Board Policies

The Board shall consist of seven members elected by trustee area by the qualified voters of the District. One member must reside in each of the seven trustee areas.

The Board of Trustees shall include a non-voting Student Trustee as stipulated in Board Policy 2015.

Any person who meets the criteria contained in law is eligible to be elected or appointed as a member of the Board.

An employee of the District may not be sworn into office as an elected or appointed members of the governing board unless they resign as an employee.

No member of the Governing Board shall, during the term for which they are elected, hold an incompatible office.

Reference: Education Codes 72103, 72023, 72104; ACCJC Accreditation Standard 4 and Eligibility Requirement 7

The Board of Trustees of Mendocino-Lake Community College District shall include one non-voting student member. The term of office shall be one year, commencing and ending on May 15 of each year. Student trustees may serve a maximum of two, one-year terms.

The student member shall be enrolled in and maintain a minimum of five (5) semester units in the District at the time of nomination and throughout the term of service. The student member is not required to give up employment with the District. The student shall meet and maintain a grade point average of 2.0 or higher.

The student member shall be seated with the Board and shall be recognized as a full member of the Board at meetings. The student member shall be responsible for attending the meetings of the Board of Trustees. The student member is entitled to participate in discussion of issues and receive all materials presented to members of the Board (except for closed session). The student shall be entitled to any mileage allowance necessary to attend board meetings to the same extent as publicly elected trustees.

On or before May 15 of each year, the Board shall consider whether to afford the student member any of the following privileges:

The privilege to make and second motions;

The privilege to cast an advisory vote, although the vote shall not be included in determining the vote required to carry any measure before the board;

The privilege to attend closed sessions, other than closed session on personnel or collective bargaining matters;

The privilege to receive compensation for meeting attendance to the same extent as publicly elected trustees (see Board policy 2725 titled Board Member Compensation;

The privilege to serve a term commencing on May 15

Reference: Education Code 72023.5

The term of office for each trustee shall be four years, commencing on the second Friday in December following the election.
Elections shall be held every two years in even numbered years. Terms of trustees are staggered so that, as nearly as practical, one-half of the trustees shall be elected at each trustee election.

The Board of Trustees has provided for the election of trustees by areas. Effective February 9, 2022, the trustee areas are:

Trustee Area 1Willits/Laytonville/Round Valley
Trustee Area 2Ukiah
Trustee Area 3Calpella/Redwood Valley/Potter Valley
Trustee Area 4Hopland/Boonville/Mendocino
Trustee Area 5Fort Bragg/Piercy
Trustee Area 6Upper Lake/Lucerne
Trustee Area 7Lakeport/Kelseyville

The election of a Board member residing in and registered to vote in the trustee area they seek to represent shall be only by the registered voters of the same trustee areas.

The Superintendent/President shall submit recommendations to the Board regarding adjustments to be made to the boundaries of each trustee area, if any adjustment is necessary, after each decennial federal census. The Superintendent/President shall submit the recommendation in time for the Board to act as required by law.

Reference: Education Code Sections 500 et seq. and 72036

Vacancies on the Board may be caused by any events specified in Government Code Section 1770 or any applicable provision in the Elections Code, or by a failure to elect. Resignations from the Board shall be governed by Education Code Section 5090.

Within 60 days of the vacancy or filing of a deferred resignation, the Board shall either order an election or make a provisional appointment to fill the vacancy.

It an election if ordered, it shall be held on the next regular election date not less than 130 days after the occurrence of the vacancy.

If a provisional appointment is made, it shall be subject to the conditions in Education Code Section 5091. The person appointed to the position shall hold office only until the next regularly scheduled election for district governing board members, when the election shall be held to fill the vacancy for the remainder of the unexpired term.

The provisional appointment will be made by a majority public vote of the Board members at a public meeting.

The Superintendent/President shall establish administrative procedures to solicit applications that assure ample publicity to and information for prospective candidates. The Board will determine the schedule and appointment process, which may include interviews at a public meeting.

Reference: Education Code Sections 5090 et seq., Government Code Section 1770

The Board of Trustees governs on behalf of the citizens of the Mendocino-Lake Community College District in accordance with the authority granted and duties defined in Education Code Section 70902.

The Board is committed to fulfilling its responsibilities to:

Represent the public interest

Establish policies that define the institutional mission and set prudent, ethical and legal standards for college operations

Assure the Board operated in an open, accessible, inclusive, welcoming spirit, and maintains an anti-racist culture

Establish policies that ensure the District operates in an anti-racist and non-discriminatory manner

Hire and evaluate the Superintendent/President

Delegate power and authority to the chief executive to effectively lead the District

Assure fiscal health and stability

Monitor institutional performance and educational quality

Advocate for and protect the District

Reference: ACCJC Accreditation Standard 4

At the annual organizational meeting, the Board shall elect from among its members a President of the Board.

The terms of officers shall be for one year.

The Superintendent/President shall serve as Secretary of the Board.

The duties of the President of the Board are
: Preside over all meetings of the Board;

Call emergency and special meetings of the Board as required by law;

Consult with the Superintendent/President on board meeting agendas;

Communicate with individual Board members about their responsibilities;

Participate in the orientation process for new Board members;

Assure Board compliance with policies on board education, self evaluation and Superintendent/President evaluation;

Represent the Board at official events or ensure board representation.

The duties of the Vice President of the Board are:

In the absence of the President, serve as President of the Board and preside at any regular and/or special meetings; and

Perform any duties as assigned by the President or Board.

The duties of the Clerk are:

Certify as legally required board actions.

In the event of the absence of the President and Vice President, serve as President.

The duties of the Secretary are:

Notify members of the Board of regular, special, emergency and adjourned meetings;

Prepare and post Board meeting agendas;

Have prepared for adoption minutes of Board meetings;

Attend all Board meetings and closed sessions, unless excused, and in such cases to assign a designee;

Conduct the official correspondence of the Board;

Sign, when authorized by law or by Board action, any documents that would otherwise require the signature of the Clerk of the Board.

Reference: Education Code Section 72000

The annual organizational meeting of the Board will be held within the 15-day period that commences with the second Friday in December.

The purpose of the annual organizational meeting is to elect a President, Vice President, and Clerk and conduct any other business as required by law or determined by the Board.

Reference: Education Code Sections 35143 and 72000(c)(2)(A)

Regular meetings of the Board shall be held on the second Wednesday of the month. Regular meetings of the Board shall normally he held at 1000 Hensley Creek Road, Ukiah, California.

A notice identifying the location, date and time of each regular meeting of the Board shall be posted at least ten days prior to the meeting and shall remain posted until the day and time of the meeting. All regular meetings of the Board shall be held within the boundaries of the District except in cases where the Board is meeting with another local agency or is meeting with its attorney to discuss pending litigation if the attorney's office is outside the District.

All regular and special meetings of the Board shall be open to the public, be accessible to persons with disabilities, and otherwise comply with Ralph M. Brown Act provisions, except as required or permitted by law.

Meetings During Proclaimed States of Emergency

1. Prior to January 1, 2024, the Board may hold a regular meeting, or special or emergency meeting as defined in BP 2320

Special and Emergency Meetings, virtually through voice or video conferencing services during a proclaimed state of emergency under the provisions of the Brown Act.

In order for the Board to meet virtually during a proclaimed state of emergency, the Board will make findings by majority vote, as required by the Brown Act.

If the Board elects to meet virtually during a proclaimed state of emergency, the District will comply with relevant provisions of the Brown Act regarding the posting of agendas, public access to meetings through call-in or internet-based service options, public participation, and limits on Board action in the event of a meeting disruption due to interruption of teleconferencing services.

During proclaimed states of emergency, the Board is not required to provide a physical location from which members of the public may attend or provide public comment.

Reference: Education Code Section 72000(d)
Government Code Sections 54952.2, 54953 et seq., and 54961

Closed sessions of the Board shall only be held as permitted by applicable legal provisions including but not limited to the Brown Act, California Government Code and California Education Code. Matters discussed in closed session may include:

the appointment, employment, evaluation of performance, discipline or dismissal of a public employee;

charges or complaints brought against a public employee by another person or employee, unless the accused public employee requests that the complaints or charges be heard in an open session. The employee shall be given at least 24 hours written notice of the closed session.

advice of counsel on pending litigation, as defined by law;

consideration of tort liability claims as part of the district’s membership in any joint powers agency formed for purposes of insurance pooling;

real property transactions;

threats to public security;

review of the District’s position regarding labor negotiations and giving instructions to the District’s designated negotiator;

discussion of student disciplinary action, with final action taken in public;

conferring of honorary degrees;

consideration of gifts from a donor who wishes to remain anonymous;

to consider its response to a confidential final draft audit report from the Bureau of State Audits.

The agenda for each regular or special meeting shall contain information regarding whether a closed session will be held and shall identify the topics to be discussed in any closed session in the manner required by law.

After any closed session, the Board shall reconvene in open session before adjourning and shall announce any actions taken in closed session and the vote or abstention of every member present.

All matters discussed or disclosed during a lawfully held closed session and all notes, minutes, records or recordings made of such a closed session are confidential and shall remain confidential unless and until required to be disclosed by action of the Board or by law.

If any person requests an opportunity to present complaints to the Board about a specific employee, such complaints shall first be presented to the Superintendent/President. Notice shall be given to the employee against whom the charges or complaints are directed. If the complaint is not resolved at the administrative level, the matter shall be scheduled for a closed session of the Board. The employee shall be given at least 24 hours written notice of the closed session, and shall be given the opportunity to request that the complaints be heard in an open meeting of the Board.

Reference: Education Code Section 72122; Government Code Sections 54954.5, 54956.8, 54956.9, 54957, 54957.1, 54957.6, and 11125.4

Special meetings may from time to time be called by the President of The Board or by a majority of the members of the Board.
Notice of such meetings shall be posted at least 24 hours before the time of the meeting and shall be noticed in accordance with the Brown Act. No business other than that included in the notice may be transacted or discussed.

Emergency meetings may be called by the President of the Board when prompt action is needed because of actual threatened disruption of public facilities under such circumstances as are permitted by the Brown Act, including work stoppage, crippling disaster, and other activity that severely impairs public health or safety.

No closed session shall be conducted during an emergency meeting, except as provided for in the Brown Act to discuss a dire emergency.

The Superintendent/President shall be responsible to ensure that notice of such meetings is provided to the local news media as required by law.

Reference: Education Code Section 72129
Government Code Sections 54956, 54956.5, and 54957

A quorum of the Board shall consist of a simple majority of board members. The Board shall act by majority vote of all of he membership of the Board, except as noted below.

No action shall be taken by secret ballot. The Board will publicly report any action taken in open session and the vote or abstention of each individual member present.

The following actions required a two-thirds majority of all members of the Board:

Resolution of intention to sell or lease real property (except where a unanimous vote is required);

Resolution of intention to dedicate or convey an easement;

Resolution authorizing and directing the execution and delivery of a deed;

Action to declare the District exempt from the approval requirements of a planning commission or other local land use body;

Appropriation of funds from an undistributed reserve;

resolution to condemn real property;

Resolution to pursue the authorization and issuance of bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution.

The following actions require a unanimous vote of all members of the Board:

Resolution authorizing the sale or lease of District real property to the state, any county, city, or to any other school or community college district;

Resolution authorizing lease of District property under a lease for the production of gas.

Reference: Education Code Section 15266, 72000(d)(3), 81310 et seq., 81365, 81511, 81432; Government Code Sections 53094, and 54950 et seq.; Code of Civil Procedure Section 1245.240

An agenda shall be posted adjacent to the place of meeting at least 72 hours prior to the meeting time for regular meetings. The agenda shall include a brief description of each item of business to be transacted or discussed at the meeting. If requested, the agenda shall be provided in appropriate alternative formats so as to be accessible to persons with a disability.

No business may be acted on or discussed which is not on the agenda, except when one or more of the following apply:

a majority decides there is an “emergency situation” as defined for emergency meetings;

two-thirds of the members (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action came to the attention of the Board subsequent to the agenda being posted;

an item appeared on the agenda of and was continued from a meeting held not more than five days earlier.

The order of business may be changed by consent of the Board.

The Superintendent/President shall establish administrative procedures that provide for public access to agenda information and reasonable annual fees for the service.

Members of the public may place matters directly related to the business of the District on an agenda for a board meeting by submitting a written summary of the item to the Superintendent/President. The written summary must be signed by the initiator.
The Board reserves the right to consider and take action in closed session on items submitted by members of the public as permitted or required by law.

Agendas shall be developed by the Superintendent/President in consultation with the Board President.

Agenda items submitted by members of the public must be received by the office of the Superintendent/President not later than ten working days prior to the regularly scheduled board meeting.

Agenda items initiated by members of the public shall be placed on the Board’s agenda following the items of business initiated by the Board and by staff. Any agenda item submitted by a member of the public and heard at a public meeting cannot be resubmitted before the expiration of a 90 day period following the initial submission.

Reference: Education Code Sections 72121 and 72121.5; Government Code Sections 6250 et seq., and 54954 et seq.

The Board shall provide opportunities for members of the general public to participate in the business of the Board.

Members of the public may bring matters directly related to the business of the District to the attention of the Board in one of two ways:

1. There will be a time at each regularly scheduled board meeting for the general public to comment on any items not on the agenda.
2. Members wishing to present such items shall submit a written request at the beginning of the meeting to the Superintendent/President that summarizes the item and provides their name and organizational affiliation, if any.

No action may be taken by the Board on such items. Members of the public may also place items on the prepared agenda in accordance with BP 2340 titled Agendas.

A written summary of the item must be submitted to the Superintendent/President at least ten working days prior to the board meeting. The summary must be signed by the initiator, contain their residence or business address, and organizational affiliation, if any.

Members of the public also may submit written communications to the Board on items on the agenda and speak to agenda items at the Board meeting. All such written communications shall be dated and signed by the author, and shall contain the residence or business address of the author and the author's organizational affiliation, if any.

If requested, writings that are public records shall be made available in appropriate alternative formats so as to be accessible to persons with a disability.

Claims for damages are not considered communications to the Board under this rule, but shall be submitted to the District.

Reference: Education Code Section 72121.5; Government Code Sections 54954.3 and 54957.5

Persons may speak to the Board either on an agenda item or on other matters of interest to the public that are within the subject matter jurisdiction of the Board.

Oral presentations relating to a matter on the agenda, including those on the consent agenda, shall be heard before a vote is called on the item.

Persons wishing to speak to matters not on the agenda shall do so at the time designated at the meeting for public comment.

Those wishing to speak to the Board are subject to the following:

The President of the Board may rule members of the public out of order if their remarks do not pertain to matters that are within the subject matter jurisdiction of the Board or if their remarks are unduly repetitive.

Non-scheduled substitutes may not speak in place of scheduled speakers unless alternates have been submitted on the original request.

Employees who are members of a bargaining unit represented by an exclusive bargaining agent may address the board under this policy but may not attempt to negotiate terms and conditions of their employment. This policy does not prohibit any employee from addressing a collective bargaining proposal pursuant to the public notice requirements of Government Code Section 3547 and the policies of this Board implementing that section.

They may complete a written request to address the Board at the beginning of the meeting at which they wish to speak.

The request may include the person's name and name of the organization or group represented, if any, and a statement noting the agenda item or topic to be addressed.

No member of the public may speak without being recognized by the President of the Board.

Each speaker will be allow a maximum of five minutes per topic. Thirty minutes shall be the maximum time allotment for public speakers on any one subject regardless of the number of speakers at any one board meeting. At the discretion of a majority of the Board, these time limits may be extended.

Each speaker coming before the Board is limited to one presentation per specific agenda item before the Board, and to one presentation per meeting on non-agenda matters.

Reference: Education Code Section 72121.5; Government Code Sections 54950 et. seq.

The following will be ruled out of order by the presiding officer:

Disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting.

Physical violence or threats of physical violence directed toward any person or property.

In the event that any meeting is willfully interrupted by the actions of one or more persons so as to render the orderly conduct of the meeting unfeasible, the persons may be removed from the meeting room.

Speakers who engage in such conduct may be removed and denied the opportunity to speak to the Board for the duration of the meeting.

