Administrative Procedures

The student member shall be elected by a plurality vote of those voting in a regular election of the student body. All members of the student body may vote. Normally, the election will be conducted during the spring semester and will be completed in time for the student member to take office on May 15th.

The Student Member may be recalled in an election conducted in the same manner as the election to office. An election will be called after presentation to the Superintendent/President of a petition signed by at least 20% of the students enrolled at the time of filing the petition. No recall election will be held if the petition is received within 30 days of a regularly scheduled election for student member.

The office shall become vacant if the student member becomes ineligible for the office, resigns, is recalled, or dies. If the seat of a student member becomes vacant during their term, the governing board may authorize the officers of student body association established pursuant to Education Code Section 76060 to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board.

Reference: Education Code Section 72023.5

When the Board determines to fill the vacancy by appointment, the Superintendent/President shall assure that there is ample publicity regarding the vacancy and adequate information for prospective candidates. Publicity shall include posting in three public places in the District and publication in a newspaper of general circulation. In a large rural district serving many communities, the district supports broad dispersal of information related to board vacancies. (Note: This publication, which is required by Government Code Section 6061, is only required to be published once.)

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

Persons applying for appointment to the Board shall receive a letter from the Superintendent/President containing information about the District and the Board, which should include a candidate information sheet to be completed and returned by a specific date.

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

Each Board member will review all candidate information sheets, with final selection made by a majority vote of the Board members at a public meeting called for that purpose.

Whenever a provisional appointment is made, the Board shall, within 10 days of the provisional appointment, post notices of both the actual vacancy or the filing of a deferred resignation and the provisional appointment in three public places in the District. It shall also publish a notice in a newspaper of general circulation. (Note: This publication, which is required by Government Code Section 6061, is only required to be published once.)

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

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

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

Reference: Education Code Section 5090 et seq.; Government Code Sections 1770 and 6061

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

Written notice to each member of the governing board, including any student trustee.

Written notice to each local newspaper of general circulation, and each radio or television station that has previously requested in writing to be provided notice of special meetings.

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

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

Reference: Education Code Section 72023.5 and 72129; Government Code Sections 54956 and 54956.5

Formulation and Review of Board Policies and Administrative Procedures

Proposals to establish or change board policies must be brought before full Governing Board a minimum of two times: for a First
Reading and for a Second Reading, at which time action is taken.

The Governing Board does not adopt administrative regulations, unless specifically required to by law by the Superintendent/President or as required by negotiated agreements with employee organizations. The Governing Board may review administrative regulations and require revisions, if the procedures are inconsistent with District policies.

All board policies and administrative procedures shall be reviewed on a routine basis. The review of all policy chapter, with the exception of Chapter Two-Board of Trustees, be the responsibility of the President's Policy Advisory Committee (PPAC).

The review of Chapter Two-Board of Trustees will the responsibility of an ad-hoc sub-committee of the Board of Trustees, to be called the Board Policy Sub-Committee. The President of the Board of Trustees shall appoint the membership of the Board
Policy Sub-Committee.

The President's Policy Advisory Committee (PPAC)

The PPAC is responsible for providing a forum for constituent groups in the governance process to be informed about the policy and procedure development activities and to provide an opportunity for appropriate input. The PPAC provides a means for all parties to ensure that appropriate input has been considered prior to the final drafting of a policy or procedure.

A new policy or a policy revision may be initiated by the Board of Trustees, the Superintendent/President, or any of the constituent groups. After a first reading by PPAC, new and revised policies are disseminated to all employees and students through their constituent groups. At the second reading, PPAC receives and considers all comments and makes a recommendation to the Superintendent/President for the policy’s submission to the Board of Trustees.

Schedule for Regular Assessment of Board Policies/Administrative Procedures

Mendocino College subscribes to the Community College League of California’s Policy and Procedure Service. As recommended updates to policies and procedures are received from this service, these changes will be considered through the process outlined above.

To ensure regular review of all Board policies and administrative procedures, all existing policies and procedures shall undergo systematic review and assessment. Each academic year one chapter in numerical order (chapters 1-7) of Board Policies and Administrative procedures will be reviewed.

