must provide an opportunity for the public to address the Board and offer comment in real time. An individual desiring to provide public comment through the use of an internet website, or other online platform not under the control of the Board that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.

If the Board provides a timed public comment period for each agenda item, it must not close the public comment period for the agenda item, or the opportunity to register to provide public comment until that timed public comment period has elapsed. If the Board does not provide a timed public comment period, but takes public comment separately on each agenda item, it must allow a reasonable amount of time per agenda item to allow members of the public the opportunity to provide public comment, including time for members of the public to register or otherwise be recognized for the purpose of providing public comment. If the Board provides a timed general public comment period that does not correspond to a specific agenda item, it must not close the public comment period or the opportunity to register until the timed general public comment period has elapsed.

Approved 10/24/25

Revised 5/22/26

Whenever a special meeting of the governing board is called, the Chancellor shall cause the call and notice to be posted at least 24 hours prior to the meeting in a location freely accessible to the public. The Chancellor shall also ensure that the following notices of the meeting are delivered either personally or by other means:

• Written notice to each member of the governing board, including student trustees.
• Written notice to each local newspaper of general circulation, and each radio or television station that has previously requested in writing to be provided notice of special meetings.

The written notice must be received at least 24 hours before the time of the meeting as set out in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted or discussed. The notice may be waived by members of the governing board in writing either prior to or at the time of the meeting.

Whenever an emergency meeting of the Governing Board is called, the Chancellor shall cause notice to be provided by telephone at least one hour prior to the meeting to each local newspaper of general circulation and each radio or television station that has requested notice of special meetings. If telephone services are not functioning, the Chancellor shall provide the newspapers, radio stations and television stations with information regarding the purpose of the meeting and any action taken at the meeting as soon after the meeting as possible

See Board Policy 2320 Special and Emergency Meetings

Approved by Chancellor’s Advisory Council 10/18/13

When the Board determines to fill the vacancy by appointment, the Chancellor shall assure that there is ample publicity to and information for prospective candidates. Publicity shall include posting in three public places in the District and publication in a newspaper of general circulation.

The posted notice of vacancy shall include directions regarding applications or nominations of legally qualified candidates. Persons applying or nominated must meet the qualifications required by law for members of the Board.

Persons applying for appointment to the Board shall receive a letter from the Chancellor containing application instructions and information about the District and the Board.

The Board shall request personal interviews with candidates. Interviews will be conducted in a public hearing scheduled for that purpose.

Each Board member will review all application letters and resumes with final selection made by a majority vote of the Board members at a public meeting called for that purpose.

Whenever a provisional appointment is made, the Board shall, within 10 days of the provisional appointment, post notices of both the actual vacancy or the filing of a deferred resignation and the provisional appointment in three public places in the District. It shall also publish a notice in a newspaper of general circulation.

The notice shall state the fact of the vacancy or resignation and the date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. It shall also contain the full name of the provisional appointee to the Board, the date of appointment, and a statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.

A provisional appointment confers all powers and duties of a governing board member upon the appointee immediately following his or her appointment.

A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for governing board members. An election shall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur.

See Board Policy 2110 Vacancies on the Board

Approved by Chancellor’s Advisory Council 10/18/13

1. Qualifications/Responsibilities/Privileges

1.1 Board Policy 2015 and Education Code Section 72023.5 provide for the inclusion of one or more students who are enrolled in five semester units (8 quarter units) and are in good academic standing throughout the term of office. In accordance with Board Policy, two student trustees, one from each college, shall be non‑voting members of the Board of Trustees with the right to make and second motions and receive compensation, as determined by the Board, for attendance at Board meetings. Neither Student Trustee may hold any other position in either student government during his/her term of office, except as ex-officio student trustee.

1.2 The Student Trustee shall be limited to two consecutive one‑year terms of office. In the event that a Student Trustee is appointed to complete another student’s term due to a vacancy, the appointment shall not count toward the two‑year limit if the appointment occurs on or after the start of the Winter Quarter.

1.3 Throughout the term of office (1^st week of June through the last week of May of the succeeding academic year) the Student Trustee shall:

• Maintain at least a 2.0 GPA throughout their term of office

• Be currently enrolled in a minimum of 8 units at the college for which they represent, except during the summer term

• Attend all public board meetings

• Attend Student Government meetings at least once a month but recommended twice a month

• Communicate on a regular basis with the College President and Chancellor

• Represent the Board of Trustees at meetings and social events outside of regular Board meetings (whenever possible)

The Student Trustee may not hold any other position in student government during his/her term of office.

1.4 The Student Trustee’s privileges are as follows:

• Casting an advisory vote

• The right to make and second motions

• Receive compensation as determined by elected Trustees

2. Applications

2.1 Applications for candidacy for the position of Student Trustee shall be available beginning the first week of the spring quarter. Applications will be available at the Activities Office at both colleges. Every effort should be made to ensure that the candidacy pool reflects the gender, ethnic, racial and other diversity of the campus.

2.2 The application shall include space for the entry of the applicant's name, address, telephone number, cumulative grade point average, student identification number, number of units completed, and number of units in which the applicant is currently enrolled. In addition, the application shall require the student to state the reason he or she wishes to be selected as the Student Trustee and the way in which the candidate believes he or she will be able to contribute to the deliberations of the Board of Trustees. The application may also require any other information so long as it is reasonably related to the task of selecting a highly qualified candidate for the position of Student Trustee.

2.3 Each student who is interested in the position shall file a fully completed application for the position no later than one week prior to the posted election date. The application shall be filed at the Activities Office of the respective college. Applications shall be checked for eligibility by the Director of Student Activities at each campus to ensure eligibility requirements are met.

3. Election Process/Procedures

3.1 Rules and regulations for conducting the Student Body Elections at each respective campus shall be used for election of the Student Trustee.

3.2 The district shall provide reimbursement per eligible candidate in accordance with each colleges’ ASB election code for the purpose of campaigning, to ensure that the candidate pool is representative of all socioeconomic levels. This will be on a reimbursement basis, not to exceed $200 per candidate, based on verified receipts for goods or services purchased.

3.3 The campus official making reimbursement decisions shall be guided by the financial need of the applicant and whether the campaign activities for which reimbursement is sought conformed to the applicable campus election code, but shall not consider the political views of the student requesting reimbursement.

4. Advertising

4.1 The election committee of each respective campus shall advertise the announcement in campus publications beginning the 1^st day of Spring Quarter. In addition, the committee shall consider dissemination of its announcement in the following ways:

• The posting of appropriate notices at places on each campus commonly frequented by students;

• The distribution of appropriate memoranda or bulletins to faculty members and student clubs with the request that they inform students of the selection committee's announcement;

• The broadcast of appropriate announcements over the De Anza Television and the Foothill Radio stations.

5. Recall by Trustees’ own student government

The student member may be recalled in an election conducted in the same manner as the election to office. An election will be called upon presentation to the Chancellor of a petition signed by at least 10% of the students enrolled at the time of filing the petition. No recall election will be held if the petition is received within 30 calendar days of a regularly scheduled election for student member.