Before removal, a warning and a request that the persons curtail the disruptive activity will be made by the President of the Board. If the behavior continues, the persons may be removed based on a finding that the person is violating this policy, and that such activity is intentional and has substantially impaired the conduct of the meeting.

If order cannot be restored by the removal in accordance with these rules of individuals who are willfully interrupting the meeting, the Board may order the meeting room cleared and may continue in session. The Board shall only consider matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this rule.

Reference: Education Code Section 72121.5
Government Code Section 54954.3 subdivision (b), 54957.9, and 54957.95

The Superintendent/President shall cause minutes to be taken at all meetings of the Board. The minutes shall contain a record of all actions taken by the Board. The minutes shall record the names of the Board members present including their arrival to and departure from the meeting. The minutes shall be public records and shall be available to the public. If requested, the minutes shall be made available in appropriate alternative formats so as to be accessible to persons with a disability.

Reference: Education Code Section 72121(2); Government Code Section 54957.5

The Board may adopt such policies as are authorized by law or determined by the Board to be necessary for the efficient operation of the District. Board policies are intended to be statements of intent by the Board on a specific issue within its subject matter jurisdiction.

The policies have been written to be consistent with provisions of law, but do not encompass all laws relating to district activities. All District employees are expected to know of and observe all provisions of law pertinent to their job responsibilities.

Policies of the Board will be adopted, revised, added to or amended at any regular board meeting by a majority vote.
Proposed changes or additions shall be introduced not less than one regular meeting prior to the meeting at which action is recommended. the Board shall regularly assess its policies for effectiveness in fulfilling the District's mission.

Administrative procedures are to be issued by the Superintendent/President as statements of method to be used in implementing Board Policy. Such administrative procedures shall be consistent with the intent of Board Policy.
Administrative procedures may be revised as deemed necessary by the Superintendent/President.

The Board reserves the right to direct revisions of the administrative procedures should they, in the Board’s judgment, be inconsistent with the Board’s own policies.

Copies of all policies and administrative procedures shall be readily available to District employees and the public through the Superintendent/President and the district web site.

Reference: Education Code Section 70902
ACCJC Accreditation Standard 4.4

The Board of Trustees of the Mendocino-Lake Community College District delegates to the Superintendent/President of the District the executive responsibility for administering the policies adopted by the Board and executing all decisions of the Board requiring administrative action.

The Superintendent/President may delegate any powers and duties entrusted to them by the Board including the administration of the main campus and the centers, but will be specifically responsible to the Board for the execution of such delegated powers and duties.

The Superintendent/President is empowered to reasonably interpret Board policy. In situations where there is no Board policy direction, the Superintendent/President shall have the power to act, but such decisions shall be subject to review by the Board. It is the duty of the Superintendent/President to inform the Board of such action and to recommend written
Board policy if one is required.

The Superintendent/President is expected to perform the duties contained in the Superintendent/President’s job description and fulfill other responsibilities as may be determined in annual goal-setting or evaluation sessions. The job description and goals and objectives for performance shall be developed by the Board in consultation with the Superintendent/President.

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

The Superintendent/President shall make available any information or give any report requested by the Board as a whole.
Individual trustee requests for information shall be met if, in the opinion of the Superintendent/President, they are not unduly burdensome or disruptive to District operations. Information provided to any trustee shall be available to all trustees.

The Superintendent/President shall act as the professional advisor to the Board in policy formation.

Reference: Education Code Sections 70902 subdivision (d) and 72400; ACCJC Accreditation Standard 4.5

In the case of a Superintendent/President vacancy, the Board shall establish a search process to fill the vacancy. The process shall be fair and open and comply with relevant regulations.

Reference: Title 5 53000 et seq., ACCJC Accreditation Standard 4.5

The Board delegates authority to the Superintendent/President to appoint an acting Superintendent/President to serve in their absence for short periods of time, not to exceed 30 calendar days at a time.

The Board shall appoint an acting (interim) Superintendent/President for periods exceeding 30 calendar days.

Reference: Education Code 70902 subdivision (d) and 72400; Section 53021 subdivision (b)

The Board shall conduct an evaluation of the Superintendent/President at least annually. Such evaluation shall comply with any requirements set forth in the contract of employment with the Superintendent/President as well as this policy.

The Board shall evaluate the Superintendent/President using an evaluation process developed and jointly agreed to by the Board and the Superintendent/President.

The criteria for evaluation shall be based on Board policy, the Superintendent/President job description, and performance goals and objectives developed in accordance with BP 2430 titled Delegation of Authority to the Superintendent/President.

The criteria for evaluation of the Superintendent/President shall also include performance goals and objectives related to the District's commitment to diversity, equity and inclusion.

Reference: Education Code Section 87663
ACCJC Accreditation Standard 4.5

The Board of Trustees in fulfilling the District mission is the ultimate decision-maker in those areas assigned to it by state and federal laws and regulations. In executing that responsibility, the Board is committed to its obligation to ensure that appropriate members of the District participate in developing recommended policies for Board action, and administrative procedures for Superintendent/President action under which the District is governed and administered.

Each of the following shall participate as required by law in the decision-making processes of the District:

Academic Senate: (Title 5, Sections 53200-53206)

The Board or its designees will consult collegially with the Academic Senate, as duly constituted with respect to academic and professional matters, as defined by law. Administrative Procedures to implement this section are developed collegially with the Academic Senate.

Staff: (Title 5, Section 51023.5)

Staff shall be provided with the opportunities to participate in the formulation and development of district policies and procedures that have significant effect on staff. The opinions and recommendations of the Classified Senate and the Management Team will be given every reasonable consideration.

Students: (Title 5, Sections 51023.7)

The Associated Students shall be given an opportunity to participate effectively in the formulation and development of district policies and procedures that have a significant effect on students, as defined by law.
The recommendations and positions of the Associated Students will be given every reasonable consideration.

Except for unforeseeable emergency situations, the Board shall not take any action on matters subject to this policy until the appropriate constituent group or groups have been provided the opportunity to participate.

Nothing in this policy will be construed to interfere with the formation or administration of employee organizations or with the exercise of rights guaranteed under the Educational Employment Relations Act, Government Code Sections 3540, et seq.

Reference: Education Code Section 70902 (b)(7); Title 5, Sections 53200 et seq., 51023.5, and 51023.7, ACCJC Accreditation Standards 4.2 and 4.3.

(Previously Board Policy 213)

The Superintendent/President is directed to enact administrative procedures that assure compliance with the requirements of Government Code Section 3547 regarding the presentation to the Board of initial proposals for collective bargaining.

Collective bargaining begins when either an exclusive representative or the District itself presents an initial proposal for consideration in accordance with the following timelines:

Mendocino-Lake Community College District Classified Bargaining Unit, SEIU, Local 1021 to Mendocino-Lake
Community College District - September 15th

Mendocino College Federation of Teachers AFT/CFT Local 6322 to Mendocino-Lake Community College District –
March 15th

Mendocino Part-Time Faculty Association CCA/CTA/NEA to Mendocino-Lake Community College District –
March 15th

Mendocino-Lake Community College District to Mendocino-Lake Community College District Classified
Bargaining Unit, SEIU, Local 1021 – November 15th

Mendocino-Lake Community College District to Mendocino College Federation of Teachers AFT/CFT Local 6322 –
April 15th

Mendocino-Lake Community College District to Mendocino Part-Time Faculty Association CCA/CTA/NEA – April 15th

Reference: Government Code Section 3547

09/01/2012, 2/10/2016, Board members and employees shall not be financially interested in any contract made by them in their official capacity, or in any body or board of which they are members.

A Board member shall not be considered to be financially interested in a contract if their interest is limited to those interests defined as remote under Government Code Section 1091 or is limited to interests defined by Government Code
Section 1091.5.

A Board member who has a remote interest in any contract considered by the Board shall disclose their interest during a Board meeting and have the disclosure noted in the official Board minutes. The Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract.

A Board member shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to their duties as an officer of the District.

In compliance with law and regulation, the Superintendent/President shall establish administrative procedures to provide for disclosure of assets of income of Board members who may be affected by their official actions, and prevent members from making or participating in the making of Board decisions which may foreseeably have a material effect on their financial interest.

Board members shall file statements of economic interest with the filing officer identified by the administrative procedures.

Board members are encouraged to seek counsel from the District’s legal advisor in every case where any question arises.

Reference: Government Code Sections 1090 et seq.; 1126; and 87200 et seq.; Title 2 Sections 18730 et. seq.

The Board maintains high standards of ethical conduct for its members. Members of the Board are responsible for:

Acting only in the best interests of the entire community while maintaining independence from special interests or other politically-active, narrowly focused groups.

Ensuring public input into Board deliberations; adhering to the law and spirit of the open meeting laws and regulations.

Preventing conflicts of interest and the perception of conflicts of interest.

Exercising authority only as a Board; and uphold the final majority decisions of the Board.

Using appropriate channels of communication.

Respecting others; acting with civility; work with fellow trustees in a spirit of cooperation so that all issues are debated openly and fairly.

Being informed about the District, educational issues, and responsibilities of trusteeship.

Devoting adequate time to Board work.

Maintaining confidentiality of closed sessions.

A trustee has no legal authority outside the meetings of the board, and conducts relationships with college staff, students, the local citizenry, and the media on that basis.

Violation of the Law and/or the Board’s Code of Ethics:

The Superintendent/President and Board President are authorized to consult with legal counsel when they become aware of or are informed about actual or perceived violations of pertinent laws and regulations, including but not limited to conflict of interest, open and public meetings, confidentiality of closed session information, and use of public resources.

Violations of law may be referred to the District Attorney or Attorney General as provided for in law.

Violations of the Board’s Policy 2715 (Code of Ethics) will be addressed by the President of the Board, who will first discuss the violation with the Board Member to reach a resolution. If resolution is not achieved and further action is deemed necessary, the Board President may appoint an ad hoc committee to examine the matter and recommend further courses of action to the Board. Sanctions will be determined by the Board President (or committee) and may include a recommendation to the Board to censure the Board member. Censure is an official expression of disapproval passed by the Board. If the President of the Board is perceived to have violated the code, the Vice President of the Board is authorized to pursue resolution.

References: ACCJC Accreditation Standard 4.6

Members of the Board shall not use District funds, services, supplies, or equipment to urge the passage or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the Governing Board.

Initiative or referendum measures may be drafted on an area of legitimate interest to the District. The Board may by resolution express the Board’s position on ballot measures. Public resources may be used only for informational efforts regarding the possible effects of District bond issues or other ballot measures.

Reference: Education Code Sections 7054, 7054.1, and 7056
Government Code Section 3547

A majority of the members of the Governing Board shall not, outside a regularly scheduled meeting, use a series of communications of any kind (e.g., written, telephone, e-mail, or other technological device), directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the Board.

This policy shall not be construed as preventing an employee or official of the District from engaging in separate conversations or communications with members of the Board outside of a meeting in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of Board, if that person does not communicate to members of the Board the comments or position of any other member or members of the Board.

This policy shall also not be construed as preventing a member of the Governing Board from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the Board. In doing so, a majority of the members of the Board may not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the Board. However, a member of the Board shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the Board that another member of the Board has made, posted, or shared.

Reference: Government Code Section 54952.2

09/09/2009, 03/02/2011, 03/11/2020
Members of the Board of Trustees including the student member who attend all board meetings shall receive $100 per month. A member of the Board who does not attend all meetings held by the Board in any month shall receive, as compensation, an amount not greater than the pro rata share for the number of meetings actually attended.

A member of the Board may be paid for a meeting when absent if the Board, by resolution, finds that at the time of the meeting the member is performing services outside the meeting for the community college district, is ill, on jury duty, or the absence is due to a hardship deemed acceptable by the Board.

Reference: Education Code Section 72024

09/09/2009, 03/02/2011, 02/2020
In accordance with Government Code, Section 53201, the District will provide health benefits for trustees, except the student trustee, as follows:

1. Current Trustees While serving on the Board, Trustees may participate in the dental and vision benefits portions of the health benefit plan, as provided to active District employees. Trustees are not eligible for retiree health benefits when they no longer serve on the Board. No health benefits shall be provided to the student trustee.
2. Former Trustees Those first elected or appointed before May 1, 1991 who served 12 years or more may continue their health benefits at the District's expense. Benefits will consistent with those available to active District employees. (This legal commitment was made by the Board of Trustees on February 5, 1986.)

Those first elected or appointed after May 1, 1991 may continue their health benefits at their own expense, as specified in COBRA provisions.

Life Insurance

While serving on the Board, Trustees will receive life insurance, as provided to active District employees.

Reference: Government Code Section 53201 and 53208.5

Members of the Board shall have travel expenses paid pursuant to the District Travel Handbook whenever they travel as representatives of and perform services directed by the Board.

Reference: Education Code Section 72423
Government Code Section 11139.8

The Board is committed to its ongoing development as a Board and to a trustee education program that includes new trustee orientation.

To that end, the Board will engage in professional development activities which may include study sessions, providing access to reading materials, and supporting conference attendance and other activities that foster trustee education.

It shall be the policy of the Governing Board to utilize on a planned basis means of keeping itself abreast of new needs and practices. The Board President and the District Superintendent/President may recommend the following to the Board:

Consultants who may desirably confer with the Board and the administration on particular significant areas.

Professional meetings on a state and national basis which should be attended by Board Members.

Reports and publications from District staff with which the Board should be familiar.

Reference: ACCJC Accreditation Standard 4

The Board is committed to assessing its own performance as a Board in order to identify its strengths and areas in which it may improve its functioning. To that end, the Board has established the following processes:

The board is committed to having an annual self-evaluation meeting no later than December, at a date selected at the board’s annual organizational meeting. The process for self- evaluation shall be recommended to and approved by the Board.

A committee of the Board shall be appointed to determine the instrument or process to be used in Board self-evaluation.
Any evaluation instrument shall incorporate criteria contained in these Board policies regarding board operations, as well as criteria defining board effectiveness promulgated by recognized practitioners in the field.

The criteria for the Board’s self-evaluation shall also include performance goals and objectives related to the District’s and the Board’s commitment to anti-racism, diversity, equity, and inclusion.

Additionally, all members of the District staff who regularly participate in Board meetings will be given the opportunity to provide meaningful input to the Board in their self-evaluation process. Process. Staff evaluations will be submitted to the Superintendent/President or designee who will summarize them without reference to the source. The summary will be forwarded to the Board President for inclusion in the final trustee evaluation summary.

The Superintendent/President may also provide the Board with comments and perspectives about the performance and accomplishments of the Board during the previous year and may suggest goals for the following year.

If an instrument is used, all board members will be asked to complete the evaluation instrument and submit them to the Board President or designee.

A summary of the evaluations will be presented and discussed at a Board session scheduled for that purpose. The results will be used to identify accomplishments in the past year and goals for the following year.

Reference: ACCJC Accreditation Standard 4

The Superintendent/President shall establish organizational charts that delineate the lines of responsibility and fix the general duties of employees within the District.

Reference: Education Code Section 72400

The Superintendent/President shall ensure the District complies with the accreditation process and standards of the Accrediting Commission of Community and Junior Colleges and of other District programs that seek special accreditation.

The Superintendent/President shall keep the Board informed of approved accrediting organizations and the status of accreditations.

The Superintendent/President shall ensure that the Board is involved in any accreditation process in which Board participation is required.

The Superintendent/President shall provide the Board with a summary of any accreditation report and any actions taken or to be taken in response to recommendations in an accreditation report.

Reference: Title 5 Section 51016; ACCJC Accreditation Eligibility Requirement 21

The Superintendent/President shall ensure that the District has and implements a broad-based comprehensive, systematic and integrated system of planning that involves appropriate segments of the college community, and is supported by institutional effectiveness research.

The planning system shall include plans required by law, including, but not limited to:

Long Range Educational or Academic Master Plan which shall be updated periodically as deemed necessary by the Governing Board

Facilities Plan

Equal Employment Opportunity Plan

Student Equity Plan

Student Success and Support Program Plan

Transfer Center Plan

Cooperative Work Experience Plan

Extended Opportunity Programs and Services Plan

The Superintendent/President shall submit those plans for which Board approval is required by Title 5 to the Board.

The Superintendent/President shall ensure the Board has an opportunity to assist in developing the general institutional mission and goals for the comprehensive plans.