Reference: Education Code Section 70902; Accreditation Standard 4.4

09/14/2011, 4/4/2016
The Board shall evaluate and assess, in writing, the Superintendent/President's performance objectives annually approved by the Board during the term of the employment agreement. The criteria for evaluation shall be based on Board policy, the Superintendent/President job description, and annual performance goals and objectives developed in accordance with Board
Policy 2430 - Delegation of Authority to the Superintendent/President.

The evaluation format shall be mutually agreed upon.

1. The Superintendent/President shall be evaluated annually (July-June), unless there is mutual agreement between Board President and Superintendent/President of an alternative cycle. The evaluation criteria will include performance goals and objectives related to the District's commitment to diversity, equity and inclusion.
2. If the Superintendent/President takes office between July 1 and December 31, the first evaluation shall be completed at the conclusion of the fiscal year in which the Superintendent/President is employed. The Board and Superintendent/President shall meet at the start of the fiscal year in which the Superintendent/President is employed to discuss the Superintendent/President's work performance for that fiscal year and to establish the performance objectives for the following year.
3. If the Superintendent/President takes office between January 1 and June 30, the first evaluation shall be completed at the conclusion of the first full fiscal year following employment. The Board and Superintendent/President shall meet as soon as possible after employment to discuss the Superintendent/President's goals for that fiscal year and establish the performance objectives for the following fiscal year.
4. The Board President and/or Vice President shall meet with the Superintendent/President to mutually agree to the evaluation procedure, including the Evaluation Survey instrument to be used. Elements of the evaluation procedure will include:
5. The Board shall conduct a survey of College constituents, as follows, to be considered by the Board in assessing the leadership of the Superintendent/President the following: Board members; those positions which directly report to the Superintendent/President; the Presidents of the Academic Senate, Classified Senate, the Management Team, and the Student Senate; the President of the Mendocino College Foundation; and two members of each of the management team, full-time faculty, part-time faculty, and classified staff mutually selected by the Board President or designee and the Superintendent/President.
6. The Superintendent/President shall provide the Board with a written self-assessment regarding:
7. carrying out the duties included in the job description;
8. progress in achieving the performance objectives and/or priorities established with the Board; and
9. leadership provided to the District in pursuing the Strategic Goals and Directions during that fiscal year.
10. In a closed session, the Board shall consider the results of the Superintendent/President's self evaluation and the board and constituent group surveys. The Board may elect to meet in closed session without the Superintendent/President to further discuss the Superintendent/President's performance evaluation. The Board will share their initial assessment with the Superintendent/President and discuss tentative priorities for the coming year.
11. Following the Closed Session, the Board President and Vice President shall share with the Superintendent/President the draft evaluation report and the suggested performance objectives for the next evaluation period.
12. The Board shall meet in Closed Session with the Superintendent/President to discuss the final evaluation report, confirm the performance objectives for the next fiscal year and the Superintendent/President and Board President sign the final evaluation report.
13. The evaluation report shall be confidentially delivered to the Director of Human Resources for inclusion in the Superintendent/President's personnel file.

References: Education Code Section 87663; ACCJC Accreditation Standard 4.5

Local decision making occurs according to one of these complimentary processes, which function within the District:

1. The participatory governance process described below, which provides recommendations to the Superintendent/President on the strategic direction and the policies and procedures of the college;
2. The collective bargaining process, which deals with contractual matters and working conditions as defined by the collective bargaining law; and
3. The administrative process, which deals with the operations of the college within established policies and procedures.

The participatory governance process provides the means through which all district constituent groups (students, faculty, management team and classified staff) can participate effectively in the orderly growth and development of the college, including:

1. the review, development, and recommendation on policies, procedures, and priorities for the college to the Superintendent/President and the Board of Trustees.
2. the coordination of college-wide standing committees, academic standing committees, and task forces.

The college participatory governance process, committee structure and descriptions, and evaluation cycle are outlined in the Committee Handbook.

Unless otherwise provided in Board policy or procedure regarding staff participation, the following constituent groups are recognized by the Board of Trustees as responsible for recommending the appointment of representatives to serve on appropriate college committees.

The Academic Senate
The Management Team
The Classified Senate

The Student Senate (Associated Students of Mendocino College)

Each of these groups’ representatives has a responsibility to both represent the views, concerns and ideas of its respective constituency and to provide expertise in appropriate areas of policy development.