6. Removal due to ineligibility:

Student trustees are subject to removal upon 10 days written notice from the Chancellor's office if any or all of the following exist:

a) Failure to maintain unit enrollment requirements, per Education Code section 72023.5(a) and Board Policy 2015.

b) Failure to maintain minimum standards of scholarship, per Education Code section 72023.5(a) and Board Policy 2015.

c) The Chancellor and/or Designee will conduct quarterly audits of the Student Trustee status to insure compliance with the Education code section cited above.

Such action shall be subject to ASB ratification at the next regularly scheduled meeting.

7. Vacancies

The office shall become vacant if the student member becomes ineligible for the office, resigns, is recalled, or dies. If the seat of a student member becomes vacant during his/her term, the governing board may authorize the officers of student body associations established pursuant to Education Code Section 76060 at each community college in the District to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board. The vacancy created shall be filled by an ASB nominee, in accordance with a process provided for in the associated student body constitution and bylaws for the filing of vacant appointed positions, in consultation with the chancellor.

See Board Policy 2015 Student Members

Revised 3/17/97, 4/22/02, 4/21/03

Endorsed by Chancellor’s Advisory Council 4/29/05

Revised 4/30/07, 7/15/08

Revised by Chancellor’s executive staff 4/28/09

Revised and renumbered 10/18/13 (formerly AP 9110.1)

Revised 03/20/15

Incompatible Activities (Government Code Sections 1126 and 1099)
Board members and employees shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to the Board member’s duties as an officer of the District. A Board member shall not simultaneously hold two public offices that are incompatible. When two offices are incompatible, a Board member shall be deemed to have forfeited the first office upon acceding to the second.

Financial Interest (Government Code Sections 1090 et seq.)
Board members and employees shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as members of the Board or as employees.

A Board member shall not be considered to be financially interested in a contract if his/her/their interest meets the definitions contained in applicable law (Government Code Section 1091.5).

A Board member shall not be deemed to be financially interested in a contract if he/she/they has only a remote interest in the contract and if the remote interest is disclosed during a Board meeting and noted in the official board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other member of the Board to enter into the contract. Remote interests are specified in Government Code Section 1091 subdivision (b); they include, but are not limited to, the interest of a parent in the earnings of his/her/their minor child.

No Employment Allowed (Education Code Section 72103 subdivision (b))
An employee of the District may not be sworn in as an elected or appointed member of the Governing Board unless and until he/she/they resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. This provision does not apply to an individual who is usually employed in an occupation other than teaching and who also is, at the time or election to the Board, employed part time by the District to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation. (Education Code Section 72103 subdivision (b)).

Outside Employment

An employee shall not engage in any outside employment or self-employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with or inimical to his/her/their District duties, functions, responsibilities, or that of the department in which they are employed by the District.

Financial Interest in a Decision (Government Code Sections 87100 et seq.)
If a Board member or employee determines that he/she/they has a financial interest in a decision, as described in Government Code Section 87103, this determination shall be disclosed and made part of the Board’s official minutes. In the case of an employee, this announcement shall be made in writing and submitted to the Board. A Board member, upon identifying a conflict of interest, or a potential conflict of interest, shall do all of the following prior to consideration of the matter.

• Publicly identify the financial interest in detail sufficient to be understood by the public;
• Recuse himself/herself/themself from discussing and voting on the matter;
• Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter is placed on the agenda reserved for uncontested matters. A Board member may, however, discuss the issue during the time the general public speaks on the issue.

Statements of Economic Interests (Government Code Sections 87200 et seq.)
Board members shall file statements of economic interests. Statements of economic interests shall include disclosure of any arrangement for prospective employment to the extent required by law.

Gifts (Government Code Section 89503)
Board members and any employees who manage public investments shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law.

Designated employees shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law if the employee would be required to report the receipt of income or gifts from that source on his/her/their statement of economic interests.

The above limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.

Gifts of travel and related lodging and subsistence shall be subject to the above limitations except as described in Government Code Section 89506.

A gift of travel does not include travel provided by the District for Board members and designated employees.

Board members and any employees who manage public investments shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering (Government Code Sections 89501 and 89502).

Designated employees shall not accept any honorarium that is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering, if the employee would be required to report the receipt of income or gifts from that source on his/her/their statement of economic interests. The term “honorarium” does not include:

• Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession unless the sole or predominant activity of the business, trade or profession is making speeches.
• Any honorarium that is not used and, within 30 days after receipt, is either returned to the donor or delivered to the District for donation into the general fund without being claimed as a deduction for income tax purposes.

Representation (Government Code Section 87406.3)
Elected officials and the Chancellor shall not, for a period of one-year after leaving their position, act as an agent or attorney for, or otherwise represent for compensation, any person appearing before that local government agency.

Contracts Supported by Federal Funds (2 Code of Federal Regulations Part 200.318 subdivision (c)(1))
No employee, Board member, or agent of the District may participate in the selection, award, or administration of a contract supported by a federal award if he/she/they has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, Board member, or agent, any member of his/her/their immediate family, his/her/their partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The Board members, employees, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Disciplinary action will be taken for violations of such standards by Board members, employees, or agents of the District.

Board Policy 2200 Board Philosophy, Mission and Roles and Responsibilities

See Board Policy 2710 Conflict of Interest
See Board Policy 2712 Conflict of Interest Code

See Board Policy 2715 Code of Ethics/Standards of Practice

See Board Policy 2716 Political Activity

See Board Policy 2717 Personal Use of District Resources

Approved 1/17/14

Revised 5/22/26

From time to time, the district receives tickets or passes to community facilities, events, shows, or performances for an entertainment, amusement, recreational or similar purpose. The District will distribute these tickets or passes when attendance at the event will further the District’s mission or will significantly contribute to the professional development of an employee or a member of the Board of Trustees.

The District will distribute the ticket or pass to the person who will benefit most directly or whose regular role in the District most directly relates to the facility, event, show or performance. If more than one person would benefit equally or their role relates equally to the facility, event, show, or performance, the District will select one person to receive the ticket or pass by lot or rotation. The person receiving a ticket or pass pursuant to this procedure may not transfer the ticket or pass to any other person.

When the District provides a ticket or pass to an official of the District, the ticket or pass is not subject to the provisions of the district’s conflict of interest procedure, so long as the official treats the ticket or pass as income consistent with applicable state and federal income tax laws and the District reports the distribution of the ticket or pass as income to the official and on its website as set forth below.

For each ticket or pass distributed, including those which the recipient treats the ticket or pass as income consistent with applicable state and federal income tax laws according to the paragraph above, the District will complete the California Fair Political Practices Commission (FPPC) Form 802. The District will post these completed forms on its website.

See Administrative Procedure 2710 Conflict of Interest

Approved by Chancellor’s Advisory Council 1/28/11
Revised 10/18/13

Purpose

The purpose of this procedure is to enhance the security of stored, transmitted, and distributed personal information that could be used to impersonate an individual and cause serious loss of privacy and/or financial damage.