The Superintendent/President shall inform the Board about the status of planning and progress in meeting goals and objectives.

Reference: Title 5, Sections, 51008, 51010, 51027, 53003, 54220, 55080, 55190, 55510 and 56270 et. seq.

ACCJC Accreditation Standards 1.4 and 3.5

Previously listed as Board Policy 320

The Superintendent/President shall establish procedures for records management, including access by the public that comply with the requirements of the California Public Records Act.

Reference: Government Code Section 6250 et seq.

The Superintendent/President shall establish administrative procedures to assure the retention and destruction of all District records including electronically stored information as defined by the Federal Rules of Civil Procedure in compliance with Title 5. Such records shall include, but not be limited to student records, employment records and financial records.

References: Title 5 Sections 59020, et seq.; Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

The District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities.

The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, immigration status, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because they are perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.

The Superintendent/President shall establish administrative procedures that ensure all members of the college community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title
5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination.

No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on the basis of national origin, immigration status, religion, age, gender, gender identity, gender expression, race, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, or military and veteran status, or because they are perceived to have one or more of the foregoing characteristics, or because of their association with a person or group with one or more of these actual or perceived characteristics.

See Administrative Procedure No. 3410.1

References: Education Code, Sections 66250 et seq., 72010 et seq., and 87100 et seq.; Title 5, Sections 53000 et seq., and 59300 et. seq.; Labor Code Section 1197.5; Penal Code Section 422.55; Government Code, Section 12926.1 and 12940 et. seq. and 12954; Title 2 Sections 10500 et seq.;

Labor Code Section 1197.5; ACCJC Accreditation Eligibility Requirement 20

The Board supports the intent set forth by the California Legislature to assure that effort is made to build a community in which opportunity is equalized, and community colleges foster a climate of acceptance, with the inclusion of faculty and staff from a wide variety of backgrounds. It agrees that diversity in the academic environment fosters cultural awareness, mutual understanding and respect, harmony and suitable role models for all students. An equitable and inclusive hiring process is essential to improve diversity, reduce barriers for employment, and allow potential applicants the opportunity to demonstrate that they meet or exceed the minimum qualifications for employment. The Board therefore commits itself to promote the total realization of equal employment through a continuing equal employment opportunity program. Equal employment opportunity includes not only a process for equal opportunity hiring, but also practices and processes that create inclusive, respectful work environments.

The Superintendent/President shall develop, for review and adoption by the Board, a plan for equal employment opportunity that complies with the Education Code and Title 5 requirements as from time to time modified or clarified by judicial interpretation. The Superintendent/President or their designee shall develop hiring procedures driven by diversity, equity, and inclusion and consistent with the Board's intent described above.

Reference: Education Code, Sections 87100 et seq.
Title 5, Sections 53000 et seq.
ACCJC Accreditation Standard 3

All forms of harassment are contrary to basic standards of conduct between individuals. State and federal law and this policy prohibit harassment and the District will not tolerate harassment. The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of unlawful harassment including that which is based on any of the following statuses: race, religious creed, color, national origin, ethnicity, ancestry, immigration status, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or because they are perceived to have one or more of the foregoing characteristics.

The District seeks to foster an environment in which all employees, students, unpaid interns, and volunteers feel free to report incidents of harassment without fear of retaliation or reprisal. Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of harassment or for participating in a harassment investigation. Such conduct is illegal and constitutes a violation of this policy. The District will investigate all allegations of retaliation swiftly and thoroughly. If the District determines that someone has retaliated, it will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion.

The District recognizes that sex discrimination, including sexual harassment and violence, harms all students, undermines students' physical safety, impedes students' ability to learn, and can reinforce social inequality throughout a student's lifetime. The District has a responsibility to make reasonable efforts to respond effectively when sexual harassment is reported to, or observed by, District employees.

Any student, employee, unpaid intern, or volunteer who believes that they have been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in AP 3435.1, Discrimination and Harassment Complaints and Investigations. The District requires supervisors to report all incidents of harassment and retaliation that come to their attention.

This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.

To this end the Superintendent/President shall ensure that the institution undertakes education and training activities to counter harassment and to prevent, minimize or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment.

The Superintendent/President shall establish procedures that define harassment on campus. The Superintendent/President shall further establish procedures for employees, students, unpaid interns, volunteers, and other members of the campus community that provide for the investigation and resolution of complaints regarding harassment and discrimination, and procedures to resolve complaints of harassment and discrimination. State and federal law and this policy prohibit retaliatory acts by the District, its employees, students, and agents.

The District will publish and publicize this policy and related written procedures (including the procedure for making complaints) to administrators, faculty, staff, students, unpaid interns, and volunteers particularly when they are new to the institution. The District will make this policy and related written procedures (including the procedure for making complaints) available in all administrative offices and will post them on the District's website.

Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination. Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion. Volunteers and unpaid interns who violate this policy and related procedures may be subject to disciplinary measures up to and including termination from the internship or other unpaid work experience program.

See Administrative Procedure 3430.1

References: Education Code Sections 212.5, 44100, 66252, and 66281.5; Government Code Sections 12923, 12940 and 12950.1; Civil Code Section 51.9; Title 2 Sections 10500 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e; Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act of 1990 (ADA)

All forms of sexual harassment are contrary to basic standards of conduct between individuals. State and federal law and this policy prohibit sexual harassment and the District will not tolerate sexual harassment. The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of sexual harassment and all forms of sexual intimidation and exploitation including acts of sexual violence.
The District seeks to foster an environment in which all employees, students, applicants for employment, and applicants for admission feel free to report incidents of sexual harassment in violation of this policy and Title IX, without fear of retaliation or reprisal. Therefore, the District also strictly prohibits retaliation against any individual for filing a complaint of sexual harassment in violation of this policy and Title IX or for participating, or refusing to participate, in a sexual harassment investigation. The District will investigate all allegations of Title IX retaliation swiftly and thoroughly. If the District determines that someone has retaliated, it will take reasonable steps within its power to stop such conduct.
Individuals who engage in Title IX retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion.
Any employee, student, applicant for employment, or applicant for admission who believes they have been harassed or retaliated against in violation of this policy should immediately report such incidents by following the procedures described in AP 3434.1 Responding to Harassment
Based on Sex under Title IX. The District requires supervisors to report all incidents of harassment and retaliation that come to their attention.
This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities, and compensation.
To this end, the Superintendent/President shall ensure that the institution undertakes education and training activities to counter sexual harassment and to prevent, minimize, or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment.
The Superintendent/President shall establish procedures that define sexual harassment on campus. The Superintendent/President shall further establish procedures for employees, students, and other members of the campus community that provide for the investigation and resolution of complaints regarding sexual harassment in violation of this policy, and procedures to resolve complaints of sexual harassment in violation of this policy. State and federal law and this policy prohibit retaliatory acts against all participants by the District, its employees, students, and agents.
The District will publish and publicize this policy and related written procedures (including the procedure for making complaints) to administrators, faculty, staff, students, applicants for employment, and applicants for admission, particularly when they are new to the institution.
The District will make this policy and related written procedures (including the procedures for making complaints) available in all administrative offices and will post them on the District's website.
Employees who violate the policy and procedures may be subject to disciplinary action up to and including termination. Students who violate

this policy and related procedures may be subject to disciplinary measures up to and including expulsion. Volunteers or unpaid interns who violate this policy and related procedures may be subject to disciplinary measure up to and including termination from the volunteer assignment, internship, or other unpaid work experience program.

In order to prevent discrimination on the basis of disability, the District will allow an individual with a disability to use a service animal in District facilities and locations in compliance with state and federal law.

Reference: Americans with Disabilities Act of 1990
42 United States Code Sections 12101 et seq.: 28 Code of Federal Regulations Part 35; 28 Code of Federal Regulations Part 36; 34 Code of Federal Regulations Part 104.44(b)

The Board is committed to a safe and secure District work and learning environment. To that end, the Superintendent/President shall establish a campus safety plan and ensure that it is posted or otherwise made available to students. The campus safety plan shall include availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established, any actions taken in the preceding 18 months to increase safety, and any changes in safe precautions to be made during the next 24 months.

Reference: Education Code Section 67380 Subdivision (a)(4)

In order to safeguard district property an assets, the Superintendent/President shall establish procedures for security and access to District facilities. District facilities shall be closed to entry during non-business hours except as authorized in accordance with Administrative Procedure
3501.1.

References: 34 Code of Federal Regulations Part 668.46 subdivision (b)(3); ACCJC Accreditation Standard 3.8

The District shall have emergency response and evacuation procedures for notifying the campus community in the event of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.

Reference: Education Code Sections 32280 et seq, and 71095; Government Code Sections 3100 and 8607 subdivision (a); Homeland Security Act of 2002; National Fire Protection Association 1600; Homeland Security Presidential Directive-5; Executive Order S-2-05; 19 California Code of Regulations Section 2400-2450; 34 Code of Federal Regulations Part 668.46 subdivision (g)

The Board of Trustees is committed to providing a District work and learning environment that is free of violence and the threat of violence. The Board's priority is the effective handling of critical workplace violence incidents, including those dealing with actual or potential violence.

The Superintendent/President shall establish administrative procedures that assure that employees are informed regarding what actions shall be considered violent acts and requiring any employee who is the victim of any violent conduct in the workplace, or a witness to violent conduct to report the incident, and that employees are informed that there shall be no retaliation for such reporting.

Previously listed as Board Policy 322.

Reference: Cal/OSHA: Labor Code Sections 6300 et seq.; California Code of Regulations Sections 3203; "Workplace Violence Safety Act of 1994" (Code of Civil Procedure Section 527.8 and Penal Code Section 273.6)

The Superintendent/President shall assure that, as required by law, reports are prepared of all occurrences reported to Campus Security of and arrests for crimes committed on campus that involve violence, hate violence, theft or destruction of property, illegal drugs or alcohol intoxication.
The Superintendent/President shall further assure that required reports of non-criminal acts of hate violence are prepared. Such reports shall be made available as required by law.

Reference: Education Code Section 67380

The Superintendent/President or designee shall establish procedures related to the responsibility of employees, within the scope of employment or in their professional capacity, to report known or suspected abuse and neglect of children.

Reference:

Penal Code Sections 11164 et seq.

The District, on behalf of each campus or center, shall have a written agreement with local law enforcement agencies. The agreement clarifies operational responsibilities for investigations of: Part I violent crimes, defined by law as willful homicide, forcible rape, robbery, and aggravated assault; sexual assaults, including, but not limited to rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these; and hate crimes as defined by law, occurring at each location.

The written agreement designates which law enforcement agency has operational responsibility for violent crimes, sexual assaults, and hate crimes, and delineates the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

The written agreements required by the Board policy are public records and are made available for inspection by members of the public upon request to the Office of Community Relations and Communications. Written agreements shall be reviewed and updated, if necessary, every five years.

The Mendocino-Lake Community College District encourages accurate and prompt reporting of all crimes to Campus Security and/or the appropriate police agencies. The Superintendent/President shall establish procedures that encourage professional counselors, if and when they deem it appropriate, to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

References: Education Code Sections 67381 and 67381.1; 34 Code of Federal Regulations Part 668.46 subdivision (b)(4)

Firearms or other weapons shall be prohibited in District facilities and locations except for activities conducted under the direction of District officials or as authorized by an official law enforcement agency.

Reference: Penal Code Sections 626.9 and 626.10

Any sexual assault or physical abuse, including, but not limited to rape as defined by California law, whether committed by an employee, student or member of the public, that occurs on District property, is a violation of District policies and procedures, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures consistent with state and federal law. Students, faculty, and staff who may be victims of sexual and other assaults shall be treated with dignity and provided comprehensive assistance.

The Superintendent/President shall establish administrative procedures that ensure that students, faculty, and staff who are victims of sexual and other assaults receive appropriate information and treatment, and that educational information about preventing sexual violence is provided and publicized as required by law.

The procedures shall meet the criteria contained in Education Code Sections 67385 and 67385.7, 67386 and 34 Code of Federal Regulations
Section 668.46.

References: Education Code 67382, 67385, and 67386
20 U.S. Code Section 1092 subdivision (f); 34 Code of Federal Regulations Section 668.46 subdivision (b)(11)

The District shall be free from all unlawful drugs and from the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees.

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all facilities under the control and use of the District.

Any student or employee who violates this policy will be subject to disciplinary action (consistent with local, state, or federal law), which may include referral to an appropriate rehabilitation program, suspension, demotion, expulsion or dismissal.

The Superintendent/President shall assure that the District distributes annually to each student and employee the information required by the Drug-Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act.

References: Education Code Section 67384; Drug Free Schools and Communities Act, 20 U.S. Code Section 1011i; 34 Code of Federal Regulations Parts 86.1 et seq.
Drug Free Workplace Act of 1988, 41 U.S. Code Section 8103

The Superintendent/President is authorized to enact procedures as appropriate and permitted by law regarding serving alcoholic beverages on campus or at fund-raising events held to benefit non-profit corporations. Alcoholic beverages shall not be served on campus except in accordance with these procedures.

References: Business and Professions Code Section 25608
34 Code of Federal Regulations Section 668.46(b)

It is the policy of the Board of Trustees of the Mendocino-Lake Community College District to promote a safe and healthy environment for students, staff and visitors at its campuses, centers and other off-campus sites by reducing the health risks associated with tobacco smoke and related products.

To meet that obligation, the use of all tobacco and tobacco-related products on Mendocino-Lake Community College District properties will be restricted to the specifically designated areas noted in Administrative Procedure 3570.1.

In addition, the Mendocino-Lake Community College District will provide education and support services for students and staff focused on smoking cessation and eliminating the use of tobacco and tobacco-related products.

Also see Board Policy 3550, Drug Free Environment and Drug Prevention Program.

Reference: Government Code Section 7597.1

The Board may recognize and approve auxiliary organizations established for the purpose of providing to the District any and all supportive services, specialized programs and functions identified in Title 5.

The Superintendent/President shall establish the administrative procedures necessary to fully comply with California law relating to auxiliary organizations, and to submit this policy and those procedures to the Chancellor for the California Community Colleges as required by law. At a minimum, the procedures shall address the subjects required by Title 5.

Recognition and establishment of auxiliary organizations shall include a public hearing on the recommendation to recognize or establish an auxiliary organization; Board approval of the auxiliary organization; and approval of a written agreement between the District and the auxiliary organization describing the services, programs or functions to be performed. All such written agreements shall comply fully with the requirements of Title 5 Section 59257(j).

Any auxiliary organization recognized by the Board shall conduct its business in accordance with the administrative procedures adopted by the Superintendent/President pursuant to this policy. Notwithstanding anything contained in the administrative procedures, any auxiliary organization recognized by the Board shall comply with Education Code provisions regarding:

the composition of a board of directors and the way in which it conducts its meetings;

conducting an annual audit;

employing its work force;

expending and appropriating its funds, and keeping its records.

No funds or resources, other than funds or resources derived from gifts or bequests, shall be transferred by the District to any of its auxiliary organizations for the purpose of either avoiding laws or regulations that constrain community college districts or providing the District with an unfair advantage with respect to any state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for disabled students.

References: Education Code Sections 72670 et seq.;

Title 5 Sections 59250 et seq.

The Superintendent/President shall develop procedures that define the rights, interests, protection, and transfer of intellectual property created by the District employees and students.

Reference: 17 U.S. Code Sections 101 et seq.; 35 U.S. Code Sections 101 et seq.; 37 Code of Federal Regulations Parts 1.1 et seq.

Students and employees who use District computers and networks and the information they contain, and related resources have a responsibility not to abuse those resources and to respect the rights of others. The Superintendent/President or designee, shall establish procedures for the appropriate use of information technologies. The procedures shall include that users must respect software copyrights and licenses, respect the integrity of computer-based information resources, refrain from seeking to gain unauthorized access, and respect the rights of other computer users.

References: Education Code Section 70902; Government Code Section 3543.1 subdivision (b); Penal Code Section 502; Cal. Const. Art. 1 Section 1; 17 U.S. Code Sections 101 et. seq.

Any claims against the District for money or damages, which are not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title I, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of the California Government Code.

Claims must be presented according to this policy and related procedures as a prerequisite to filing suit against the District.