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

previously listed as AP 213.1

The Board, through the Superintendent/President, affirms the recognition of the Academic Senate under Title 5 of the California Administrative Code and as provided for in law (specifically AB 1725) to make recommendations to the Superintendent/President and to the Board of Trustees with respect to “academic and professional matters”.

According to the provisions of AB1725, the Board affirm appropriate delegation and responsibility to the Academic Senate and will consult collegially on academic and professional matters. Action with respect to academic and professional matters pursuant to these provisions may be initiated by the Academic Senate or by the Superintendent/President.

“Consult collegially” means that the district governing board shall develop policies on academic and professional matters through either or both of the following methods:

1. Rely Primarily Upon the Advice, Judgement and Recommendations of the Academic Senate.

Academic and professional matters for which the board will rely primarily upon the advice, judgement and recommendations of the Academic Senate are:

1. Curriculum, including establishing prerequisites and placing courses within disciplines
2. Degree and certificate requirements
3. Grading policies If any such recommendation is not accepted by the Board of Trustees, the Board of Trustees or its designee, upon request of the Senate, shall communicate its reasons in writing to the Academic Senate.
4. The Board, or designee, and the Academic Senate shall reach mutual agreement by written resolution, policy or procedure effectuating such recommendations: Academic and professional matters for which the Board of Trustees will reach Mutual Agreement with the Academic Senate:
5. Educational program development
6. Standards or policies regarding student preparation and success
7. District governance structures, as related to faculty roles
8. Faculty roles and involvement in accreditation processes, including self-study and annual reports
9. Policies for faculty professional development activities
10. Processes for program review
11. Process for institutional planning and budget development
12. Other academic and professional matters as are mutually agreed upon between the Board of Trustees and the Academic Senate

The Superintendent/President and the President and Vice President of the Academic Senate will determine the process to seek mutual agreement. In instances where mutual agreement is not reached, existing policy shall remain in effect.

Reference: Education Code Sections 66450; 87360; 87663; 87610.1; 87743.2
Title 5 Sections 53200 et seq., 51023.5 and 51023.74; ACCJC Accreditation Standard IV.A and IV.D.7

Whenever an initial collective bargaining proposal is received from an exclusive representative of District employees, or whenever the District’s own negotiator presents an initial proposal, the following actions must be taken at public meetings of the Board of Trustees: The exclusive representative or the District must present the initial collective bargaining proposal orally or in writing to the Board at a public meeting.
The public shall have an opportunity to respond to the exclusive representative’s or District’s initial proposal at a subsequent public Board meeting. The opportunity for public response shall appear on the Board’s regular agenda. Public response shall be taken in accordance with the Board’s policies regarding speakers.

After the public has an opportunity to respond to an initial proposal presented by the District, the Board shall, at the same meeting or a subsequent meeting, adopt the District’s initial proposal. The adoption shall be indicated as a separate action item on the Board agenda. There shall be no amendment of the District’s initial proposal unless the public is again afforded a reasonable opportunity to respond to the proposed amendment at a public meeting.

If new subjects of meeting and negotiating arise after the presentation of initial proposals, the following procedure shall be followed: all new subjects of meeting and negotiating, whether proposed by the exclusive representative or the District, shall be posted by the District in the same public place as it posts its agendas within 24 hours after their presentation in negotiations.
When a request to reopen a collective bargaining agreement, as required by the agreement, is received from an exclusive representative or is made by the District, the public notice procedure outlined in this procedure shall be followed.
When the District and the exclusive representative agree to amend an executed collective bargaining agreement in accordance with the agreement, the following procedure shall be followed: The amendment shall appear on the agenda as a notice item, for action at a subsequent Board meeting.
The public shall have an opportunity to respond to the amendment at a subsequent Board meeting. The public response shall be indicated on the agenda.

Reference:

Government Code Section 3547

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

Financial Interest
Board members and employees shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as members of the Board or as employees.

A Board member shall not be considered to be financially interested in a contract if their interest meets the definitions contained in applicable law.

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

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

Financial Interest in a Decision
If a Board member or employee determines that they have a financial interest in a decision, as described in Government Code
Section 87103, this determination shall be disclosed and made part of the Board’s official minutes. In the case of an employee, this announcement shall be made in writing and submitted to the Board. A Board member, upon identifying a conflict of interest,

or a potential conflict of interest, shall do all of the following prior to consideration of the matter.