In addition to this procedure, colleges and departments are urged to establish best practices that reduce the collection, distribution, and retention of personal data, which is not necessary to perform the educational and business needs of the institution.

Legal requirements and local policy require that District personnel take appropriate measures to protect personal information from inadvertent or illegal exposure to unauthorized individuals. Other legal requirements require that if certain personal information is inadvertently disclosed, the district / college must notify all individuals whose information was compromised. Refer to the table below for further details regarding legal, local policy and contractual requirements.

Legal and Local Requirements for Safeguarding Personal Information

*refer to Personal Information definitions below

**Civil Code 1798.29 requires “state agencies, businesses and persons conducting business in California” to notify affected persons in event of a breach. This section of code may not apply to California Community Colleges.

*** FERPA does require the college to make a record of all improper disclosures. It is up the college to decide if the situation warrants notification of the affected student(s).

DEFINITIONS

A. Chief Information Security Officer (CISO):

The role of Chief Information Security Officer is assigned to the Vice Chancellor of Educational Technology Services (ETS).

B. Card verification code:

A 3 or 4 digit number printed on the front or back of the payment card.

C. Computer-based information system:

Any computing system that is used in the acquisition, storage, manipulation, management, movement, control, display, transmission, or reception of data (including software, firmware, and hardware), which is used to provide services to persons other than the owner.

D. Computer-based information system manager (CBIS Manager):

An individual who maintains and manages an information system, server, or other technology device that stores or transmits data.

E. Computing system:

Any server, desktop, or laptop computer, or PDA that contains (or provides network access to) data files

F. Control records:

The records contained in a database, spreadsheet, or other electronic file that document system and application level access methods into those computer-based information systems containing personal information. Control records must contain the following for each computer-based information system:

• name of the computer-based information system
• physical location of computer-based information system
• name of the CBIS manager
• name of the data resource manager(s) who have responsibility for any data containing personal information on the computer-based information system
• description of logical access methods and security controls (user IDs, passwords, encryption keys, etc.) necessary to gain access to the computer-based information systems and its data or, the name of another employee (in addition to the CBIS manager) who has knowledge of logical access methods and security controls (e.g. who can gain access to the system and applications as a systems administrator)

G. Data Resource:

Data (information) that is stored on a computer-based information system

H. Data resource manager:

An individual who controls the use of and access to a data resource

I. Directory Information (FERPA definition):

Directory information is defined in Board Policy 5050 Disclosure of Student Records: Section II.

J. ETS Incident Response Team:

A team of designated ETS members who investigate and respond to security incidents

K. Lead Authority:

An administrator who has been delegated responsibility for oversight of data security at a college or Central Services. Each president will designate a person to act as the lead authority for their college. The Vice Chancellor of Technology is the lead authority for Central Services.

L. Payment Card Industry - Data Security Standards (PCI-DSS):

Industry developed data security standards that any organization of any size must adhere to in order to accept payment cards, and to store, process, and/or transmit cardholder data.

M. Personal Information:

Personal information for students is defined in Board Policy 5050 Disclosure of Student Records: Section III.

1. For employees, an individual's first and last name in combination with the:

• employee’s ID number

2. For all individuals, any payment card information (PCI) including

• Primary Account Number (PAN) along with any of the following:

o Cardholder name

o Expiration date

o Service code

o PIN

o PIN block used to authenticate cardholders and/or authorize payment card transactions.

o Magnetic strip data or chip data

o Card verification code

o Card verification value

N. Primary Account Number (PAN)

A primary account number is the 14 or 16 digit numeric code located on the face (front) of a credit or debit card; this code is also encrypted on the magnetic strip of the card or contained on a chip embedded in the card. This primary account number is used to identify an individual account holder.

O. Security Breach:

An incident when an individual’s unencrypted personal information has been (or is reasonably believed to have been) exposed to or acquired by an unauthorized person. (Good faith acquisition of personal information by an employee or agent for district / college purposes does not constitute a security breach, provided that the personal information is not further disclosed to unauthorized persons.) The theft of a computing system that contains or may contain personal information will be considered a potential security breach. Inadvertent access to personal information that occurs in the course of performing technical services on a computing system by an authorized technical staff member will not be considered a security breach.

RESPONSIBILITIES

A. The Chief Information Security Officer has responsibilities to ensure the following functions are completed:

• create, update and distribute security policies and procedures
• monitor, analyze and distribute security alerts as appropriate
• create, update and distribute security incident response and escalation procedures
• appoint Data Security Managers for each key area of stored data within the Banner ERP system
• administer user account and authentication system controls for the Banner ERP system

B. The Lead Authority has oversight responsibilities to:

• identify computer-based information systems under their jurisdiction that contain personal information or that provide to access to personal information
• ensure that data resource managers and CBIS managers perform their functions as specified in this document
• create a secure central repository to contain control records on computer-based information systems that contain personal information
• know where to rapidly locate contact information (email and postal addresses) for individuals of whom personal information is retained or transmitted. (Contact information on all students and employees is kept in the district’s administrative information system.)
• ensure that the incident response process delineated in these procedures is followed (if a security breach occurs on a computer-based information system or a data resource managed by an individual in his / her organization [college or Central Services]).
• rapidly notify affected individuals whose personal information may have been compromised as the result of a security breach of a computing system or actions of an employee under the jurisdiction of the lead authority as required by this procedure. Current law (as of April 2008) requires that notification be made in the most expedient time possible and without unreasonable delay. (Refer to CALIFORNIA CIVIL CODE 1798.29).

C. Managers whose employees process credit card information have responsibilities to:

• ensure that employees comply with this procedure (AP 3260) in its entirety for all card processing activities and related technologies
• give access to cardholder data only to those employees whose job requires them to have this access
• ensure that manual swipe transactions are to be conducted by authorized employees only
• conduct periodic assessments to ensure continued compliance to these policies and procedures, which may include review of records, systems and equipment.
• ensure records of these assessments are maintained as part of Foothill-De Anza Community College District’s compliance records

D. The CBIS Manager has responsibilities to:

• develop security measures, including District published best practices to reduce vulnerabilities of personal information contained in computer-based information systems within their jurisdiction including the use of appropriate encryption strategies for both transmission and storage of personal information
• create, retain and secure control records for computer-based information systems that contain personal information
• annually update control records as necessary including those kept in the central repository
• implement procedures and tools to monitor access to computer-based information systems that contain personal information and to indicate if unauthorized access occurs
• remove files containing personal information (using an industry standard secure data removal tool) from servers, which are identified to be salvaged or repurposed