Claims that are subject to the requirements of this policy include, but are not limited to, the following:

Claims by public entities: claims by the state or by a state department or agency or by another public entity.

Claims for fees, wages and allowances: claims for fees, salaries or wages, mileage, or other expenses and allowances.

The designated place for service of claims, lawsuits or other types of legal process upon the District is:

Mendocino College
Office of the Vice Presidents
1000 Hensley Creek Road
Room 1020
Ukiah, CA 95482

Reference: Education Code Section 72502; Government Code Sections 900 et seq., 910, and 935

The Board shall consider all gifts, donations and bequests made to the District. The Board delegates to the Superintendent/President the authority to accept or decline donations that are valued at less than $5,000. The Board and/or the Superintendent/President reserves the right to refuse to accept any gift which does not contribute toward the goals of the District, or the ownership of which would have the potential to deplete resources of the District.

The District shall assume no responsibility for appraising the value of gifts made to the District.

Acceptance of a gift shall not be considered an endorsement by the District of a product, enterprise or entity.

In no event shall the District accept a donation from a donor who engages in practices or policies which would be in violation of Board Policy
3410, Non-Discrimination when the stated purposes of the donation are to facilitate such discrimination in providing educational opportunity.

Reference: Education Code Section 72205

The Superintendent/President may order the flag of the United States to be lowered to half-staff whenever a proclamation to that effect has been issued by the Office of the President of the United States or the Office of the Governor of the State of California.

The Superintendent/President may order the flag of the United States to be lowered to half-staff in memory of a death of a person significant to the District.

References: Government Code: 430-439
Title 4, Sections 5-10 United States Code

Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy.

The college is a non-public forum, except for those areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The Superintendent/President shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums.

The administrative procedures promulgated by the Superintendent/President shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia.

Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District.

Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301(e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Violators may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected.

References: Education Code Sections 66301 and 76120

Use of Uncrewed Aircraft Systems (UAS) will be limited to activities organized and/or sponsored by Mendocino-Lake Community College
District departments. These may include scheduled classes, contract education, community extension, and activities scheduled by District departments to promote the work of the District. Use of UAS not associated, organized and/or sponsored by the District is prohibited.

The purpose of this policy is to provide guidance concerning the appropriate used of Uncrewed Aircraft Systems (UAS) by District entities as described above.
The policy requires that all UAS operations are performed in a manner that mitigates risks to safety, security, and privacy and ensurees compliance with all applicable laws.

The District shall maintain administrative procedures for reviewing Uncrewed Aircraft Systems flight plans, pilot licensure and educational use of UAS. The procedures shall follow FAA regulations and not allow any privileges beyond the scope allowed in FAA regulation part 107. All individuals engaged with operating Uncrewed Aircraft Systems should also be aware of California Civil Code regarding physical and constructive invations of privacy that may occur when entering airspace.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1708.8.&lawCode=CIV
Federal Aviation Administration (FAA) Small Unmanned Aircraft Regulations (Part 107)

Reference: Federal Aviation Administration (FAA) Small Unmanned Aircraft Regulations (Part 107)

The Superintendent/President shall, in consultation with the appropriate constituency groups, submit to the Board for approval an academic calendar.

Reference: Education Code Section 70902 subdivision (b)(12)

The programs and curricula of the District shall be of high quality, relevant to community and student needs, and evaluated regularly to ensure quality and currency. To that end, the Superintendent/President shall establish procedures for the development and review of all curricular offerings, including their establishment, modification, or discontinuance.

Furthermore, these procedures shall include:

appropriate involvement of the faculty and Academic Senate in all processes;

regular review and justification of programs and course descriptions;

opportunities for training for persons involved in aspects of curriculum development; and

consideration of job market and other related information for career and technical education programs.

The Board encourages the District to develop and offer programs and curricula in ethnic studies, programs and curricula that infuse a global perspective into the curricular offerings, and programs and curricula that include instruction on the perspectives of persons with low socioeconomic status in the topic.

All new programs and program discontinuances shall be approved by the Board of Trustees.

All new programs shall be submitted to the California Community Colleges Chancellor's Office for approval as required.

Individual degree-applicable credit courses offered as part of a permitted educational program shall be approved by the Board.
Non-degree-applicable credit and degree-applicable courses that are not part of an existing approved program must satisfy the conditions authorized by Title 5 regulations and shall be approved by the Board.

Credit Hour

Consistent with federal regulations applicable to federal financial aid eligibility, the District shall assess and designate each of its programs as either a "credit hour" program or a "clock hour" program.

The Superintendent/President will establish procedures which prescribe the definition of "credit hour" consistent with applicable
Title 5 and federal regulations, as they apply to community college districts.

The Superintendent/President shall establish procedures to assure that curriculum at the District complies with the definition of
"credit hour" or "clock hour," where applicable.

The Superintendent/President shall also establish procedure for using a clock-to-credit hour conversion formula to determine whether a credit hour program is eligible for federal financial aid. The conversion formula is used to determine whether such a credit-hour program has an appropriate minimum number of clock hours of instruction for each credit hour it claims.

References: Education Code Sections 70901 subdivision (b), 70902 subdivision (b), and 78016; Title 5 Sections 51000, 51022, 55002.5, 55100, 55130 and 55150; U.S. Department of Education regulations on the Integrity of Federal Student Financial Aid Programs under Title IV of the Higher
Education Act of 1965, as amended; 34 Code of Federal Regulations Sections 600.2, 602.24, 603.24, and 668.8; ACCJC Accreditation Standard 2

The Board of Trustees of Mendocino-Lake Community College District embraces the philosophy that general education is an integrated curriculum designed to prepare the student for better self-understanding and for the responsibilities of living in a global society.

Courses that are designated to fulfill the general education and depth requirements shall meet the following philosophy.

The awarding of an Associate degree is intended to represent more than an accumulation of units. It is to symbolize a successful attempt on the part of the college to lead students through patterns of learning experiences designed to develop certain capabilities and insights. Among these are the ability to think and to communicate clearly and effectively both orally and in writing; to use mathematics, to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems, and to develop the capacity for self- understanding.

In addition to these accomplishments, the student shall possess sufficient depth in some field of knowledge to contribute to lifetime interest.

Central to an Associate degree, general education is designed to introduce students to the variety of means through which people comprehend the modern world. It reflects the conviction of colleges that those who receive their degrees must possess in common certain basic principles, concepts, and methodologies both unique to and shared by the various disciplines. College educated persons must be able to use this knowledge when evaluating and appreciating the physical environment, the culture, and the society in which they live. Most important, general education should lead to better understanding.

In the establishing or modifying a general education program, ways shall be sought to create coherence and integration among the separate requirements. It is also desirable that general education programs involve students actively in examining values inherent in proposed solutions to major society problems.

The Superintendent/President shall establish procedures to assure that courses used to meet general education and associate degree requirements meet the standards in this policy. The procedures shall provide for appropriate Academic Senate involvement.

References: Title 5 Section 55061
ACCJC Accreditation Standard II.A

GENERAL PRINCIPLES ON ACADEMIC FREEDOM
The Board of Trustees believes that Mendocino College exists for the common good and not to further the interests of either the individual instructor or the institution as a whole.

The common good, therefore, depends upon the free search of knowledge and its free exposition.

It further believes that academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of knowledge. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the instructor in the teaching and of the student to freedom in learning. It carries with it duties correlative with rights.
ACADEMIC FREEDOM AND THE FACULTY

The District supports the definition of academic freedom provided by the 1940 Statement of Principles on Academic Freedom and Tenure, including the 1970 interpretive comments. That definition affirms:

1. The instructor is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
2. The instructor is entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. This right also carries with it the responsibility of the instructor to present to the best of their ability the pros and cons of such controversial ideas as they may discuss under the protection of academic freedom.
3. The college instructor is a citizen, a member of a profession, and an officer of an educational institution. When they speak or write as a citizen, they should be free from institutional censorship or discipline. As an individual of learning and an educational officer, they should make every effort to indicate that they are not an institutional spokesperson.

ACADEMIC FREEDOM AND STUDENTS

1. By engaging in academic study within the District, students should accept that they will study in an environment designed to present a full, open, and thoughtful range of academic insights, perspectives, and viewpoints and that they are likely to be exposed to conflicting and controversial views as a result.
2. Academic freedom allows students to take reasoned exception to the concepts and conclusions presented in any course of study in a manner that is consistent with the District's Code of Student Conduct. Students remain responsible, however, for learning the content of any course in which they are enrolled, and can expect to be evaluated on their knowledge of such information.

DISTRICT RESPONSIBILITIES AND SUPPORT

1. The District is committed to the full support of the principle of academic freedom within all its activities.
2. The District supports the freedom of all faculty to inquire, to teach controversial content, to model and encourage critical thinking, and to present multiple viewpoints within each discipline.
3. The District supports the freedom of all students to inquire, access the full range of information available, explore difficult and controversial material, develop and practice criticial thinking skills, and learn in a climate free of intimidation and conducive to the free exchange of ideas.
4. The District recognizes that the California Title 5 Code of Regulations (Section 55025) grants faculty the right and the professional responsibility to assign grades free from political influence, intimidation, or legal threat.

ROLE OF ACADEMIC SENATE

1. The Academic Senate shall establish a Committee on Academic Freedom to provide clarification and advice on professional matters relating to academic freedom.

References: Title 5 Section 51023; ACCJC Accreditation Eligibility Requirements 13 and 20; ACCJC Accreditation Standard 4.1

The District shall have library and learning support services that are an integral part of the institution's educational program and will comply with the requirements of the Reader Privacy Act.

Reference: Education Code, Section 78100; Civil Code Section 1798.90; ACCJC Accreditation Standard 2.7

The Superintendent/President shall establish procedures that assure appropriate articulation of the District's educational programs with proximate high schools and baccalaureate institutions.

The procedures also may support articulation with institutions, including other community colleges and those that are not geographically proximate but that are appropriate and advantageous for partnership with the District.

References: Education Code Sections 66720-66744; Title 5 Section 51022 subdivision (b); ACCJC Accreditation Standard 2

Students may audit courses.

The fee for auditing courses shall be charged at the current rate set by legislation. Students enrolled in classes to receive credit for ten or more semester credit units shall not be charged a fee to audit three or fewer semester units per semester.

No student auditing a course shall be permitted to change their enrollment to receive credit for the course.

Priority in class enrollment shall be given to students enrolled in the course for credit towards a degree or certificate.

Reference: Education Code Section 76370

The District grants the degrees of Associate in Arts and Associate in Science to those students who have completed the subject requirements for graduation and who have maintained a 2.0 average in subjects attempted. Students must also complete the general education, residence and competency requirements set forth in Title 5 regulations.

Students may be awarded a Certificate of Achievement upon successful completion of a minimum of 16 or more semester units of degree-applicable coursework designed as a pattern of learning experiences designed to develop certain capabilities that may be oriented to career or general education.

The Superintendent/President shall establish procedures to determine degree and certificate requirements that include appropriate involvement of the local curriculum committee. The procedures shall assure that graduation requirements are published in the District's catalog(s) and included in other resources that are convenient for students.

References: Education Code Section 70902(b)(3); Title 5 Sections 55060 et seq.

It is the policy of the Mendocino-Lake Community College District to provide instruction in a variety of modalities including distance education. Distance education instruction will be offered in a manner consistent with law and good practice.

Reference: Title 5, Section 55370 et seq.; Section 55200 et seq.

The Superintendent/President shall establish procedures that define standards of scholarship consistent with the provisions of Title 5 Sections 51002, 55020 et seq., 55030 et seq., 55040 et seq., 55050 et seq., and Board policy.

These procedures shall address: grading practices, academic record symbols, grade point average, credit for prior learning, academic and progress probation, academic and progress dismissal, academic renewal, course repetition, limits on remedial coursework, and grade changes.

These procedures shall be described in the Mendocino-Lake Community College District catalogs.

References: Education Code Section 70902 subdivision (b)(3); Title 5 Sections 51002, 55020 et seq., 55031 et seq., 55040 et seq., and 55050 et seq.

Students may repeat courses in which substandard grades (less than "C", and including "FW") were earned. The Board has determined reasonable limitations on course repetition as described in AP 4225.1 titled Course Repetition.

When course repetition occurs, the permanent academic record shall be annotated in such a manner that all work remains legible, ensuring a true and complete academic history.

Under special circumstances, students may repeat courses in which a "C" or better grade was earned. The special circumstances are defined in AP 4225.1.

Reference: Title 5, Sections 55040 55041, 55042, 55044, and 58161

The Superintendent/President shall establish procedures to ensure that students may only enroll in two or more sections of the same credit course during the same term if the length of the course provides that the student is not enrolled in more than one section at any given time.

The Superintendent/President shall establish procedures to ensure that students may only enroll in two or more courses where the meeting times overlap under the conditions specified in Title 5 Section 55007.

Reference: Title 5 Section 55007

Courses shall be graded using the grading system established by Title 5.

The grading system shall be published in the college catalog(s) and made available to students.

The grading system shall include the "CP" for credit earned through successful completion of prior learning examinations, experiences, or assessments, pursuant to standard articulated in the District's administrative procedures and approved by the faculty in the appropriate discipline for which prior learning credit is earned.

Reference: Title 5, Sections 55023 and 55050 et seq.

The Superintendent/President shall implement procedures to assure the accuracy and integrity of all grades awarded by faculty. The procedures shall include, but not necessarily be limited to, the following:

Assurance that in the absence of mistake, bad faith, fraud or incompetence, the grades awarded by faculty shall be final.

Procedures for students to challenge the correctness of a grade.

The installation of security measures to protect grade records and grade storage systems from unauthorized access.

Limitations on access to grade records and grade storage systems.

Discipline for students or staff who are found to have gained access to grade records without proper authorization or to have changed grades without proper authorization.

Notice to students, faculty, transfer institutions, accreditation agencies and law enforcement agencies if unauthorized access to grade records and grade storage systems is discovered to have occurred.

Also see BP 3310 titled Records Retention and Destruction, AP 4231.1 titled Grade Changes, and BP/AP 5040/5040.1 titled Student Records.

References:

Education Code Sections 76224 and 76232; Title 5 Section 55025

Credit may be earned by students who satisfactorily pass an assessment or examination for approved courses. Administrative
Procedre 4235.1 describes the procedures that implement this policy.

Reference: Title 5 Sections 55050 et seq.

Previously recorded substandard academic performance may be disregarded if it is not reflective of a student's demonstrated ability. The Superintendent/President shall establish procedures that provide for academic renewal.

Reference: Title 5 Section 55046

Probation

A student shall be placed on academic probation is they have attempted a minimum of 12 semester units of work and have a grade point average of less than a "C" (2.0).

A student shall be placed on progress probation if they have enrolled in a total of at least 12 semester units and the percentage of all units in which the student has enrolled, for which entries of "W", "I", "NC", and "NP" were recorded reaches or exceeds 50 percent.

A student who is placed on probation may submit an appeal in accordance with procedures to be established by the Superintendent/President.

A student on academic probation shall be removed from probation when the student's accumulated grade point average is 2.0 or higher. A student on progress probation shall be removed from probation when the percentage of units in the categories of
"W", "I", "NC", and "NP" drops below 50 percent.

Dismissal

A student who is on academic probation shall be subject to dismissal f the student has earned a cumulative grade point average of less than 2.0 in all units attempted in each of three consecutive semesters.

A student who is on progress probation shall be subject to dismissal if the cumulative percentage of units in which the student has been enrolled for which entries of "W", "I", "NC", and "NP" are recorded in at least three consecutive semesters reaches or exceeds 50 percent.

A student who is subject to dismissal may submit a written appeal in compliance with administrative procedures. Dismissal may be postponed and the student continued on probation if the student provides evidence of extenuating circumstances or shows significant improvement in academic achievement.

Readmission

A student who has been dismissed may request reinstatement by following the process outlined in Administrative Procedure
4255.1 - Dismissal and Readmission.
Readmission may be granted, denied, or postponed according to criteria contained in the administrative procedure.

The Superintendent/President or designee, in consultation with the Academic Senate shall develop procedures for the implementation of this policy that comply with Title 5 requirements.