Publicly identify the financial interest in detail sufficient to be understood by the public;

Recuse themselves from discussing and voting on the matter;

Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter is placed on the agenda reserved for uncontested matters. A Board member may, however, discuss the issue during the time the general public speaks on the issue.

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

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

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

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

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

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

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

Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession unless the sole or predominant activity of the business, trade or profession is making speeches.

Any honorarium that is not used and, within 30 days after receipt, is either returned to the donor or delivered to the District for donation into the general fund without being claimed as a deduction from income tax purposes.

Representation
Elected officials and the Superintendent/President shall not, for a period of one-year after leaving their position, act as an agent or attorney for, or otherwise represent for compensation, any person appearing before that local government agency.

Contracts Supported by Federal Funds (2 Code of Federal Regulations Part 200.319 subdivision (c)(1))

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

Reference: Education Code Section 72103(b); Government Code Sections 87100 et seq.; 87200-87210; 87406.3, 89501-89503 and 89506; Government Code Sections 1090 et seq.; 1091.5, 1099, and 1126
Title 2 Sections 18700 et. seq., 2 Code of Federal Regulations Part 200.318 subdivision (c)(1); and other citations as listed above

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political
Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Mendocino-Lake Community College District.
Individuals holding designated positions shall file their statements of economic interests with the District, with the statements available for public inspection and reproduction. (Government Code Section 81008.) Statements for all designated employees shall be retained by the District.

APPENDIX A DESIGNATED POSITIONS

Director of Human Resources3
Director of Information Technology3
Director of Fiscal Services3
Director of Facilities, Planning, Operations and Sustainability3
Director of Admissions and Records3
Director of Financial Aid3

Consultants/New Positions*

*Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

The Superintendent/President may determine in writing that a particular consultant or new position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Superintendent/President's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of- interest code. (Government Code Section 841008.)

APPENDIX B
DISCLOSURE CATEGORIES
Category 1. Designated positions assigned to this category must report:

1. Interests in real property within the boundaries of the District that are used by the District or are of the type that could be acquired by the District as well as real property within two miles of the property used or the proposed site.
2. Investments and business positions in business entities and income (including receipt of gifts, loans, and travel payments) from sources of the type that engage in the acquisition or disposal of real property or are engaged in building construction or design for school districts.

Category 2. Designated positions assigned to this category must report:

1. Investments and business positions in business entities and income (including receipt of gifts, loans, and travel payments) from sources that are contractors engaged in the performance of work, training, consulting or services, or are sources that manufacture or sell supplies, instructional materials, machinery, equipment, or vehicles of the type utilized by the District.

Category 3. Designated positions assigned to this category must report:

1. Investments and business positions in business entities and income (including receipt of gifts, loans, and travel payments) from sources that are contractors engaged in the performance of work, training, consulting or services, or are sources that manufacture or sell supplies, instructional materials, machinery, equipment, or vehicles of the type utilized by the designated position's department.

Reference: Government Code Sections 87103 subdivision (e), 87200, 87300-87302, 89501, 89502, and 89503; Title 2 Section 18730
Pursuant to Government Code Section 87303, the conflict of interest code for the Mendocino-Lake Community College District was approved by the Fair Political Practices Commission on 11/28/22 and will be become effective 12/28/22. Signed 11/28/22 by Sukhi K. Brar, Assistant Chief Counsel for the Fair Political Practices Commission.

The code of ethics seeks to articulate commonly held values that are central to the culture of the College community. All board members, employees and students at Mendocino College agree to act in the following ethical ways.

Integrity - Act with honesty and integrity, avoid actual or apparent conflicts of interest between personal and professional relationships, respect differences of opinion and make best efforts to resolve those differences in an ethical and professional manner.

Civility - Act in a courteous and respectful manner, refraining from unprofessional behavior when interacting and communicating with others.

Individual Responsibility - Act in good faith; act responsibly; and exercise due care, competence, and diligence, without misrepresenting material facts.

Confidentiality - Respect the confidentiality of information acquired in the course of one s work, except when authorized or otherwise legally obligated to disclose. Confidential information acquired in the course of one's work shall not be used for personal advantage.