E. The Data Resource Manager has responsibilities to:

• grant access to a data resource or data to individuals / positions on a “need to know” basis
• inform individuals who have access to the data resource (and any downstream users of distributed data) of their responsibilities to secure and protect personal information as well as to destroy it when no longer needed. Include applicable:

o district and college policies and procedures

o best practices

F. All Employees have responsibilities to:

• abide by the established procedures with regard to accessing and using personal information
• protect and secure personal information under their control using best practices as outlined in the publication: Information Security Best Practices which is available on the FHDA Website
• destroy data containing personal information when no longer needed
• See also: BP 3250 Computer and Network Use: Rights and Responsibilities / AP 3250 Procedures Regarding Misuse of Computer Information
• Comply with an employee’s duty to cooperate with any internal investigation associated with an incident / data breach.
• secure their own passwords and accounts.
• never share their passwords, PINs, or passphrases with anyone
• never use the same password for Foothill-De Anza Community College District accounts that are used for personal access.
• choose passwords that are difficult to guess.
• never insert passwords in email messages or other forms of electronic communication.
• never write passwords down, store online, or store in a .pda document without encryption.
• never reveal passwords over the phone, in questionnaires or in security forms.
• never talk about a password in front of others, nor hint at the format of a password.
• never use the ‘Remember Password' feature of applications (e.g., Eudora, Outlook, Internet Explorer, etc.).
• immediately report a suspected compromise of an account or password has been compromised to their manager and the CSO and change all system passwords.

G. Employees handling credit card information have responsibilities to:

• ensure that the debit and credit card information is kept safe and secure at all times during the transaction
• accurately enter the payment information into Point of Sale (POS) terminals
• secure student’s or customer’s payment cards so that cards are not left unattended or to be given to any other person other than an approved employee for processing the payment
• notify a manger immediately should problems arise with any credit card transaction
• do not copy credit card information by any means including, but not limited to, written copies, spreadsheets / electronic formats, PDAs, laptops, manual impressions, magnetic, photos, etc.
• sign an acknowledgement that they have read, understood and agree to the Foothill-De Anza Community College District Policies and Procedures for PCI DSS compliance
• attend annual training on the payment card policies and procedures to review and maintain knowledge of the requirements of the payment card policies and procedures
• ensure that sensitive authentication data such as the card verification code, personal identification number (PIN) and the full magnetic stripe data are not stored at any time
• store, if needed, only the last four digits of the payment card account number when manually entering any transaction into electronic databases
• never send PAN data by end user messaging technologies such as instant messaging, email, SMS texting. (Users within the Cashier’s Office are authorized to use hosted secure encrypted email and fax service, but must adhere to the Veritape Peepsafe Security Training Guidelines.)
• immediately notify their manager and the CISO if this policy has been violated.
• mask PAN data If necessary to display it. (Only the first six and last four digits of a PAN number can be displayed.)
• never allow unauthorized employees or contractors to store or view full PAN data

H. Other responsibilities:

• FHDA District Police will act as the point of contact between the district and external law enforcement agencies when external law enforcement agencies are involved
• ETS shall remove personal information (using an industry standard secure data removal tool) from desktop / laptop computers, which are designated to be salvaged or repurposed

o System hard drives may be destroyed as an alternate method of removing sensitive information

• The vice chancellor of Business Services will ensure that appropriate employees are trained annually on payment card policies and procedures and keep records of all employees who are trained for a minimum of five (5) years.
• The purchasing / contracting manager will require external organizations (vendor, etc.), whose contracts with the district provides them access to personal data, sensitive electronic systems, or sensitive facilities, undergo a Vendor Security Review, prior to entering any agreement.

o The purchasing / contracting manager must notify ETS in the event there are any material changes to the services, connectivity or type and content of data exchanged with the third party.

o ETS will make a determination as to whether the changes require the department to request that the vendor undergo a new Vendor Security Review.

INCIDENT RESPONSE PROCESS

Incidents / data breaches cover the unintended, improper or fraudulent use, storage or release of personal information. This can be as a result of an external hack into the system, introduction of malware, theft of equipment, intentional or unintentional fraudulent activities by any person (external or internal).

The incident response process consists of the following steps that must be implemented in the event that a security breach occurs:

A. Notify key persons

If a person suspects that a security breach has occurred on a computing system that contains or has network access to unencrypted personal information, the person identifying the incident must immediately contact the ETS Call Center (during work hours) or the district police (after work hours). If the security breach is reported after work hours have ended, then district police will notify the Vice Chancellor of Technology. The Vice Chancellor of Technology or designee will notify the appropriate Lead Authority.

B. Isolate the system

For Computer Based Information Systems:

The CBIS manager will disconnect the computing system from the campus network without modifying any settings, files, etc. on the computing system, and leave the system powered up.

For employee assigned desktop or laptop computers:

If the computer is turned on, the employee should immediately disconnect the computer from the network (by removing the network cable or disconnecting from a wireless connection). The computer should not be turned on or off or otherwise modified in any way.

For Stolen Computing Systems:

If a stolen computing system is recovered, the person gaining possession of the system will notify the Call Center, who will arrange for the system to be picked up. The computing system should not be turned on or otherwise modified in any way.

C. Analyze the breach

The ETS Incident Response Team, in cooperation with District Police (if involved) and the CBIS manager, will look for evidence of a security breach to assess the possibility that personal information has been compromised.

D. Report the incident

If the ETS Incident Response Team, in cooperation with District Police (if involved) and the CBIS manager, has sufficient reason to believe that personal information may have been acquired by or exposed to unauthorized individuals, the ETS Incident Response Team will submit written notification describing the nature of the security breach and estimated number of affected individuals to the:

• Chancellor
• President of the college (if applicable)
• Vice Chancellor of Technology (CISO)
• Lead authority
• District and college (as applicable) communication coordinators
• District Police

The CISO will notify the affected Credit Card Company within 24 hours if the incident involves the compromise of credit card information:

• Visa Fraud Control Group at (650) 432-2978
• MasterCard Compromised Account Team at (636) 722-4100
• Discover Fraud Prevention at (800) 347-3102
• American Express Merchant Services at (800) 528-5200

E. Restore and reconnect the system

The CBIS manager may repair and restore system functionality to the computing system when:

• The computing system is no longer needed for forensic analysis or police investigation and
• It has been cleaned of all known malware

The ETS Incident Response Team will work with the CBIS manager and District Police (if involved) to determine when the computing system can be reconnected to the campus network

• Special consideration for rapid restoration and reconnection will be given to computing systems that provide time sensitive functionality to support critical campus services

F. Notify individuals whose personal information has been compromised

1. Decide if notification is required and how notification will be made

The district / college communication coordinators (as appropriate), the Vice Chancellor of Technology, the lead authority and the district’s attorney will confer to determine whether or not the criteria for notification under California Civil Code 1798.29 and 1798.82 has been met and to determine which means of notification to use (e. g., email, postal mail, or website notice)

2. Personal information not involved

If information beyond the data elements defined herein as personal information is accessed by an unauthorized person, the appropriate district / college communications coordinator in coordination with the District’s attorney will determine what notification will be made to affected individuals.