The Superintendent/President shall develop and provide to the Board for review annually a report of the number of students who were placed on probation, dismissed, and reinstated. This report must disaggregate the students by race, age, gender, or any other characteristics identified by the Board.

References: Education Code Section 70902 subdivision (b)(3); Title 5 Sections 55031through 55034

The Superintendent/President is authorized to establish pre-requisites, co-requisites and advisories on recommended preparation for courses in the curriculum. All such pre-requisites, co-requisites, and advisories shall be established in accordance with the standards set out in Title 5. Any pre-requisites, co-requisites or advisories shall be necessary and appropriate for achieving the purpose for which they are established. The procedures shall include a way in which a pre- requisite or co-requisite may be challenged by a student on grounds permitted by law. Pre-requisites, co-requisites, and advisories shall be identified in District publications available to students.

References: Title 5 Sections 55000 and 55003

The Superintendent/President shall establish procedures that regulate the use of District funds for student travel and attendance at conferences and other activities that are performed as a class assignment or co-curricular activity.

The District may pay for expenses of students participating in a field trip or excursion with auxiliary, grant or categorical program funds if the funds are used consistently with the funding source. The expenses of instructors, chaperones, and other personnel traveling with students may also be paid from District funds.

Students and staff shall at all times adhere to the standards of conduct applicable to conduct on campus.

Reference: Title 5 Section, 55220; Government Code Section 11139.8

Mendocino-Lake Community College District may offer community service classes, also known as Community Extension classes (ComEx).

Community Extension courses are designed to provide for the physical, mental, moral, economic or civic development of the individuals or groups enrolled therein.

No General Fund monies may be expended to establish or maintain community services courses. The District may charge students enrolled in community service classes a fee not to exceed the cost of maintaining said classes. The District may also offer courses and receive remuneration by contract, or with monetary contributions or donations of individuals or groups.

Community services courses shall be open for admission for adults and minors who can benefit from the programs.

Reference: Education Code Section 78300

Mendocino College may offer contract education credit, not for credit, or non credit courses or services to public or private entities. (Education Code 78020)

Contract Education Programs may be established in state or out of state by agreement with any public or private agency, corporation, association, or any other person or body to provide specific education programs or training to meet specific needs of these bodies. (Education Code 78021)

Apportionment can only be collected if all statutory and regulatory conditions are met.

The Board encourages the College to work closely with local businesses, public entities and industry to meet the economic development and employment training and support service needs of the community.

In accord with this policy, the Board supports the provision of academic, vocational education, job training (or retraining), and employer specific contract education program.

The Superintendent/President is directed to develop appropriate procedures to implement this policy.

Reference: Education Code 78020, 78021, 78022
Title 5, Section 55170

The District shall admit students who meet one of the following requirements and who are capable of profiting from the instruction offered:

Any person over the age of 18 or possessing a high school diploma or its equivalent.

Other persons who are over the age of 18 years and who, in the judgment of the Superintendent/President or their designee are capable of profiting from the instruction offered. Such persons shall be admitted as provisional students, and thereafter shall be required to comply with the District's rules and regulations regarding scholastic achievement and other standards to be met by provisional or probationary students as a condition to being readmitted in any succeeding semester.

Persons who are apprentices as defined in Section 3077 of the Labor Code.

The District may deny or place conditions on a student's enrollment upon finding by the Board or designee that the applicant has been expelled within the preceding five years or is undergoing expulsion procedures in another California Community
College district, and that the applicant continues to present a danger to the physical safety of the students and employees of the District.

The District shall in its discretion, or as otherwise federally mandated, evaluate the validity of a student's high school completion.
The Superintendent/President shall establish procedures for evaluating the validity of a student's high school completion.

Admission

Any student whose age or class level is equal to grades 9-12 is eligible to attend as a special part-time student for advanced scholastic or vocational courses.

Any student whose age or class level is equal to grades 11-12 is eligible to attend as a special full-time student.

Any student in an adult education program administered by a school district or noncredit program administered by a community college district that is pursuing a high school diploma or high school equivalency certificate and receives the recommendation of the administrator of the student's adult school or noncredit program of attendance, is eligible to attend as a special part-time student.

Any students enrolled in grades 9-12 may attend summer session. The Superintendent/President or their designee shall establish procedures regarding ability to benefit and admission of high school and younger students.

Denial of Requests for Admission

If the Board denies a request for special full-time or part-time enrollment by a pupil who is identified as highly gifted, the Board will record its findings and the reason for denying the request in writing within 60 days.

The written recommendation and denial shall be issued at the next regularly scheduled Board meeting that occurs at least 30 days after the pupil submits the request to the district.

The Superintendent/President or their designee shall establish procedures regarding evaluation of requests for special full-time or part-time enrollment by a pupil who is identified as highly gifted.

Claims for State Apportionment for Concurrent Enrollment

Claims for state apportionment submitted by the District based on enrollment of high school pupils shall satisfy the criteria established by statute and any applicable regulations of the Board of Governors.

The Superintendent/President or his or her designee shall establish procedures regarding compliance with statutory and regulatory criteria for concurrent enrollment.

Reference: Education Code Sections 52620, 52621, 76000, 76001, 76002 and 76038; Labor Code Section 3077; 34 Code of Federal Regulations Section 668.16(p) (U.S. Department of Education regulations on the Integrity of Federal
Student Financial Aid Programs under Title IV of the Higher Education Act of 1965, as amended); ACCJC Accreditation Standard 2

Except for students seeking to enroll exclusively in career development and college preparation courses, and other courses for which no credit is given, students shall be classified at the time of each application for admission or registration as a resident or nonresident student.

A resident is any person who has been a bona fide resident of California for at least one year on the residence determination date. The residence determination date shall be the day immediately preceding the first day of a semester or summer session for which the student applies to attend. Notwithstanding, this standard for determining bona fide California residency, a student with military or veteran status may be deemed to qualify as a California resident for in-state tuition eligibility, in accordance with state and federal law.
Any Team USA student athlete who trains in the state in an elite level program approved by the United States Olympic and Paralympic Committee is entitled to resident classification for tuition and fee purposes until the athlete has resided in the state the minimum time necessary to become a resident.

Residence classification shall be made for each student at the time applications for admission are accepted or registration occurs and whenever a student has not been in attendance for more than one semester. A student previously classified as a nonresident may be reclassified as of any residence determination date.

The Superintendent/President shall enact procedures to assure that residence determinations are made in accordance with Education Code and Title 5 Regulations.

References: Education Code Sections 68040, 68083, 68086, and 76140; Title 5 Sections 54000 et seq.
38 U.S. Code Section 3679

Nonresident students shall be charged nonresident tuition for all units enrolled, unless specifically required otherwise by law.

Not later than March 1 of each year, the Superintendent/President shall bring to the Board for approval an action to establish nonresident tuition for the following fiscal year. The fee shall be calculated in accordance with guidelines contained in applicable state regulations and/or the California Community Colleges Attendance Accounting Manual.

The Superintendent/President shall establish procedures regarding collection, waiver, and refunds of nonresident tuition.

References: Education Code Sections 68050, 68051, 68130, 68130.5, 76140, and 76141; Title 5 Section 54045.5

5/14/2025
The Board of Trustees authorizes the following fees. The Superintendent/President shall establish procedures for the collection, deposit, waiver, refund, and accounting for fees as required by law. The procedures shall also assure those who are exempt from or for whom the fee is waived are properly enrolled and accounted for. Fee amounts shall be published in the college catalogs, printed schedule of classes, and college website.

Enrollment Fee (Education Code Section 76300)
Each student shall be charged a fee for enrolling in credit courses as required by law.

Baccalaureate Degree Fee (Title 5 Section 58501)
Students enrolled in upper-division coursework in a baccalaureate degree program shall be charged a per unit fee in addition to the enrollment fee.

Course Auditing Fees (Education Code Section 76370)
Person auditing a course shall be charged a fee of $15 per unit per semester. The fee amount shall be adjusted proportionally based upon the term length. Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged this fee to audit three or fewer units per semester.

Duplication Diploma/Certificate Fee
A fee will be charged for a duplicate diploma/certificate.

Health Fee (Education Code Section 76355)
The District shall charge each enrolled student a fee of $10 for health supervision and services.

International Student Application Processing Fee (Education Code Section 76142)
The District shall charge students who are both citizens and residents of a foreign country a fee to process their application for admission. This processing fee and regulations for determining economic hardship may be established by the Superintendent/President. The fee shall not exceed the lesser of 1) the actual cost of processing an application and other documentation required by the U.S. government; or 2) one hundred dollars ($100), which shall be deducted from the tuition fee at the time of enrollment.

Instructional Materials (Education Code Section 76365; Title 5 Sections 54221 and 59400 et seq.)
Students may be required to provide required instructional and other materials for a credit or non-credit course, provided such materials are of continuing value to the student outside the classroom and provided that such materials are not solely or exclusively available from the District. The District shall ensure student access to textbooks and supplemental materials on the first day of class or strengthen student access to other instructional materials before their required use.

Student Center Fee
A mandatory $1.00 per unit fee, up to $5.00 maximum per term, is charged as established by two-thirds of students voting in an election for the purpose of financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center. This fee is charged to all students enrolled in fall and spring terms.

Student Representation Fee (Education Code Section 76060.5)
Students will be charged a $2.00 fee per semester to be used to provide support for student governmental affairs representation. A student may refuse to pay the fee and shall submit such refusal on a form provided by the District to collect fees.

Transcript Fees (Education Code Section 76223)
The District shall charge a reasonable amount for furnishing copies of any student record to a student or former student.
The Superintendent/President is authorized to establish the fee, which shall not exceed the actual cost of furnishing copies of any student record. No charge shall be made for furnishing up to two transcripts of students' records, or for two verifications of various records. There shall be no charge for searching for or retrieving any student record.

References: Education Code Sections 76300 et seq.: Title 5 Sections 54221 and 58501; ACCJC Accreditation Eligibility Requirement 20

The District must provide a student or former student with written notice that they have failed to pay a financial obligation due to the District before the District commences any activity to collect the debt.
The District may not withhold grades or transcripts for a student or former student as a consequence of the student’s outstanding financial obligation to the District. The District may not withhold registration privileges for a student or former student as a consequence of defaulting on a loan or loans under the Federal Family Education Loan Program only. The District may withhold diplomas as a consequence for a student or former student of defaulting on a loan.

References: Education Code: 66022; Title 5 Section 59410

The Mendocino Lake Community College District shall assure that student records are maintained in compliance with applicable federal and state laws relating to the privacy of student records. The District will establish and maintain information on students relevant to admissions, registration, academic history, career, student benefits services, extra-curricular activities, counseling and guidance, discipline or matters relating to student conduct and shall establish and maintain such other information as is required by law.

Custodian of Records:

The Superintendent-President or designee shall assure that student records are maintained in compliance with applicable federal and state laws relating to the privacy of student records.

Records Safeguards:

The Superintendent-President or designee may direct the implementation of appropriate safeguards to assure that student records cannot be accessed or modified by any person not authorized to do so.

Student Access to Records:

Any currently enrolled or former student of the District has a right of access to any and all student records relating to them maintained by the District. The Superintendent/President shall implement a system by which current students can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law. Upon the request of a current student, the District shall update any records for the student to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include but are not limited to District-issued email addresses, student identification cards, class rosters, unofficial or official transcripts, diplomas, certificates of completion of courses, or similar records. Upon request by a former student of the District, the District will update and reissue student records to include an updated legal name or gender. These documents include but are not limited to a diploma conferred by the institution.
The District cannot require a current student to provide legal documentation to demonstrate a legal name or gender change in order to have the student's affirmed name listed on the student's records.

The District may use a student's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the student in accordance with the student's gender identity and affirmed name.

Release of Student Records:

No District representative shall release the contents of a student record to any member of the public without the prior written consent of the student, other than directory information as defined in this policy and information sought pursuant to a court order or lawfully issued subpoena, or as otherwise authorized by applicable federal and state laws.

Notification of Student Rights:

Students shall be notified of their rights with respect to student records, including the definition of directory information defined below, and that they may limit the information.

Directory Information:

Directory information shall include:

1. Student participation in officially recognized activities and sports including weight, height and high school of graduation of athletic team members;
2. Degrees and awards received by students, including honors, scholarship awards, athletic awards and, Dean's List recognition.

References: Education Code Sections 66093.3, 66271.4 et seq. and 76200 et seq.; Title 5 Sections 54600 et seq.; 20 U.S. Code Section 1232g subdivision (j); ACCJC Accreditation Standard 2

The District shall provide Student Success and Support Program services to students for the purpose of furthering equality of educational opportunity and academic success. The purpose of Student Success and Support Program services is to bring the student and the District into agreement regarding the student's educational goal through the District's established programs, policies, and requirements.

The District shall also operate a Mathematics, Engineering, Science Achievement (MESA) program consistent with Title 5 regulations.

The Superintendent/President shall establish procedures to assure implementation of Student Success and Support Program services that comply with the Title 5 regulations.

References: Education Code Sections 78210 et seq.; and 88682
Title 5 Sections 55500 et. seq. and 56300 et seq.
ACCJC Accreditation Standard 2

The policy of Mendocino-Lake Community College District is that, unless specifically exempted by statute or regulation, every course, course section, or class, reported for state aid, wherever offered and maintained by the District, shall be fully open to enrollment and participation by any person who has been admitted to the college and who meets such prerequisites as may be established pursuant to regulations contained in Article 2.5 (commencing with Section 55003) of Subchapter 1 of Chapter 6 of Division 6 of Title 5 of the California Code of Regulations.

The Superintendent/President shall ensure that this policy is published in catalog(s) and schedule(s) of classes.

Reference: Title 5, Section 51006

All courses of the District shall be open to enrollment, subject to a priority system that may be established. Enrollment also may be limited to students meeting properly validated prerequisites and co-requisites, or due to other practical considerations.

The Superintendent/President shall establish procedures defining enrollment priorities, limitations, and processes for student challenge, which shall comply with Title 5 regulations.

References: Title 5 Sections 51006, 58106, and 58108

Counseling services are an essential part of the educational mission of the District.

The Superintendent/President shall assure the provision of counseling services including academic, career, and personal counseling that is related to the student's education.

Counseling shall be required for all first time students enrolled in more than six units, students enrolled provisionally, and students on academic or progress probation.

References: Education Code Section 72620; Title 5 Section 51018; ACCJC Accreditation Standard 2.7

The District incorporates as part of its mission the transfer of its students to baccalaureate level institutions. The District further recognizes that students who have historically been underrepresented in transfer to baccalaureate level institutions are a special responsibility.

The Superintendent/President shall assure that a transfer center plan is implemented that identifies appropriate target student populations, is designed to increase the transfer applications of underrepresented students and complies with law and regulations.

Reference: Education Code Section 66720 through 66744; Title 5 Section 51027

A program of financial aid to students will be provided, which may include, but is not limited to, scholarships, grants, loans, and work and employment programs.

All financial aid programs will adhere to guidelines, procedures and standards issued by the funding agency, and will incorporate
Federal, State, and other applicable regulatory requirements.

The Superintendent/President shall establish, publicize, and apply satisfactory academic progress standards for participants in Title IV student aid programs.

Misrepresentation

Consistent with the applicable federal regulations for federal financial aid, the District shall not engage in substantial misrepresentation of 1) the nature of its educational program, 2) the nature of its financial charges, or 3) the employability of its graduates.

The Superintendent/President shall establish procedures for regularly reviewing the District's website and other informational materials for accuracy and completeness and for training District employees and vendors providing educational programs, marketing, advertising, recruiting, or admission services concerning the District's educational programs, financial charges, and employment of graduates to assure compliance with this policy.

The Superintendent/President shall establish procedures wherein the District shall periodically monitor employees and vendors communications with prospective students and members of the public and ensure corrective action is taken where needed.

This policy does not create a private cause of action against the District or any of its representatives or service providers. The District and its Governing Board do not waive any defenses or governmental immunities by enacting this policy.
Scholarship Displacement
The District shall not engage in scholarship displacement. The Superintendent/President shall establish procedures that provide

that the District shall not reduce the institutional gift aid offer of a student who is eligible to receive a federal Pell Grant award or financial assistance under the California Dream Act for an academic year as a result of private scholarship awards designated for the student unless the student's gift aid exceeds the student's annual cost of attendance.