Accountability - Comply with current rules and regulations of federal, state and local governments, and other appropriate private and public regulatory agencies.

Knowledge - Share knowledge and maintain skills important and relevant to the needs of those we serve.

Accuracy - Provide information that is accurate, complete, objective, relevant, timely, and understandable.

Professionalism - Proactively promote professional standards of conduct as a responsible partner among peers, in the work environment, and in the community.

Sustainability - Achieve responsible use of and control over all assets and resources employed or entrusted.

Acting ethically and demonstrating a commitment to the College Mission creates a student-centered environment for teaching and learning, which emphasizes a respect for the institution and for the values of education and learning.

Consequences for Violation: In such cases, any employee who violates the District Code of Ethics may be subject to disciplinary action by the District as described in other District policies and collective bargaining agreements.

Reference: ACCJC Accreditation Standard 3

Previously listed as AP 302.1 - District Code of Ethics Procedures

In accordance with the standards of the Accrediting Commission for Community and Junior Colleges (ACCJC), the College shall conduct a comprehensive self-study every seven years and host a visit by an accreditation team. Mandatory midterm reports are prepared and submitted to the Accrediting Commission in the fourth year of each self-study cycle.

Those employees who are responsible for the functions related to the accreditation standards must be involved in the self- study and team visit. There will be active, campus-wide involvement of administrators, faculty, classified staff, and students in the development of the Accreditation Self Study.

The process for producing the Self Study is led by the Vice President of Academic Affairs acting as the Accreditation
Liaison Officer (ALO). The ALO chairs the Accreditation Steering Committee, which has membership from management, faculty and classified. During the year before and the year of the team visit, at least one student leader will be included on the Steering Committee. The Accreditation Steering Committee is co-chaired by the Academic Senate President or their designee.

As the self-study is being completed, it shall be reviewed by the Academic senate and approved by the Board of Trustees prior to submission to the Accrediting Commission on or before the due date.

References: Title 5 Section 51016; ACCJC Accreditation eligibility Requirement 21

Mendocino College has an established participatory governance structure which supports dialog and planning processes, and which ensures college-wide discussion and review.

The integrated planning cycle is a comprehensive set of planning processes that are linked to one another so that there is an ongoing and systematic cycle of assessment, of goals and objectives, program review, resource allocation, plan implementation, and re-assessment.

The College has established planning processes that engage the appropriate staff, faculty and/or management in the development, review, update, approval, submission (to Chancellor's Office, when appropriate) and implementation of the following:

Long-range educational or academic master plan

Facilities Plan

Equal Employment Opportunity Plan

Student equity plan

Reference: Title 5 Sections 51008, 51010, 51027, 53003, 54220, 55080, 55190, 55510, and 56270 et. seq.
ACCJC Accreditation Standards 1.4 and 3.5

Members of the public may request to inspect or copy public records. A request by a member of the public may be delivered by mail, email or in person to the Director of Communication and Community Relations.

Any request shall identify with reasonable specificity the records that are sought. If additional information is needed, the Director of Communication and Community Relations may request it be provided in writing.

Any request to inspect records shall be made sufficiently in advance of the date of inspection to allow staff members time to assemble the records and identify any records that may be exempt from disclosure.

Records that are exempt from disclosure under the Public Records Act or any other provision of law may not be inspected or copied by members of the public. Social security numbers must be redacted from records before they are disclosed to the public.

Members of the public shall be assisted in identifying records or information that may respond to their request. Assistance that will be provided includes: the information technology and physical location in which the records exist; practical suggestions for overcoming denial of access to the records or information; and the estimated date and time when the records will be made available.

Within ten days, the Director of Communication and Community Relations will determine whether or not the records can be produced and will communicate the determination to the member of the public requesting the record(s).

The most common exemptions for community colleges include but are not limited to:

Student records (Education Code Section 76243)

Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding the records clearly outweighs the public interest in disclosure. (Government Code Section 6254 subdivision (a))

Records pertaining to pending litigation & or to claims& until the pending litigation or claim has been finally adjudicated or otherwise settled. (Government Code Section 6254(b))

Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy
(Government Code Section 6254 subdivision (c))

Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination [except for standardized tests provided for by Education Code Section 99150 et seq.]. (Government Code Section 6254 subdivision (g).)