3. Required information

If notification is required, the appropriate district / college communication coordinator shall notify affected individuals of the security breach and include the following information:

• The date(s) on which the personal information was (or could have been) acquired
• A description of the personal information, which was (or could have been) acquired
• The name of the department or unit responsible for the information and the relationship that the affected individual has (had) to the department (in such a way that the person receiving the notification will understand why that department or unit had their information)
• An indication of the likelihood that the personal information was acquired or used
• An email address and phone number of a suitable college or Central Services representative with sufficient knowledge of the incident to be able to handle questions from affected individuals
• A list of resources that affected individuals can use to check for potential misuse of their information

o This list should include the following flyer (either as a link or a hardcopy attachment): "What to Do If Your Personal Information is Compromised" (http://www.privacy.ca.gov/financial/sbfs021205.pdf), produced by the California Office of Privacy Protection

The appropriate district / college communications coordinator will also determine what additional advice or assistance will be given to the affected individuals.

4. Timeliness of notification

Notification must occur without unreasonable delay, except when a law enforcement agency has determined that notification will impede a criminal investigation. (In this case, notification must occur as soon as the law enforcement agency determines that it will not compromise the investigation).

5. Substitute method of notification

If sufficient contact information is not available for direct hard copy or e-mail notice for some affected individuals, a substitute method of notice may be used. The substitute notice should include a prominent display on the campus' Web site or other commonly used Web site for at least forty-five days.

6. Submit the After Notification Report

The district / college communication coordinator will provide a written report describing the number of individuals successfully notified, the number of individuals for unsuccessful notifications, and which methods were used for notification, along with any issues that have arisen as a result of the breach such as press coverage, complaints from affected individuals, etc. The report will be sent to the following individuals:

• Chancellor
• President of the college (if applicable)
• Vice Chancellor of Technology
• Lead authority
• District communication coordinators

REFERENCES

• Information on privacy laws applicable to California http://www.privacy.ca.gov/lawenforcement/laws.htm#twelve
• Important legislation governing the security of confidential information

o Health Insurance Portability and Accountability Act of 1996 (HIPAA) - 45 CFR Parts 160 and 164

o Family Educational Rights and Privacy Act of 1974 (FERPA) - 20 U.S. Code section 1232g

o Breach Notification Law: California Civil Code - 1798.29 (previously SB1386)

o Security of Personal Information: California Civil Code - 1798.85 (previously SB 25)

• Information Security Best Practices www.fhda.edu/security
• PCI-DSS Industry Standards https://www.pcisecuritystandards.org/security_standards/

See Board Policy 3260 Electronic Information Security

See Board Policy 3250 Computer and Network Use: Rights and Responsibilities

See Administrative Procedure 3250 Procedures Regarding Misuse of Computer Information

See Administrative Procedure 3410 Guidelines for Classification, Retention and Destruction of Records

See Board Policy 4150 Personnel Files

See Board Policy 5050 Disclosure of Student Records

Updated 12/1/11

Reviewed by Chancellor’s Advisory Council 11/28/08, 12/1/11

Revised by Chancellor’s Advisory Council 1/25/13

Introduction

The Foothill-De Anza Community College District encourages members of the District community to report Title IX sexual harassment. This procedure only applies to conduct defined as sexual harassment under Title IX and applicable federal regulations and that meets Title IX jurisdictional requirements. The District will respond to other forms of sexual harassment and sexual misconduct that falls outside that definition of Title IX Sexual Harassment and outside the jurisdiction of the Title IX federal regulations using California law and applicable District policies and procedures. In implementing these procedures discussed below, the District will also provide supportive measures, training, and resources in compliance with California law, unless they are preempted by the Title IX regulations.

Title IX Coordinator
Questions concerning Title IX may be referred to the District Title IX Coordinator whose contact information is below.

The District’s Title IX Coordinator is the Vice Chancellor, Human Resources & Equal Employment Opportunity and the Title IX Coordinator’s contact information is:
12345 El Monte Road, Building D700, Suite 220, Los Altos Hills, CA 94022
650.949.7958
rosedianna@fhda.edu

The Title IX Coordinator is required to respond to reports of Title IX sexual harassment or misconduct. The Title IX Coordinator will handle information received with the utmost discretion and will share information with others on a need-to-know basis. For example, the Title IX Coordinator may need to address public safety concerns on campus, comply with state and federal legal requirements, or share information to implement supportive measures.

A report of Title IX sexual harassment to the Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below. However, the Title IX Coordinator will make an assessment to determine if there is a safety risk to the campus. If the Title IX Coordinator finds there is a continued risk, the Title IX Coordinator will file the formal complaint without the Complainant's consent or cooperation.

Title IX Harassment Complaints, Investigations, and Hearings
These Title IX sexual harassment procedures and the related policy protect students, employees, applicants for employment, and applicants for admission.

The investigation and adjudication of alleged Title IX sexual harassment under this procedure is not an adversarial process between the Complainant, the Respondent, and the witnesses, but rather a process for the District to comply with its obligations under existing law. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.

Jurisdictional Requirements – Application of Procedures
These procedures apply if the conduct meets the following three jurisdictional requirements:

• The conduct took place in the United States.
• The conduct took place in a District “education program or activity.” This includes locations, events, or circumstances over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings the District owns or controls or student organizations officially recognized by the District own or control.
• The conduct meets the definition of “Title IX sexual harassment” as defined under AP 3433 (Prohibition of Sexual Harassment under Title IX).

Definitions

Advisor: Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice. If a Party does not have an Advisor at the time of the hearing, the District must provide the Party an Advisor of the District’s choice, free of charge. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Parties have the right to consult with an attorney, at their own expense, at any stage of the Complaint process if he/she/they wishes to do so. An attorney may serve as an advisor.

Complainant: A Complainant is an individual who alleges they are the victim of conduct that could constitute Title IX sexual harassment.

Consent: Consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. Both Parties must give affirmative consent to sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Lack of protest, lack of resistance, or silence does not indicate consent. Affirmative consent must be ongoing throughout a sexual activity and one can revoke their consent at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not an indicator of consent.

The Respondent’s belief that the Complainant consented will not provide a valid defense unless the belief was actual and reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident. A Respondent’s belief is not a valid defense where:

• The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
• The Respondent did not take reasonable steps to ascertain whether the Complainant affirmatively consented; or
• The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
  • asleep or unconscious;
  • unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; or
  • unable to communicate due to a mental or physical condition.

Decision-Maker: The person or panel who will oversee the live hearing and make a determination of responsibility. The Decision-Maker cannot be the Title IX Coordinator or the investigator.

Formal Complaint: A written complaint signed by the Complainant or Title IX Coordinator, alleging Title IX sexual harassment and requesting an investigation. If the Title IX Coordinator signs the formal complaint, they will not become a Party to the formal complaint.

Parties: As used in this procedure, this means the Complainant and Respondent.

Respondent: A Respondent is an individual reported to be the perpetrator of conduct that could constitute Title IX sexual harassment.

Title IX Sexual Harassment: Conduct that satisfies one or more of the following, on the basis of sex:

• A District employee conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;
• Sexual assault, including the following:
  • Rape. Sexual intercourse between two people, and may include oral or anal intercourse, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their temporary or permanent mental or physical incapacity.
  • Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent.
  • Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
• Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
• Domestic Violence. Violence committed:
  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or
  • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of California.
• Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.