References: Education Code Sections 66021.6, 70045 et seq., and 76300; 20 U.S. Code Sections 1070 et seq; 34 Code of Federal Regulations Part 668 (U.S. Department of Education regulations on the Integrity of Federal Student
Financial Aid Programs under Title IV of the Higher Education Act of 1965, as amended);

ACCJC Accreditation Standard 3

Students with disabilities shall be reasonably accommodated pursuant to federal and state requirements in all applicable programs in the District.

The Disabled Student Programs and Services (DSPS) program shall be the primary provider for academic adjustments, auxiliary aids, services, or instruction that facilitate equal educational opportunities for disabled students who can profit from instruction as required by federal and state laws.

DSPS services shall be available to students with verified disabilities. The services to be provided include, but are not limited to, reasonable accommodations, academic adjustments, technology accessibility, accessible facilities, equipment, instructional programs, rehabilitation counseling and academic counseling.

No student with disabilities is required to participate in the DSPS program.

The District shall respond in a timely manner to accommodation requests involving academic adjustments. The Superintendent/President shall establish a procedure to implement this policy which, at a minimum, provides for an individualized review of each such request, and permits interim decisions on such requests pending final resolution by the appropriate administrator or designee.

The Superintendent/President shall assure that the DSPS program conforms to all requirements established by the relevant law and regulations.

Reference: Education Code Sections 67310 and 84850; Title 5 Sections 56000 et seq.

Support services and programs that are in addition to the traditional student services programs shall be provided in order to assist students who have language, social, and economic disadvantages to succeed academically in the District.

The Extended Opportunity Programs and Services (EOPS) program is established to provide services that may include, but are not limited to, outreach, recruitment, orientation, assessment, tutorial services, counseling and advising, and financial aid.

The Superintendent/President or designee shall assure that the EOPS program conforms to all requirements established by the relevant law and regulations.

References: Education Code Sections 69640 through 69656; Title 5 Sections 56200 et seq.

The District shall assure that students are covered by accident insurance in those instances required by law or contract.

References: Education Code Section 72506

The Superintendent/President shall establish procedures necessary to assure cooperation with local public health officials in measures necessary for the prevention and control of communicable diseases in students.

References: Education Code Section 76403

The Superintendent/President shall establish procedures necessary to make on-campus shower facilities available to any student including homeless students who are enrolled in coursework, have paid enrollment fees, and are in good standing with the district.

Reference: Education Code Section 76011

The Board of Trustees is committed to assuring student equity in educational programs and college services. The Superintendent/President shall establish and implement a Student Equity Plan that meets the Title 5 standards and ensures that all students, especially underrepresented students, have the opportunity to achieve their academic goals.

References: Education Code Sections 66030, 66250 et seq., and 72010 et seq.; Title 5 Section 54220

The Board of Trustees of Mendocino-Lake Community College District and College administration encourages and support students to form their own government to represent the students at the College and conduct activities not in conflict with the authority and responsibility of the District.

The students of the District are authorized to organize a student body association. The Board hereby recognizes that association as the Associated Students of Mendocino College.

The Associated Students organization is recognized as the official voice for the students in district decision-making processes.
It may conduct other activities as approved by the Superintendent/President. The Associated Students activities shall not conflict with the authority or responsibility of the Board or its officers or employees.

The Associated Students shall conduct itself in accordance with state laws and regulations and administrative procedures established by the Superintendent/President.

The Associated Students shall be granted the use of District premises subject to such administrative procedures as may be established by the Superintendent/President. Such use shall not be construed as transferring ownership or control of the premises.

Reference: Education Code Section 76060

The Associated Students of Mendocino College (ASMC) shall conduct annual elections to elect officers. The elections shall be conducted in accordance with procedures established by the Superintendent/President.

Any student elected as an officer of the Associated Students of Mendocino College (ASMC) shall meet any of the following requirements:

The student shall be enrolled in the District at the time of election and throughout the student's term of office, with a minimum of five (5) semester units.

The student shall meet and maintain the minimum standards of scholarship (See Board Policy 4220 - Standards of Scholarship and related administrative procedures).

The student shall be enrolled in an adult education program offered by the District at the time of election and throughout the student's term.

The student is enrolled in the District at the time of election, and throughout the student's term, and is a disabled student.

Reference: Education Code Section 76061

Associated Students of Mendocino College (ASMC) funds shall be deposited with and disbursed by the Superintendent/President.

The funds shall be deposited, loaned, or invested in one or more of the ways authorized by law.

All funds shall be expended according to procedures established by the Associated Students of Mendocino College (ASMC), subject to approval of each of the following three persons, which shall be obtained each time before any funds may be expended:

The Superintendent/President or designee;

the employee who is the designated advisor of the particular student body organization; and

a representative of the student body organization.

The funds of the Associated Students of Mendocino College (ASMC) shall be subject to an annual audit.

Reference: Education Code Section 76063-76065

The Superintendent/President shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of the federal and state law and regulations.

The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions, including but not limited to the removal, suspension, or expulsion of a student.

The Board shall consider any recommendation from the Superintendent/President for expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting.
Final action by the Board on the expulsion shall be taken at a public meeting.

The procedures shall be made widely available to students through the college catalog and other means.

The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension, or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under Board Policy 3433 - Prohibition of Sexual Harassment under Title IX:

Causing, attempting to cause, or threatening to cause physical injury to another person.
Possession, sale or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife, or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a District employee, which is concurred by the college
Superintendent/President.
Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.
Committing or attempting to commit robbery or extortion.
Causing or attempting to cause damage to District property or to private property on campus.
Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.

Sexual assault or sexual exploitation regardless of the victim's affiliation with the District.
Committing sexual harassment as defined by law or by District policies and procedures.
Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
Engaging in intimidating conduct or bullying against another student or college personnel, through words or actions, including direct physical contact; verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.
Willful misconduct which results in injury or death to a student or to college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty.
Dishonesty, forgery, alteration or misuse of college documents, records or identification; or knowingly furnishing false information to the District.
Unauthorized entry upon or use of college facilities.
Lewd, indecent, or obscene conduct on District-owned or controlled property or at District-sponsored or supervised functions.
Engaging in expression which is obscene; libelous, or slanderous; or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the District.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any District policy or administrative procedure.

Reference: Education Code 66300, 66301, and 76120; ACCJC Accreditation Standard 2

The Board of Trustees of Mendocino-Lake Community College District encourages students to form their own clubs and join organizations to conduct activities that enhance the student learning experience.

The Vice President of Student Services or designee will develop the appropriate rules and regulations to support the activities of the student clubs and organizations.

Reference: Education Code Sections 76060, 76062

The District shall work with local law enforcement agencies to monitor and record criminal activity at off-campus locations owned or controlled by student organizations officially recognized by the District or used to support the District's educational purpose.

This policy includes student organizations with off-campus housing facilities.

Reference: 34 Code of Federal Regulations Section 668.46 subdivision (b)(7)

The Superintendent/President or designee shall establish procedures that regulate the solicitation of student credit cards on campus.

References: Education Code 99030
Title 5, Section 54400; Civil Code Section 1747.02 subdivision (m);

The District recognizes that athletic programs contribute to the social and cultural dimensions of the educational experience of its students. With this in mind, the District may maintain an organized program for students in intercollegiate athletics. The District will offer opportunities for participation in athletics equally to all students consistent with state and federal law and California Community College Athletic Association standards.

The Superintendent/President shall assure that the athletics program complies with state and federal law, the California
Community College Athletic Association (CCCAA) Constitution, Bylaws, and Sport Championship Handbooks, and appropriate
Conference Constitution regarding student athlete participation.

References: Education Code: 78223, 66271.6, 66271.8, 67360 et seq., and 67459; 20 U.S. Code Sections 1681 et seq.; California Community College Athletic Association (CCCAA) Constitution and CCCAA Bylaws

The Board of Trustees of Mendocino-Lake Community College District believes that the goals and objectives of the District are best achieved by a diversity of learning experiences, some of which are more appropriately conducted outside the regular classroom environment. These activities may include intercollegiate activities as well as District activities.

All learning experiences offered by the District, curricular and co-curricular, should be planned and integrated toward the attainment of the District goals and objectives.

All co-curricular activities must be approved by the Vice President of Student Services and the Vice President of Academic
Affairs and shall be under the direct supervision of Mendocino College faculty/staff.

The District is required to provide for the identification, detection, and response to patterns, practices, or specific activities ("Red
Flags") that could indicate identity theft of students when the District serves as a creditor in relation to its students. When applicable, the Chief Information Officer is directed to develop procedures to implement an Identity Theft Prevention Program
(ITPP) to control reasonably foreseeable risks to students from identity theft.

References: 15 U.S. Code Section 1681m subdivision (e), Fair and Accurate Credit Transactions Act (FACT Act or FACTA)

The Board delegates to the Superintendent/President or designee the authority to supervise the general business procedures of the District to assure the proper administration of property and contracts; the budget, audit and accounting of funds; the acquisition of supplies, equipment and property; and the protection of assets and persons. All transactions shall comply with applicable laws and regulations, and with the California Community Colleges Budget and Accounting Manual.

No contract shall constitute an enforceable obligation against the District until it has been approved or ratified by the Board. (see
BP 6340 titled Bids and Contracts).

The Superintendent/President shall make appropriate periodic reports to the Board and shall keep the Board fully advised regarding the financial status of the District.

References: Education Code Sections 70902(D), 81655, and 81656

Authority to sign orders and other transactions on behalf of the Board is delegated to the Superintendent/President and other officers appointed by the Superintendent/President.

References: Education Code Sections 85232 and 85233

The Board of Trustees of the Mendocino-Lake Community College District recognizes that, in return for program and college support, it may be appropriate to post commercial signage on a temporary basis; not to exceed 30 days without prior approval of the appropriate Vice President and/or Superintendent/President.

Posting of temporary commercial advertising will be limited to the following locations:

The perimeter fences of the softball and baseball fields and the field stadium.

The scoreboards of the gymnasium and the athletic fields.

At on-campus locations where district-approved events/activities are taking place.

Construction sites.

No commercial signage will be permitted on any other District buildings, structures or spaces.

Additionally:

No permanent signs will be attached to fences.

All signs are to be of an appropriate size for each facility.

All signs will be subject to review and approval by the appropriate Vice President and/or Superintendent/President.

The following types of advertising are prohibited:

Signs for tobacco or tobacco related products, gambling, and alcohol and drug products.

Signs which are for products that are politically partisan, controversial or offensive to the general population.

Each year, the Superintendent/President shall present to the Board a budget, prepared in accordance with Title 5 and the California Community Colleges Budget and Accounting Manual. The schedule for presentation and review of budget proposals shall comply with state law and regulations, and provide adequate time for Board study.

Budget development shall meet the following criteria: The annual budget shall support the District's master and educational plans.
Assumptions upon which the budget is based are presented to the Board for review.
A schedule is provided to the Board by December 31 of each year that includes dates for presentation of the tentative, required public hearing(s), Board study session(s), and approval of the final budget. At the public hearings, interested persons may appear and address the Board regarding the proposed budget or any item in the proposed budget.
Changes in the assumptions upon which the budget was based shall be reported to the Board in a timely manner.
Budget projections address long-term goals and commitments.

References: Education Code Section 70902 subdivision (b)(5); Title 5 Sections 58300 et seq.
ACCJC Accreditation Standard 3

The budget shall be managed in accordance with Title 5 and the California Community Colleges Budget and Accounting
Manual. Budget revisions shall be made only in accordance with these policies and as provided by law.

Each year the Board will review and approve budget parameters to inform budget development for the coming year.

The District's unrestricted general fund reserves shall be a minimum of two months of regular general fund operating expenditures or revenues, consistent with the Budgeting Best Practices published by the Government Finance Officers
Association.

Revenues accruing to the District in excess of amounts budgeted shall be added to the District's reserve for contingencies. They are available for appropriation only upon a resolution of the Board that sets forth the need according to major budget classifications in accordance with applicable law.

Board approval is required for changes between major expenditure classifications. Transfers from the reserve for contingencies to any expenditure classification must be approved by a two-thirds vote of the members of the Board. Transfers between expenditure classifications must be approved by a majority vote of the members of the Board.

See Administrative Procedure #6250.1

References: Title 5 Sections 58307 and 58308

The Superintendent/President shall establish procedures to assure that the District's fiscal management is in accordance with the principles contained in Title 5 Section 58311, including:

Adequate internal controls exist.

Fiscal objectives, procedures, and constraints are communicated to the Board and employees.

Adjustments to the budget are made in a timely manner, when necessary.

The management information system provides timely, accurate, and reliable fiscal information.

Responsibility and accountability for fiscal management are clearly delineated.

The Superintendent/President shall also establish procedures that satisfy the U.S. Education Department General
Administrative Regulations (EDGAR) Second Edition for any federal funds received by the District.

The books and records of the District shall be maintained pursuant to the California Community Colleges Budget and Accounting Manual.

As required by law, the Board shall be presented with a quarterly report showing the financial and budgetary conditions of the District.

As required by the California Community Colleges Budget and Accounting Manual, expenditures shall be recognized in the accounting period in which the liability is incurred, and shall be limited to the amount budgeted for each major classification of accounts and to the total amount of the budget for each fund.

References: Education Code Section 84040 subdivision (c);

Title 5 Section 58311; ACCJC Accreditation Standard 3; 2 Code of Federal Regulations Parts 200.302 subdivision (b)(6)-(7), 200.305, and 200.400 et seq.

The Superintendent/President shall establish procedures to ensure the District professionally manages its debt and fulfills its annual debt issuance reporting requirements to the California Debt and Investment Advisory Commission.

Procedures shall include:

The purposes for which the debt proceeds may be used.

The types of debt that may be issued.

The relationship of the debt to, and integration with, the District's capital improvement program or budget, if applicable.

Policy goals related to the District's planning goals and objectives.

The internal control procedures that the District has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use.

References: Government Code Section 8855

The Superintendent/President or designee is responsible for ensuring that the funds of the District are invested that are not required for the immediate needs of the District. Investments shall be in accordance with law, including California Government
Code Sections 53600 et seq.

Investments shall be made based on the following criteria:

The preservation of principal shall be of primary importance.

The investment program must remain sufficiently flexible to permit the District to meet all operating requirements.

Transactions should be avoided that might impair public confidence.

References: Government Code Sections 53600 et seq.

The Superintendent/President is delegated the authority to purchase supplies, materials, apparatus, equipment and services as necessary to the efficient operation of the District. No such purchase shall exceed the amounts specified by Public Contract
Code Section 20651 as amended from time to time.

All such transactions shall be reviewed by the Board every 60 days.

References: Education Code Section 81656; Public Contract Code Sections 20650 and 20651

The Board delegates to the Superintendent/President the authority to enter into contracts on behalf of the District and to establish administrative procedures for contract awards and management, subject to the following:

Contracts are not enforceable obligations until they are ratified by the Board.

Contracts for work to be done, services to be performed or for goods, equipment or supplies to be furnished or sold to the District that exceed the amounts specified in Public Contract Code Section 20651 shall require prior approval by the Board.

When bids are required according to Public Contract Code Section 20651, the Board shall award each such contract to the lowest responsible bidder who meets the specifications published by the District and who shall give such security as the Board requires, or reject all bids.

When the District determines that, according to Public Contract Code Section 20651.7, it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the District may select and award the contract based on best value in accordance with AP 6340.1.
The bidder shall give such security as the Board requires and may reject all bids.

When the Superintendent/President, in consultation with the Vice President of Administrative Services or designee, determines that the District can obtain a contract for goods or services through the California Community
Colleges Chancellor's Office CollegeBuys Program for the Procurement of Goods and Services for Community College
Districts at a lower price upon the same terms, conditions and specifications, the Vice President of Administrative
Services may proceed with the contract without conducting a formal bidding process.

If the Superintendent/President concludes that the best interests of the District will be served by pre-qualification of bidders in accordance with Public Contract Code Section 20651.5, pre-qualification may be conducted in accordance with procedures that provide for a uniform system of rating on the basis of a questionnaire and financial statements.

If the best interests of the District will be served by a contract, lease, requisition or purchase order through any other public corporation or agency in accordance with Public Contract Code Section 20652, the Superintendent/President is authorized to proceed with a contract.