The contents of real estate appraisals or engineering or feasibility estimates and evaluations& relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. (Government Code Section 6254 subdivision (h)).

Internet posting of home address or telephone numbers of local elected officials (Government Code Section 6254.21)

Home addresses and home telephone number, cellular phone number, and date of birth of employees of a school
District or county office of education (other than to an agent or family member of the employee, to an officer of another school District when necessary, to an employee organization, or to an agency or employee of a health benefit plan.)
(Government Code Section 6254.3)

Personal email addresses (other than to an agent or family member of the employee, to an officer of another school district, when necessary to an employee organization, or to an agency employee of a health benefit plan) unless the email address is used by the employee to conduct public business, or necessary to identify a person in an otherwise disclosable communication. (Government Code Section 6254.3 subdivision (b)).

Records regarding alternative investments (i.e. an investment in a private equity fund, venture fund, hedge fund, or absolute return fund; limited partnership, limited liability company or similar legal structure) involving public investment funds, unless already publicly released by the keeper of the information.

Information security records, if disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, the District s information technology system.

Identification number alphanumeric character, or other unique identifying code that a district uses to identify a vendor or contractor, or an affiliate of a vendor or contractor, unless the identification number, alphanumeric character, or other unique identifying code is used in a public bidding or an audit involving the public agency. (Government Code Section
5254.33).

References: Government Code Sections 7920.000 et seq.

"Records" means all records, maps, books, papers, data processing output, and documents of the District required by Title 5 to be retained, including but not limited to records created originally by computer and "electronically stored information" ( ESI ), as that term is defined by the Federal Rules of Civil Procedure.

The Superintendent/President or designee shall supervise the classification and destruction of records and ESI. The District must preserve ESI records and ESI that is relevant to actual or potential litigation pursuant to the Federal Rules of Civil
Procedure. The District shall comply with the Federal Rules of Civil Procedure and produce relevant ESI in the form in which it is ordinarily maintained or readily usable. An annual report shall be made to the Board of Trustees regarding the classification and destruction of records and ESI.

Records shall be classified as required by Title 5 and other applicable statutes, federal and state regulations.

Records shall periodically be reviewed to determine whether they should be classified as Class 1-Permanent, Class 2-Optional, or Class 3-Disposable (as defined in Title 5).

Class 3-disposable records shall be maintained for the period required by applicable law or regulation, but in any event shall be retained for at least three college years after the year in which they were originally created.

Destruction is by any method that assures the record is permanently destroyed, e.g. shredding, burning, and pulping.

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

Guidelines

The District recognizes that email communication has become a primary tool for correspondence and transacting of business throughout the organization. As a result, the District hereby establishes reasonable policies and procedures which shall reflect compliance with state and federal regulations, as well as support proper usage and accountability by all email users of the system(s).

Email users do not have an inherent reasonable expectation of privacy in any email sent or received from their District email boxes. Any email, including its electronic attachments, created, received, maintained or sent from a District email server constitutes an “electronic record” which may be subject to public inspection if requested and not otherwise exempted from disclosure under the California Public Records Act or other such legal authority. Since emails can be public records, users shall be responsible for adhering to the requirements of District rules and regulations in the production and destruction of these records and any other relevant state or federal law. District email systems are not intended for personal use unrelated to district business and shall not serve as a location for long term data storage.
For the purposes of this policy, email refers to all electronic communications to include instant messages and other “chat” sessions.
Employee's Responsibility
It is each employee’s responsibility to develop a public record retention system, in conjunction with their supervisor. An employee cannot expect to retain public record email in their mailbox for the duration of the retention. Messages within the district’s email system will be automatically deleted four years after their initial receipt. There are number of methods that can be used to retain email that qualifies as public records or “Class 1” permanent records (e.g. emails that constitute personnel or student records, annual reports, official budget, audits, official actions, detailed records relating to facilities, etc.).

1. Paper Copy: The employee could print and file public record emails in a typical paper file system.
2. Save Messages and Attachments to a network shared drive: Utilizing the Save As Command in email allows an employee to save a copy of the email to a network shared drive in a file.
3. Save Messages and Attachments to OneDrive: Utilizing the Save As command in email allows an employee to save a copy of the email to OneDrive in a file.
4. Store Messages on Document Imaging System: Save a PDF of the Messages and Attachments to the District's designated document imaging system.