Reporting Options

Any individual may report sexual harassment to the District’s Title IX Coordinator.

The District strongly encourages prompt reporting of Title IX sexual harassment. Prompt reporting allows for the collection and preservation of evidence, including physical evidence, digital media, and witness statements. A delay may limit the District’s ability to effectively investigate and respond.

Because individuals may be deterred from reporting incidents of Title IX sexual harassment if alcohol, drugs, or other violations of District or campus rules were involved, the District will inform individuals that the primary concern is for student and employee safety and that use of alcohol or drugs never makes a Complainant at fault for sexual harassment. An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

Individuals have the opportunity to decide whether they want to pursue a formal Title IX complaint. Reporting Title IX sexual harassment to the Title IX Coordinator does not automatically initiate an investigation under these procedures. A report allows the District to provide a wide variety of support and resources to impacted individuals and to prevent the reoccurrence of the conduct. A Complainant or the Title IX Coordinator filing a formal complaint will initiate an investigation.

If there are parallel criminal and Title IX investigations, the District will cooperate with the external law enforcement agency and will coordinate to ensure that the Title IX process does not hinder legal process or proceedings.

The District will document reports of Title IX sexual harassment in compliance with the Clery Act, a federal law requiring data collection of crime within the campus geography. Under the Clery Act, the District does not document personal information; the District reports the type of conduct, and the time, date, and location. (Also see BP/AP 3540 Sexual and Other Assaults on Campus and in Campus Programs.)

District Employees and Officials with Authority

The District has designated all employees as Officials with Authority. All district employees are required to and will promptly report suspected incidents of Title IX sexual harassment to the Title IX Coordinator in a timely manner, including reporting all relevant information they know about Title IX sexual harassment including the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident.

District Officials with Authority are not confidential resources and are required to report allegations of Title IX sexual harassment to the Title IX Coordinator promptly.

District employees in Student Health Services and the Mental Health and Wellness Center working under a license and working in their capacity under that license at the District are confidential employees and will not disclose confidential information, including allegations of sexual misconduct, to anyone without the Complainant’s express permission.

Intake and Processing of Report

Receipt of Report

After receiving a report of Title IX sexual harassment, the Title IX Coordinator or designee will contact the Complainant and reporting party to explain rights under this policy and procedure and invite the Complainant to an in-person meeting. The Title IX Coordinator will discuss supportive measures with the Parties.

Timeframe for Reporting

To promote timely and effective review, the District strongly encourages individuals to report Title IX sexual harassment as soon possible because a delay in reporting may affect the ability to collect relevant evidence and may affect remedies the District can offer.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed. The District will provide the Complainant and Respondent with written notice of options for, available assistance in, and how to request available supportive measures. The District will provide such measures to Complainant and Respondent as appropriate and as reasonably available to restore or preserve equal access to the District’s education program or activities. These measures are designed to protect the safety of all Parties, protect the District’s educational environment, or deter sexual harassment. The District will provide supportive measures on a confidential basis and will not disclose that the District is providing supportive measures except to those with a need to know to enable the District to provide the service. Supportive measures may include changes to academic, living, transportation, and working situation or protective measures such as counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

When requested by a Complainant or otherwise determined to be appropriate, the District shall issue a no-contact directive prohibiting the Respondent from contacting the Complainant during the pendency of the investigation. The District shall not issue a mutual no-contact directive automatically but instead shall consider the specific circumstances of each report of sexual harassment to determine whether a mutual no-contact directive is necessary or justifiable to protect a Party’s safety or well-being, or to respond to interference with an investigation. If the District issues any no-contact directive, the District shall provide the Parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action. If the District issues a mutual no-contact directive, the District shall also provide the Parties with a written justification for the directive.

Sexual Assault and Domestic Violence Counselors

For further information about services provided by sexual assault and domestic violence counselors on campus, see AP 3540 Sexual and Other Assaults on Campus and in Campus Programs.

Removal of Respondent Pending Final Determination

Upon receiving a report regarding Title IX sexual harassment, the Title IX Coordinator will make an immediate assessment concerning the health and safety of the Complainant and campus community as a whole. The District has the right to order emergency removal of a Respondent, or if the Respondent is an employee, place the employee on administrative leave.

Emergency Removal

The District may remove a non-employee Respondent from the District’s education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX sexual harassment justifies removal.

The District may not use emergency removal to address a Respondent’s threat of

obstructing the Title IX sexual harassment investigation or destroying relevant evidence. Emergency removal is only available to address health or safety risks against individuals arising out of sexual harassment allegations, not to address other forms of misconduct that a Respondent might commit pending the processing of a complaint.

The District’s Title IX Coordinator or designee will conduct the individualized safety and risk analysis.

If the Title IX Coordinator determines emergency removal is appropriate, he/she/they or designee will provide the person the District is removing from campus on an emergency basis with a notice and opportunity to attend a meeting and challenge the basis of his/her/their removal. The Title IX Coordinator or designee will determine whether the emergency removal from campus order is warranted after considering information provided by the Respondent challenging the emergency removal.

Administrative Leave

The District may place a non-student employee Respondent on administrative leave during the pendency of a grievance process described in the formal complaint process below. The District will follow any relevant policies, procedures, collective bargaining agreements, or state law in placing an employee on administrative leave.

Amnesty for Student Reports of Sexual Misconduct

A student Complainant or witness who participates in an investigation of Title IX sexual harassment will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic honesty.

Formal Complaint Grievance Process

Notice to Parties

Upon receipt of a formal complaint, the Title IX Coordinator will provide the following notice in writing, to the Parties:

• Notice of the District’s Title IX grievance process;
• Notice of the allegations of alleged Title IX sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• Statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Notice that the Parties may have Advisor of their choice, who may be, but is not required to be, an attorney;
• Notice that the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source;
• Inform the Parties of any provision in the District’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process; and
• For student Parties, notice regarding appropriate counseling resources the District has developed and maintains.

If, in the course of an investigation, the District decides to investigate allegations about the Complainant or Respondent that are not included in the notice provided above, the Title IX Coordinator will provide notice in writing of the additional allegations to the Parties.

Dismissal of Formal Complaint

The District must investigate the allegations in a formal complaint. However, the District must dismiss the formal complaint and will not process the complaint under these procedures if any of the following three circumstances exist:

• If the conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in this procedure;
• If the conduct alleged did not occur in the District’s education program or activity;
• If the conduct alleged did not occur against a person in the United States.

The District has discretion to dismiss a formal complaint or any allegation under the following circumstances:

• If at any time during the investigation or hearing: a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations;
• If the Respondent is no longer enrolled or employed by the District; or
• If there are specific circumstances that prevent the District from gathering evidence sufficient to reach a determination regarding responsibility as to the formal complaint or allegations.