References: Education Code Sections 81641 et seq.; Public Contract Code Sections 20650 et seq.; Government Code Section 53060; Title 5 Sections 59130 et seq.; 2 Code of Federal Regulations Part 200.318

There shall be an annual outside audit of all funds, books and accounts of the District in accordance with the regulations of Title

1. The Superintendent/President shall assure that an annual outside audit is completed. The Superintendent/President shall recommend a certified public accountancy firm to the Board of Trustees with which to contract for the annual audit.

See Administrative Procedure #6400.1

Reference: Education Code Section 84040 subdivision (b); ACCJC Accreditation Standard 3

The Superintendent/President is delegated the authority to act as the Board's negotiator regarding all property management matters that are necessary for the benefit of the District. No transaction regarding the lease, sale, use or exchange of real property by the District shall be enforceable until acted on by the Board itself.

The Superintendent/President shall establish such procedures as may be necessary to assure compliance with all applicable laws relating to the sale, lease, use or exchange of real property by the District.

References: Education Code Sections 81300 et seq.

Sustainable practices maintain and enhance economic opportunity and community well-being for every segment of society while protecting and restoring the natural, social and educational environment upon which people and economies depend. As stewards of current resources and future development, the Board of Trustees resolves to utilize and manage land and facilities under the District's control sustainably and responsibly.

The Board delegates to the Superintendent/President or designee the authority to develop practices and procedures that ensure the sustainable use of resources in everyday operations and planning for the future of the District. These procedures shall include provisions for new construction, maintenance and operations of facilities, sustainable materials procurement, and resource use.

The Superintendent/President shall establish plans and processes necessary to manage, control and protect the assets of the District, including but not limited to ensuring sufficient security to protect property, equipment and information from theft, loss, or significant damage.

References: Education Code Sections 81600 et. seq.; ACCJC Accreditation Standard 3.8

The Superintendent/President shall be responsible to secure insurance for the District as required by law, which shall include but is not limited to the liabilities described in Education Code Section 72506 as follows.

Liability for damages for death, injury to persons, or damage or loss of property.
Personal liability of the members of the Board and the officers and employees of the District for damages for death, injury to a person, or damage or loss of property caused by negligent act of omission of the member, officer, or employee when acting within the scope of their office or employment. The Superintendent/President may authorize coverage for persons who perform volunteer services for the District.

Insurance also shall include fire insurance and insurance against other perils.

The District may join in a joint powers agreement pursuant to Education Code Section 81603 for the purposes described in this policy.

See Administrative Procedure #6540.1

References: Education Code: 70902, 72502, 72506, 81601 et. seq.

The Superintendent/President or designee is delegated authority by the Board to declare as surplus such personal property of the District as is no longer useful for District purposes, and shall establish procedures to dispose of such property in accordance with applicable law.

All sales of surplus personal property shall be reported to the Board of Trustees on a periodic basis. This policy shall not be construed as authorizing any representative of the District to dispose of surplus real property at any time.

Reference: Education Code Sections 70902 subdivision(b)(6), 81360 et seq.; and 81540 et seq.

The Superintendent/President or designee is responsible for planning and administrative management of the District's capital outlay and construction program.

District construction projects shall be supervised by the Superintendent/President or designee. The Director of Facilities
Planning, Operations, and Sustainability shall monitor the progress of all construction work including inspection of workmanship, completion of work to meet specifications, and the suitability of proposed changes to the scope and original design of the work.
The Director of Facilities Planning, Operations, and Sustainability shall assure compliance with laws related to use of state funds to acquire and convert existing buildings.

The Board shall approve and submit to the Board of Governors a five-year capital construction plan as required by law. The Superintendent/President shall annually update the plan and present it to the Board for approval. The plan shall address, but is not limited to, the criteria contained in the law.

See Administrative Procedure 6600.1-Capital Construction

References: Education Code Sections 81005 and 81820; Title 5 Sections 57150 et seq.

There is a Civic Center at the college. The Civic Center is the auditorium in the Center for Visual and Performing Arts building.
Use of the Civic Center shall be granted as provided by law. The Superintendent/President shall establish procedures regarding the use of District property and facilities, including property designated by the District as a Civic Center, by community groups, outside contractors, and others.

The administrative procedure shall reflect the requirements of applicable law, including Education Code Section 82537, regarding Civic Centers. The procedures shall include reasonable rules regarding the time, place, and manner of use of District facilities. They shall assure that persons or organizations using District property are charged such fees as are authorized by law.
Public use of District property shall not interfere with scheduled instructional programs or other activities of the District on behalf of students.

No group or organization may use District property to unlawfully discriminate on the basis of race, color, religion, ancestry, national origin, military or veteran status, disability, gender, gender identity, gender expression, or sexual orientation, or the perception that a person has one or more of the foregoing characteristics, or because a person associates with a person or group with one or more of these actual or perceived characteristics, or on any basis prohibited by law.

Use of the District's Civic Center will be only for the purposes described by the California Legislature in Education Code Section

1. These purposes include use by the community and organizations for public, literary, scientific, recreational, educational, or public agency meetings, or for the discussion of matters of general or public interest upon terms and conditions which that the governing board deems proper, and subject to the limitations allowed by law. In granting permission to use the Civic Center, the District will not discriminate on the basis of viewpoint with regard to organizations engaging in expressive activities on the topics and subject matters articulated above.

Reference: Education Code Sections 82537 and 82542
Title 5 Sections 59601 et seq.

The final approval for the naming of any building or facility on any campus of the Mendocino-Lake Community College
District rests with the Board of Trustees. The board reserves the right to refuse any proposal related to the naming of facilities on campus that is contrary to the mission, vision, values of the college.

The naming of facilities neither implies nor constitutes legal ownership by the individual or group for whom it has been named. The naming of a facility also does not imply any obligation to the named individual or group beyond the maintenance of the commemorative identification of the facility.

Naming opportunities are intended to recognize the dedication, accomplishments, and/or generosity of individuals and entities whose support is valuable to the Mendocino-Lake Community College District’s mission and community. The term
“facilities” includes, but is not limited to, buildings, plazas, athletic courts/fields, theaters, streets, and other structures on District property.

The Board delegates to the Superintendent/President or designee the authority to name the following: individual rooms, individual items or features within buildings, benches, rocks, and individual landscape items or areas.

Facility naming proposals shall be submitted to the Superintendent/Presidents Office. Through the participatory governance process, proposals will be considered by the President’s Policy Advisory Committee (PPAC). The Superintendent/President may make a recommendation to the Board, which shall have final authority.

Authority
The Mendocino-Lake Community College District Board of Trustees shall approve the naming any campus area, building, educational center, or facility within the District.
The Board of Trustees may seek the advice of the Mendocino College Foundation in making a decision to name a particular building or area through a Major Donor Recognition Plan.
Principles

Buildings and areas may be named in honor of friends, benefactors, and persons who have made significant contributions to the District, community, or the nation. If the request is to honor a deceased person or persons, that request should be submitted only after a suitable period of mourning. No request will be considered within two years of the death except in extenuating circumstances.
The person or persons, organization, or corporation made a major in-kind contribution to the district that is lasting and memorable, and Buildings and areas may not be named for current District employees. When an area or building is proposed to be named for individuals associated with the District or California education, a period of not less than five years should elapse between the end of the individual’s service to the District or California education, or until at least two years after the person's death if the person is deceased and consideration by the Board of Trustees.
No district building/facility/other property will be named after currently-seated elected or appointed officials.
A financial gift shall not automatically result in the naming of a building for an individual.

The Superintendent/President shall establish such administrative procedures regarding vehicles and parking on campus as are necessary for the orderly operation of District property and programs. No person shall drive any vehicle or leave any vehicle unattended on the campus except in accordance with such procedures.

Parking fees may be established in accordance with these board policies (See BP 5030 Fees).

References: Education Code 76360; Vehicle Code Section 21113 and 40220

The Board of Trustees of the Mendocino-Lake Community College District is committed to a safe and secure work and learning environment in all District facilities and affirms that the District will make reasonable effort to provide conditions that are safe for students, employees, and members of the public.
The Superintendent/President shall establish administrative procedures to ensure the safety of employees and students on District sites, including the following:

Compliance with the United States Department of Transportation regulations implementing the Federal Omnibus
Transportation Employee Testing Act of 1991. Specifically, the District shall comply with the regulations of the Federal
Highway Administration (FHWA) and, if applicable, the Federal Transit Administration (FTA). Compliance with these policies and procedures may be a condition of employment.

Establishment of an Injury and Illness Prevention Program in compliance with applicable OSHA regulations and state law, which shall promote an active and aggressive program to reduce and/or control safety and health risks.

Establishment of a Hazardous Material Communications Program as defined in AP 6850.1, which shall include review of all chemicals or materials received by the District for hazardous properties, instruction for employees and students on the safe handling of such materials, and proper disposal methods for hazardous materials.

Prohibition of the use of tobacco in all public buildings (see also BP 3570).

Create procedures for use of security cameras on property owned or controlled by the District.

All students, employees and Trustees are expected to observe safety precautions and notify the Vice President of Administrative
Services of potentially unsafe conditions via the procedures outlined in AP 6800.1.

See Administrative Procedure AP 6800.1 and AP 6800.2.

References: Government Code Section 7597.1;

49 Code of Federal Regulations, Parts 40 and 655; Title 8 Section 3203; 29 Code of Federal Regulations Parts 1910.101 et seq.; Health and Safety Code Section 104420

College bookstore shall be established and operated by a qualified vendor.

College bookstore shall comply with the requirements of the Reader Privacy Act.

Contracts for outside vendors to operate bookstores shall be awarded by competitive bid, submitted to the Board for approval, and awarded in the best interests of the students. Student organizations shall be encouraged to submit bids and given preference if they meet all other bid criteria.

References: Education Code Section 81676; Civil Code Section 1798.90

The Superintendent/President is delegated the authority to enter into agreements to finance the cost of constructing student, faculty, and staff housing near the campus(es) of the District.

The Superintendent/President shall establish procedures to collect data regarding student housing as required in the Education
Code.

References: Education Code Sections 660146.6 and 76010; Health and Safety Code Sections 53580 et seq.

The Mendocino-Lake Community College District is committed to building and fostering an inclusive, equitable, and diverse educational environment, by maintaining comprehensive practices that reflect these principles. Diversity within the college environment allows the opportunity to challenge and eliminate ingrained stereotypes and prejudices, ensuring anti-racist practices leading to student success.

The District is committed to employing qualified administrators, faculty, and staff members who are dedicated to student success. The Board of Trustees recognizes that diversity in the academic environment fosters cultural awareness, promotes mutual understanding and respect, and provides suitable role models for all students. The Board of Trustees is committed to hiring and staff development processes that support the goals of equal opportunity and diversity, and provide equal consideration for all qualified candidates.

References: Education Code Sections 87100 et seq.; Title 5, Sections 53000 et seq.

The Board delegates authority to the Superintendent/President to authorize employment, fix job responsibilities, and perform other personnel actions provided that all federal and state laws and regulations and board policies and administrative procedures have been followed subject to confirmation by the Board.

See Administrative Procedures AP 7110.1

Reference: Education Code 70902(d)

The Superintendent/President shall establish procedures for the recruitment, hiring, and selection of employees including, but not limited to, the following criteria:

An Equal Employment Opportunity Plan shall be implemented according to Title 5 and BP 3420 Equal Employment Opportunity.

Academic employees shall possess the minimum qualifications prescribed for their positions by the Minimum Qualifications for Faculty and Administrators in California Community College Handbook.

The criteria and procedures for hiring academic employees shall be established and implemented in accordance with board policies and procedures regarding the Academic Senate's role in local decision- making.

The criteria and procedures for hiring classified employees shall be established after first affording the Classified Senate an opportunity to participate in the decisions under the Board's policies regarding local decision-making.

The Director of Human Resources as the designee of the Superintendent/President shall apply and enforce this policy and related administrative procedures.

References: Education Code Sections 70901.2, 70902 subdivisions (b)(7) & (d), 87100 et seq., and 87458; Title 5 Sections 51023.5 and 53000 et seq.; ACCJC Accreditation Standard 3

General Provision

Salary schedules, compensation and benefits, including health and welfare benefits, for all classes of employees and each administrator employed pursuant to a contract under Education Code Section 72411 shall be established by the Board.

Prohibition of Incentive Compensation

The District shall not provide any commission, bonus, or other incentive payment based, directly or indirectly, on the success in securing enrollments or financial aid, to any person or entity engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Employees covered by this ban shall be referred to as covered employees for purposes of this policy.

References: Education Code Sections 70902 subdivision (b)(4), 72411, 87801, and 88160; Government Code Section 53200; 34 Code of Federal Regulations Part 668 (U.S. Department of Education regulations on the Integrity of Federal Student
Financial Aid Programs under Title IV of the Higher Education Act of 1965, as amended)

If eligible employees of the District select an employee organization as their exclusive representative, and if after recognition by the District or after a properly conducted election, an exclusive representative is certified as the representative of an appropriate unit of employees under the provisions of the Educational Employment Relations Act, Government Code Sections 3540 et seq., the District will meet and negotiate in good faith on matters within the scope of bargaining as defined by law.

References: Government Code Section 3540 et seq.

In accordance with Government Code Section 6254 (c), it shall be the policy of the District not to release employee's personal information obtained from the personnel file, such as addresses and telephone numbers, except to supervisory personnel for job-related matters or as requested by the employee.

As a condition of employment with the Mendocino-Lake Community College District, faculty are required to meet State mandated minimum qualifications or the equivalent as defined by the Minimum Qualifications for Faculty and Administrators in California Community College Handbook. A person holding a credential authorizing service in a California Community College meets minimum qualifications in the discipline authorized by that credential and the person will retain the right to serve under that credential as provided by state law until it expires. Any person granted or previously granted equivalency for teaching in a given discipline by Mendocino-Lake Community College District Board of Trustees pursuant to state laws and regulations will be deemed to have met the minimum requirements in that discipline and will retain the right to teach in that discipline pursuant to state laws and regulations.

Faculty in this District include those persons defined as faculty under Education Code, section 87003(a) and include, but are not limited to full-time and part-time instructors, counselors, librarians, community college health services professionals, disabled student programs and services professionals, extended opportunity programs and services professionals and work experience coordinators. Individuals not meeting the State-mandated minimum qualifications may qualify for employment under District equivalency provisions which was developed in consultation with the Academic Senate. This Board Policy is intended to ensure a fair and objective process for determining when an applicant has qualifications that are at least equivalent to State-mandated minimum qualifications. Should revisions of the policy or application form be necessary a representative of the Board of Trustees, or designee, shall work with the Academic Senate to do so. The equivalency process, including criteria and standards, for faculty employment and shall submit that process to the Board for approval.

The Board of Trustees shall not hire a faculty member unless the individual meets State mandated minimum qualifications or the equivalent per the Minimum Qualifications for Faculty and Administrators in California Community Colleges Handbook. The Board shall determine whether an individual possesses qualifications that are at least equivalent to the State mandated minimum qualifications based on the recommendations of the Academic Senate. If a proposed faculty member is being hired based on equivalencies, the criteria used by the Board in making the determination shall be reflected in the Board s action employing the individual.

The Board will rely primarily on the advice and judgment of the Academic Senate in determining whether a proposed faculty member holds qualifications that are at least equal to State-mandated minimum qualifications. The Board will provide the Academic Senate with an opportunity to present its opinion regarding equivalencies if it differs from the Academic Senate's recommendation before an applicant is denied or granted equivalency. The Board will provide its written objection to the Academic Senate's recommendation and allow for the Academic Senate to submit a rebuttal prior to Board action. All documentation shall be available in public records to review.

The procedure is intended to ensure a fair and objective process for determining when an applicant has the equivalent qualifications. It is not intended to grant waivers for lack of the required qualifications.

All position announcements will state the required qualifications as specified by the Disciplines List, including the possibility of meeting the equivalent of the required degree or experience.

District application forms for faculty positions will ask applicants to state whether they meet the minimum qualifications of the Disciplines List or whether they believe they meet the equivalent. Those claiming equivalency will then be asked to state their reasons and to present evidence. It will be the responsibility of the applicant to supply all evidence and documentation for the claim of equivalency at the time of application.