If the District dismissed the formal complaint or any allegations, the Title IX Coordinator shall simultaneously provide the Parties with written notice of the dismissal and reason. The District will also notify the Parties of their right to appeal.

The District may commence proceedings under other policies and procedures after dismissing a formal complaint.

Consolidation of Formal Complaints

The District may, but is not required to, consolidate formal complaints as to allegations of Title IX sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Equitable Treatment of the Parties

The District’s determination of responsibility is a neutral, fact-finding process. The District will treat Complainants and Respondents equitably. The procedures will apply equally to both Parties. The District will not discipline a Respondent unless it determines the Respondent was responsible for Title IX sexual harassment at the conclusion of the grievance process.

Statement of Presumption of Non-Responsibility

The investigation is a neutral, fact-finding process. The District presumes all reports are in good faith. Further, the District presumes the Respondent is not responsible for the alleged conduct. The District makes its determination regarding responsibility at the conclusion of the grievance process.

Bias or Conflict of Interest

The District’s Title IX Coordinator, investigator, Decision-Maker, or any person designated by the District to facilitate an informal resolution process, will not have potential or actual bias or conflict of interest in the investigatory, hearing, sanctioning, or appeal process or bias for or against Complainants or Respondents generally. Actual bias is an articulated prejudice in favor of or against one Party or position; it is not generalized concern about the personal or professional backgrounds, positions, beliefs, or interests of the Decision-Maker in the process. The District will ensure that the Title IX Coordinator, investigator, Decision-Maker, and facilitator receive training on:

• The definition of Title IX sexual harassment in this procedure;
• The scope of the District’s education program or activity;
• How to conduct an investigation;
• The grievance process including conducting hearings, appeals, and informal resolution processes; and
• How to serve impartially, including avoiding: prejudgment of the facts at issue, conflicts of interest, and bias.

Timeline for Completion

The District will undertake its grievance process promptly and as swiftly as possible. The District will complete the investigation and its determination regarding responsibility or the informal resolution process within 120 calendar days.

When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 120 calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for District breaks or vacations, or due to the complexity of the investigation. The District will provide notice of this extension to the Complainant and Respondent in writing and include the reason for the delay and anticipated timing of completion.

A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested. The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping. The District shall grant a student Party’s reasonable request for an extension of a deadline related to a Complaint during periods of examinations or school closures.

Role of Advisor

The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process.

The Advisor may not testify in or obstruct an interview or disrupt the process. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.

A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination. The District must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination. If an Advisor fails to appear at the hearing, the District will provide an Advisor to appear on behalf of the non-appearing Advisor. To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.

Confidentiality Agreements

To protect the privacy of those involved, the Parties and Advisors are required to sign a confidentiality agreement prior to attending an interview or otherwise participating in the District’s grievance process. The confidentiality agreement restricts dissemination of any of the evidence subject to inspection and review or use of this evidence for any purpose unrelated to this procedure. The confidentiality agreement will not restrict the ability of either Party to discuss the allegations under investigation.

Use of Privileged Information

The District’s formal complaint procedure does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally-recognized privilege (e.g., attorney-client privilege, doctor-patient privilege, spousal privilege, etc.), unless the person holding the privilege provides voluntary, written consent to waive the privilege.

Student Complainant Requests for Confidentiality

If a student Complainant requests confidentiality when reporting Title IX sexual harassment, which could preclude a meaningful investigation or potential discipline of the Respondent, if found responsible, or that no investigation or disciplinary action be pursued to address alleged Title IX sexual harassment, the District shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the Complainant. The District shall normally grant the request when possible. In determining whether to disclose a Complainant’s identity or proceed to an investigation over the objection of the Complainant, the District may consider whether any of the following apply:

• There are multiple or prior reports of sexual misconduct against the Respondent;
• The Respondent reportedly used a weapon, physical restraints, or engaged in battery;
• The Respondent is a faculty or staff member with oversight of students;
• There is a power imbalance between the Complainant and Respondent;
• The Complainant believes that the Complainant will be less safe if the Complainant’s name is disclosed or an investigation is conducted; an
• The District is able to conduct a thorough investigation and obtain relevant evidence in the absence of the Complainant’s cooperation.

If the District determines that it can honor the student-Complainant’s request for confidentiality, it shall still take reasonable steps to respond to the Complaint, consistent with the request, to limit the effects of the alleged Title IX sexual harassment and prevent its recurrence without initiating an investigation or revealing the identity of the Complainant. The District shall also take immediate steps to provide for the safety of the Complainant while keeping the Complainant’s identity confidential as appropriate. The District shall notify the Complainant that the request for confidentiality will limit the steps the District will take to respond to the report of Title IX sexual harassment.

If the District determines that it must disclose the student-Complainant’s identity to the Respondent or proceed with a Formal Complaint, it shall inform the Complainant prior to making this disclosure or initiating the investigation. The District shall also take immediate steps to provide for the safety of the Complainant where appropriate. In the event the Complainant requests that the District inform the Respondent that the Complainant asked the District not to investigate or seek discipline, the District shall honor this request.

Investigations

The Title IX Coordinator is responsible to oversee investigations to ensure timely resolution and compliance with Title IX and this procedure.

Both Parties have the right to have an Advisor present at every meeting described in this section.

Trained Investigators

The District will investigate Title IX formal complaints fairly and objectively. Individuals serving as investigators under this procedure will have adequate training on what constitutes Title IX sexual harassment, how the District’s grievance procedures operate, and trauma-informed investigation techniques. The District will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence and complies with this procedure.

Gathering Evidence and Burden of Proof

The District, not the Parties, has the responsibility to gather information and interview witnesses. When the investigator evaluates the evidence, he/she/they will do so using the preponderance of the evidence standard. After considering all the evidence gathered, the investigator will decide whether it is more likely than not that reported conduct occurred.

Parties should be aware that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing, if a hearing is required under this procedure.

Evidence of Past Sexual History

An investigator or Decision-Maker shall not consider the past sexual history of the Complainant except in the limited circumstances described below:

• The investigator or Decision-Maker shall not consider the Complainant’s prior sexual history unless such questions or evidence is offered to prove that someone other than the Respondent committed the alleged conduct; or
• The investigator or Decision-Maker shall not consider the Complainant’s prior sexual behavior unless the questions or evidence concern specific incidents of the Complaint’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
  • Where the investigator or Decision-Maker allows consideration of questions or evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent pursuant to this circumstance, the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.

Before allowing the consideration of any evidence proffered pursuant to this section, the investigator or Decision-Maker shall provide a written explanation to the Parties as to why consideration of the evidence is consistent with this procedure.

Notice of Investigative Interview

The District will provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a Party whose participation is invited or expected, with sufficient time for the Party to prepare to participate.

Evidence Review

Both Parties have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source.

Prior to the investigator preparing an investigative report, the District will make available to each Party and the Party’s Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The Parties will have at least ten days to submit a written response. The investigator must consider this written response prior to completing the investigative report.

Investigative Report

The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the formal complaint;
• A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
• A summary of the testimony of each witness the investigator interviewed;
• An analysis of relevant evidence collected during the investigation, including a list of relevant documents;
• A table of contents if the report exceeds ten pages; and
• Any other information deemed appropriate by the District.

The investigator will not make a determination regarding responsibility.

The investigator may redact information not directly related to the allegations or privileged information. However, the investigator will keep a log of information /they do not produce to the Parties. The investigator will provide this log only to the Title IX Coordinator. The Title IX Coordinator will not disclose the log to the Parties but will maintain the log in the Title IX Coordinator’s file, in the event it later becomes relevant.

At least ten days prior to a hearing, the District will send the investigative report to each Party and their Advisors, if any, the investigative report in an electronic format or a hard copy, for review and written response. The Parties will have at least ten days to submit a written response.

Hearing

After completing an investigation and prior to completing a determination regarding responsibility, the District will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-Maker. Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions.

Notice

If the District proceeds to a hearing, the District will provide all Parties written notice of the date, time, location, participants, and purpose of the hearing with sufficient time for the Party to prepare to participate.

Hearing Format

The District may provide a live hearing with all Parties physically present in the same geographic location or, at the District’s discretion if either Party or a witness requests, the District may provide any or all Parties, witnesses, and other participants the ability to appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other in real time.

The District will make the information reviewed during the Evidence Review available at the hearing for reference and consultation. The District will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

The District will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.

The Decision-Maker shall provide an explanation of the meaning of the preponderance of the evidence standard and affirm that it shall apply to adjudications under this procedure. The preponderance of the evidence standard is met if the District determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.

Decision-Maker

The Decision-Maker will be free from conflict of interest or bias, including bias for or against Complainants or Respondents

In cases where the Complainant or Respondent object to the Decision-Maker based on a conflict of interest or alleged bias, they may raise that challenge to the Title IX Coordinator within two calendar days of receiving the hearing notice. The Title IX Coordinator will then determine whether there is demonstrated bias or a conflict of interest and where appropriate, will substitute the Decision-Maker.

The Decision-Maker may ask the Parties and the witnesses questions during the hearing. The Decision-Maker must objectively evaluate all relevant evidence both inculpatory and exculpatory and must independently reach a determination regarding responsibility without giving deference to the investigative report. The Decision-Maker must receive training on issues of relevance, how to apply the rape-shield protections for Complainants, and any technology to be used at the hearing.

Presenting Witnesses

The District will provide the Complainant and Respondent an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. Witnesses, like Parties, are not required to participate in the live hearing process.

Only relevant evidence will be admissible during the hearing. Relevant evidence means evidence, including evidence relevant to the credibility of a Party or witness, having any tendency in reason to prove or disprove any disputed fact material to the allegations under investigation.

Generally, the Parties may not introduce evidence, including witness testimony, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. However, the Decision-Maker has discretion to accept for good cause, or exclude, such new evidence offered at the hearing.

Cross-Examination

The District shall permit each Party’s Advisor to ask the other Party and any witness relevant questions, including questions challenging credibility. The Party’s Advisor must conduct cross-examination directly, orally, and in real time. A Party may never personally conduct cross-examination. The other Party shall have an opportunity to object to a question posed. The District may limit such objections to written form, and neither the Decision-Maker nor the District are obligated to respond, other than to include any objection in the record.

Before a Complainant, Respondent, or witness answers a question, the Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Decision-Maker need not provide a lengthy or complicated explanation in support of a relevance determination. In making these determinations, the Decision-Maker is not bound by, but may take guidance from, the formal rules of evidence.

If a Party or witness disagrees with a relevance determination, that individual has the choice of either (1) abiding by the Decision-Maker’s determination and answering the question or (2) refusing to answer the question.

If a Party or witness does not submit to cross-examination at the live hearing, the Decision-Maker may admit any statement of that Party or witness in reaching a determination regarding responsibility. The Decision-Maker will give the statements whatever weight the Decision-Maker determines appropriate, bearing in mind that the statements have not been tested by cross-examination. In doing so, the Decision-Maker should consider, and if possible determine, whether the witness or Party made the statement and what the statement proves.

The Decision-Maker cannot draw an inference about the determination of responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to submit to cross-examination or to answer any question.

The Decision-Maker may also ask any Party or witness questions. If a Party or witness refuses to respond to a Decision-Maker’s questions, the Decision-Maker is not precluded from relying on that Party or witness’ statements.

Determinations of Responsibility

When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 20 calendar days after the date that the hearing ends.

When making a determination regarding responsibility, a Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence. A Decision-Maker may not make credibility determinations based on an individual’s status as a Complainant, Respondent, or witness. In evaluating the evidence, the Decision-Maker will use the preponderance of the evidence standard. Thus, after considering all the evidence it has gathered, the District will decide whether it is more likely than not that Title IX sexual harassment occurred.

The written determination will include:

• Identification of the allegations potentially constituting Title IX sexual harassment as defined in these procedures;
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including who conducted the investigation and gave notifications to the Parties. The determination will also state when, where, and the date the investigator interviewed the Parties and witnesses, conducted site visits, the methods used to gather other evidence. The procedural section should also discuss the dates and how the Parties were provided the opportunity to review and nspect evidence and the date of any hearings held and who attended the hearing;
• Findings of fact supporting the determination. In making these findings, the Decision-Maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility;
• Conclusions regarding the application of the District’s code of conduct to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
• A statement of, and rationale for, any disciplinary sanctions the District imposes on the Respondent;
• A statement of whether the District will provide the Complainant with remedies designed to restore or preserve equal access to the District’s education program or activity;
• The District need not disclose to the Respondent remedies that do not affect him/her/them as part of the written determination. The District can inform the Respondent that it will provide remedies to the Complainant. However, the District will inform the Complainant of the sanctions against the Respondent;
• The District’s procedures and permissible bases for the Complainant and Respondent to appeal.

The District will provide the written determination to the Parties simultaneously. The determination regarding responsibility becomes final either on the date that the District provides the Parties with the written determination of the result of the appeal, if the Parties file an appeal, or if the Parties do not file an appeal, the date on which an appeal would no longer be timely.

Disciplinary Sanctions and Remedies

The District must have completed the grievance procedures (investigation, hearing, and any appeal, if applicable) before the imposing disciplinary sanctions or any other actions that are not supportive measures against a Respondent. If the Decision-Maker determines the Respondent was responsible for conduct that constitutes Title IX sexual harassment, the District will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense.

Remedies for the Complainant might include, but are not limited to:

• Providing an escort to ensure that the Complainant can move safely between classes and activities;
• Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;
• Providing counseling services or a referral to counseling services;
• Providing medical services or a referral to medical services;
• Providing academic support services, such as tutoring;
• Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
• Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline.

Possible disciplinary sanctions for student Respondents include, but are not limited to, written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee Respondents include appropriate disciplinary or remedial action consistent with state and federal law, as well as applicable collective bargaining agreements, and can include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or discharge.

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the District’s determination regarding