All units and degrees earned shall be from accredited institutions per Education Codes: 70901(b)(l)(B) and 87356.

An applicant for a faculty position, although lacking the exact degree or experience in the discipline, nonetheless possess qualifications equivalent to those as defined in the Minimum Qualifications for Faculty and Administrators in California
Community Colleges, published by the California Community College Chancellor's Office ( Disciplines List ) as determined by the Board of Governors for the California Community Colleges or an appropriate valid California Community College Credential shall follow the Minimum Qualification Equivalency Procedure.

Minimum Qualifications Equivalency

The equivalency process shall include provisions for all disciplines, including those:

that require a Master's Degree,

that require a Bachelor's or Associate Degree and professional experience,

in which the Master's Degree is not generally expected or available (and do not require a specific Bachelor's or Associate Degree)

The process shall ensure that representatives of the Academic Senate are available to assess equivalency claims during all faculty selection processes and that evidence of the basis for finding equivalency is clear and recorded.

A candidate seeking an equivalency determination must provide, at a minimum, evidence that they have the equivalent not only in the subject matter expertise in a particular discipline, but also documentation as to how general education requirements necessary for an Associate or Bachelor's Degree are met.

All evidence of equivalent preparation, including the basis for an eminence determination, must relate to the discipline at issue and must be of a type that is as reliable and objective as a college transcript. For an equivalency determination, each candidate must be found to be qualified to teach the full range of courses in the discipline under review.

The standards may provide that an individual employed to teach in a vocational discipline must show a demonstrated competency in the current technology of that discipline. Reasonably related discipline in any equivalency determination refers to disciplines referenced in the latest version of the Minimum Qualifications for Faculty and Administrators in the California
Community Colleges Handbook, published by the California Community Colleges Chancellor's Office.

References: California Code of Regulations 53400-53430
Education Code sections 70901(b)(l)(B); 87003(a); 87356 and 87359; Title 5

In consultation with the Academic Senate and administration, the Board of Trustees hereby establishes one (1) Faculty Service
Area for the faculty of the Mendocino-Lake Community College District for the purpose of reduction-in-force (layoffs).

The competency criteria to serve in this Faculty Service Area shall either be a valid California Community College Credential or the Minimum Qualifications for Faculty and Administrators in California Community Colleges, published by the Chancellor's
Office.

The Board shall make assignments and reassignments in a manner so that employees shall be retained to render any service which their seniority and qualifications entitle them to render.

Reference: Education Code Section 87743

Classified employees are those who are employed in positions that are not academic positions. The employees and positions shall be known as the classified service.

The classified service does not include:

Substitute and short-term employees who are employed and paid for less than 75 percent of the fiscal year.

Part-time apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment. Full time students employed part time, and part-time students employed part time in any college work-study program or in a work experience education program conducted by the District.

The Board shall fix and prescribe the duties of the members of the classified service. (See BP 7110 titled Delegation of Authority).

The Superintendent/President shall establish procedures to assure that the requirements of state law and regulations regarding the classified service are met.

The probationary period for classified employees shall be six months.

References: Education Code 88003, 88004, 88009, and 88013

Confidential employees are those who are required to develop or represent management positions with respect to employer- employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. The fact that an employee has access to confidential or sensitive information shall not in and of itself make the employee a confidential employee.

A determination whether a position is a confidential one shall be made by the Board in accordance with applicable law and with the regulations of the California Public Employment Relations Board.

Confidential employees are not eligible for inclusion in a bargaining unit represented by an exclusive representative and the terms and conditions of their employment are not controlled by any collective bargaining agreement.

The terms and conditions of employment for confidential employees shall be provided for by procedures developed by the Superintendent/President. Such terms and conditions of employment shall include, but not be limited to, procedures for evaluation and rules regarding leaves, transfers, and reassignments.

Reference: Government Code Section 3540.1 subdivision (c)

An Educational Administrator is a person employed by the Board in a supervisors or management position as defined in Government Code Sections 3540 et seq. As a condition of employment with the Mendocino-Lake Community College District, Educational Administrators are required to meet state-mandated minimum qualifications or the equivalent. Educational
Administrators are those who exercise direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services programs of the District. Educational Administrators are designated as such by the Board.

In accordance with Minimum Qualifications for Faculty and Administrators in California Community Colleges, published by the Chancellor's Office minimum qualifications for Educational Administrators include a Master's Degree and one year of formal training, internship or leadership experience reasonably related to the assignment. Applicants for an Educational Administrator position who do not meet the state-mandated minimum qualifications are required to submit a written statement and supportive documentation explaining how their education and experience are equivalent.

Application materials for any applicant selected for an interview who claims equivalency, will be referred to the Superintendent/President by Human Resources for approval of equivalency before interviews are scheduled. Educational
Administrators employed under equivalency will be so noted in the action of the Board of Trustees when employing that individual.

Educational Administrators shall be compensated in the manner provided for by the appointment or contract of employment.
Compensation shall be set by the Board upon recommendation of the Superintendent/President. Educational Administrators shall further be entitled to health and welfare benefits made available by action of the Board upon recommendation by the Superintendent/President. Educational Administrators shall be entitled to vacation leave, sick leave, and other leaves as provided by law, these policies, and administrative procedures adopted by the Board.

Every Educational Administrator shall be employed by an appointment or contract of up to, but not exceeding four years in duration.

The Board may, with the consent of the Educational Administrator concerned, terminate, effective on the next succeeding first day of July, the terms of employment and any contract of employment with the Educational Administrator, and reemploy the Educational Administrator on any terms and conditions as may be mutually agreed upon by the Board and the Educational
Administrator, for a new term to commence on the effective date of the termination of the existing term of employment.

If the Board determines that the Educational Administrator is not to be reemployed when their appointment or contract expires, notice to an Educational Administrator shall be in accordance with the terms of the existing contract. If the contract is silent, notice shall be in accordance with Education Code Section 72411.

References: Education Code Sections 66700, 70901, 72411 et seq., 87002 subdivision (b), 87356, and 87457-87460; Government Code Section 3540.1 subdivisions (g) and (m)

Faculty who have served the Mendocino-Lake Community College District as follows, shall qualify for emeritus status:

Permanent faculty upon retirement or resignation after 10 years of service.

Part-time faculty upon retirement or resignation after 20 semesters of service.

Official recognition of emeritus status shall be given by the Superintendent/President close to the time of the retirement or resignation.

Classified administrators are administrators who are not employed as educational administrators.

Classified supervisors are those classified administrators, regardless of job description, having authority to hire, transfer, suspend, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to assign work to and direct them, adjust their grievances, or effectively recommend such action.

Classified managers are those classified administrators, regardless of job description, having significant responsibilities for formulating District policies or administering District programs other than the educational programs of the District.

Classified administrators may be employed by an appointment or contract of up to four years in duration. If a classified administrator is employed by an appointment or contract, the appointment or contract shall be subject to the same conditions as applicable to educational administrators.

References: Education Code 72411
Government Code Section 3540.1 subdivisions (g) and (m)

The Mendocino-Lake Community College District employs short-term and substitute employees, including student employees, on a temporary, hourly basis. These employees are not part of the classified service.

The Board of Trustees hereby directs the Superintendent/President, or designee, to approve the employment of short-term, substitute employees in accordance with Education Code 88003.

A list of short-term and substitute employees including the service to be performed, as well as the start and end dates of the service, will be presented for ratification at a regularly scheduled Board meeting. The Board may later act to shorten or extend the ending date, but shall not extend it beyond 75 percent of an academic year.

Short-term and substitute employees may be terminated at any time by the Superintendent/President.

Salary schedules for short-term and substitute employees will be negotiated with the exclusive bargaining unit.

Reference: Education Code 88003

The District does not prohibit the employment of relatives or domestic partners as defined by Family Code Sections 297 et seq. in the same department or division, with the exception that they shall not be assigned to a regular position within the same department, division or site that has an immediate family member who is in a position to recommend or influence personnel decisions.

Personnel decisions include appointment, retention, evaluation, tenure, work assignment, promotion, demotion, or salary of the relative or domestic partner as defined by Family Code Sections 297 et seq.

Immediate family member means spouse or domestic partner, parents, grandparents, siblings, children, grandchildren and in- laws, or any other relative living in the employee s home. The District retains the right to identify further relationships as being governed by this policy when favoritism is perceived.

The District will make reasonable efforts to assign job duties to minimize the potential for creating an adverse impact on supervision, safety, security, morale, or creating other potential conflicts of interest.

Notwithstanding the above, the District retains the right where such placement has the potential for creating an adverse impact on supervision, safety, security, or morale, or involves other potential conflicts of interest, to refuse to place spouses in the same department, division or facility. The District retains the right to reassign or transfer any person to eliminate the potential for creating an adverse impact on supervision, safety, security, morale, or involves other potential conflicts of interest.

References: Government Code Sections 12940 et seq., and 1090 et seq.

All newly hired academic employees shall have on file a medical certificate indicating freedom from communicable diseases unfitting the employee to instruct or associate with students, including tuberculosis. No academic employee shall commence service until such medical certificate has been provided to the District.

All newly hired academic or classified employees must show that within the past 60 days they have submitted to a tuberculosis risk assessment and, if risk factors are present, been examined to determine that they are free from active tuberculosis, except as defined in AP 7336.1. If risk factors were present at the tuberculosis risk assessment, and an examination occurs, after the examination the employee shall provide the District with a certificate from the employee s examining physician showing that the employee was examined and found to be free from active tuberculosis.

All employees shall be required to undergo a tuberculosis risk assessment within four years of employment and every four years thereafter, to determine if they are free from tuberculosis.

References: Education Code Sections 87408, 87408.6, and 88021

The Superintendent/President shall establish procedures for employee leaves as authorized by law and by any collective bargaining agreements entered into by the District. Such leaves shall include, but are not limited to:

illness or injury leaves for all classes of permanent employees (Education Code Sections 87781 and 88192);

paid sick leave (Labor Code Section 246);

vacation leave for members of the classified service, administrators, supervisors, and managers;

leave for service as an elected official or steward of a community college District public employee organization, or of any statewide or national employee organization with which the local organization is affiliated or leave for a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization (Education Code Sections 87768.5 and 88210; Government
Code Section 3558.8);

leave of absence to serve as an elected member of the legislature (Education Code Section 87701);

pregnancy leave (Education Code Sections 87766 and 88193; Government Code Section 12945);

leave to bond with a new child (Education Code Sections 87780.1, 87784.5, 88196.1, and 88207.5);

use of illness leave for personal necessity (Education Code Sections 87784 and 88207);

industrial accident and illness leave (Education Code Sections 87787 and 88192);

bereavement leave (Education Code Sections 87788 and 88194);

jury service or appearance as a witness in court (Education Code Sections 87035 and 87036);

military service (Education Code Section 87700); and

sabbatical leaves for permanent faculty, permanent classified staff, and administrators and managers

Vacation leave for members of the classified service, educational administrators and classified supervisors and managers shall not accumulate beyond the amount of leave available for accrual in a two-year period. Employees shall be permitted to take vacation in a timely manner to avoid accumulation of excess vacation.

In addition to these policies and collective bargaining agreements, the Board retains the power to grant leaves with or without pay for other purposes or for other periods of time.

References: Education Code Sections 87763 et seq. and 88190 et seq. and cites below; Government Code Section 12945.6
Labor Code Sections 245 et seq.

The Board shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which shall not be later than the close of the academic year during which the resignation has been received by the Board.

The Board hereby delegates to the Superintendent/President, the authority to accept resignations on its behalf at any time.
Resignations shall be deemed accepted by the Board when accepted in writing by the Superintendent/President. All resignations shall be forwarded to the Board for ratification.

See Administrative Procedure 7350.1

References: Education Code 87730 and 88201

The Superintendent/President shall enact procedures for the disciplinary proceedings applicable to permanent classified employees of the District. Such procedures shall conform to the requirements of the Education Code.

The Board's determination of the sufficiency of the cause for disciplinary action of a classified employee shall be conclusive.

No disciplinary action shall be taken for any cause that arose prior to the employee becoming permanent, or for any cause that arose more than two years preceding the date of the filing of any charge against the employee, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the District.

A permanent member of the classified service shall be subject to disciplinary action, including, but not limited to, oral reprimand, written reprimand, involuntary transfer, demotion, suspension, or discharge, for any of the following grounds:

Fraud in securing employment or making a false statement on an application for employment.

Incompetence, i.e., inability to comply with the minimum standard of an employee's position for a significant period of time.

Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee in the position.

Willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision, conform to duly established orders or directions of, or insulting or demeaning the authority of a supervisor or manager.

Dishonesty involving employment.

Being impaired by or under the influence of alcohol or illegal drugs or narcotics while on duty, which could impact the ability to do the job.

Excessive absenteeism.

Unexcused absence without leave.

Abuse or misuse of sick leave.

The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute grounds for dismissal of any employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. A plea or

verdict of guilty, or a conviction showing a plea of nolo contendere made to charge a felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this section.

Discourteous treatment of the public or other employees.

Disorderly or immoral conduct.

Improper or unauthorized use of District property.

Refusal to subscribe to any oath or affirmation which is required by law in connection with District employment.

Any willful act of conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the District, the employee's department or division.

Inattention to duty, tardiness, indolence, carelessness, or negligence in the care and handling of District property.

Mental or physical impairment which renders the employee unable to perform the essential functions of the job without reasonable accommodation or without presenting a direct threat to the health and safety of self or others.

Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his/her/their official duties.

The refusal of any officer or employee of the District to testify under oath before any court, grand jury, or administrative officer having jurisdiction over any then pending cause of inquiry in which the District is involved. Violation of this provision may constitute of itself sufficient ground for the immediate discharge of such officer or employee.

Willful violation of policies, procedures and other rules which may be prescribed by the District, college(s), or departments.

Working overtime without authorization.

Conduct of personal business for personal gain while on work assignment.

Abandonment of position.

References: Education Code 88013
Government Code Sections 3300 et seq.

Employees shall not use District funds, services, supplies or equipment to urge the passage or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the Board of Trustees. This policy prohibits political activity during an employee s working hours, but shall not be construed to prohibit an employee from urging the support or defeat of a ballot measure or candidate during nonworking time.

References: Education Code Sections 7054 and 7056
Government Code Section 8314

An employee may request deductions of their salary in any amount for any or all of the following purposes including but not limited to:

participation in a deferred compensation program;

paying premiums on any policy or certificate of group life insurance or disability insurance or legal expense insurance, or any of them;

paying rates, dues, fees, or other periodic charges on any hospital service contract.

The District shall without charge reduce the salary payment by the amount which the employee has authorized in writing for the purpose of paying their membership dues in any local, statewide or other professional organization.

The request provided for above shall be revocable by the employee. Revocation of such authorization shall be in writing and shall be effective beginning with the next applicable pay period possible.

References: Education Code Sections 87040, 87833, 87834, and 88167

The Superintendent/President is authorized to attend conferences, meetings and other activities that are appropriate to the functions of the District or as approved by the Board.

The Superintendent/President shall establish procedures regarding the attendance of District employees at conferences, meetings, or activities. The procedures shall include authorized expenses, advance of funds, and reimbursement.

All travel outside the State of California must be approved in advance by the Superintendent/President.

Reference: Education Code Section 87032

Unsalaried persons may volunteer their services to the Mendocino-Lake Community College District. However, only those individuals who have been approved as volunteers by the administration and the Board of Trustees shall be authorized as volunteers. Authorized volunteers shall be entitled to worker's compensation benefits.

An "Authorization to Serve as a Volunteer" form shall be completed and approved for individuals wishing to volunteer their services to the District, and their names shall be forwarded to the Board of Trustees for approval. Forms are available from the Office of Human Resources. Authorizations to serve as a volunteer will expire according to the dates indicated on the form.

The District reserves the right to terminate the voluntary services of an approved volunteer worker at any time.

This process will not apply to individuals who wish to "volunteer" for a part-time faculty assignment. Such individuals will be considered employees, contracted for the sum of $1.00, and be bound by all regular terms and conditions of employment as members of the part-time faculty.

Reference: Education Code Sections 72401, 87010, 87011, and 88249; Government Code Section 3119.5