All these methods will require the employee to develop and utilize a storage system that addresses the retention of email and its ultimate deletion upon obsolescence. Whether the employee chooses to utilize the paper, archiving, or save as method, they will

have to develop a folder system that allows them to track public records retention.
Supervisor's Responsibility
It is each department supervisor’s responsibility to ensure that each employee in their department is trained in Public
Records Act and federal Records Retention rules. Each department supervisor should remind all employees at least once annually to classify and retain Class 1 permanent records and other records that are required to be retained. If there is any issue about placing particular email records into the proper classification, it should be resolved in favor of the longer retention period.
If the legal custodian of the email leaves employment, it is the responsibility of the employee’s supervisor to ensure that all email that constitutes a public record is retained or disposed of in compliance with the retention schedule outlined by the California Public Records Act and Records Retention Rules under 5 CCR 59020 et seq. The supervisor should ensure that such action is taken before the email account is deleted and the employee’s computer is imaged.
Information Technology Department Responsibility
The Information Technology (IT) department routinely performs backups of cloud-hosted email messages in the district email system and shared network drives stored on district server, as a safety measure in case of system failure or cybersecurity incidents. The IT department retains four years of backups as standard practice.

References: 5 California Code of Regulations, Sections 590250-59026
Board Policy 3310 and Administrative Procedure 3310.1

The District shall provide and maintain administrative complaint procedures that assure equal access to employment, services, classes, athletics, and programs without regard to actual, perceived or association with others ethnic group identification, national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, immigration status, color, genetic information, ancestry, sexual orientation, or physical or mental disability, pregnancy, or any characteristic listed or defined in Section 11135 of the Government Code or any characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code. In addition to these protected bases, the District additionally provides equal employment opportunities to all applicants and employees regardless of gender, medical condition, marital status or military and veteran status.

Education Programs

All courses, including noncredit classes, shall be conducted without regard to the gender of the student enrolled in the classes.
As defined in the Penal Code, gender means sex, and includes a person's gender identity and gender expression. Gender expression means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

The District shall not prohibit any student from enrolling in any class or course on the basis of gender.

Academic staff, including but not limited to counselors, instructors and administrators shall not offer program guidance to students which differs on the basis of gender.

Insofar as practicable, the District shall offer opportunities for participation in athletics equally to male and female students.

Employment

All employment decisions, including but not limited to hiring, retention, assignment, transfer, evaluation, dismissal, compensation, layoff and advancement for all position classifications shall be based on job-related criteria as well as be responsive to the District's staffing needs.

It is also unlawful to discriminate against a person who serves in an unpaid internship or any other limited-duration program to provide unpaid work experience in the selection, termination, training, or other terms and treatment of that person on any the

basis of their race, religious creed, color, national origin, 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.

The District shall from time to time as necessary provide professional and staff development activities and training to promote understanding of diversity.

Any person who desires to file a complaint based on discrimination, harassment or access should contact the District
Compliance Officer, Director of Human Resources, by phone at (707) 468- 3065 or in person at the District's Human Resources
Department, 1000 Hensley Creek Road, Ukiah, California, 95482. A complete copy of the District's complaint procedure, Administrative Procedure 3435.1, can be found at the District's Human Resources Department, Room 1160 in MacMillan Hall, and the Library, Room 4220 in the Library/Learning Center, both at the Ukiah Campus and on the District's website at
http://www.mendocino.edu.

References:

Nondiscrimination References for Education Programs: Education Code Sections 66250 et seq., 200 et seq., and 72010 et seq.; Penal Code Sections 422.55 et seq.; Title 5 Sections 59300 et seq.; ACCJC Accreditation Eligibility Requirement 20

Nondiscrimination References for Employment: Education Code Sections 87100 et seq.; Title 5 Sections 53000 et seq.; Government Code Sections 11135 et seq. and 12940 et seq.; Title 2 Sections 10500 et seq.; Labor Code Section 1197.5

Responding to Requests for Access for Immigration Enforcement Activities

District personnel shall provide guidance and offer to campus employees training addressing law enforcement access to campus buildings. This guide shall include the following required topics:

Campus Security's contact information to report concerns about the presence of officers engaged in immigration enforcement on any campus property.
Samples of warrant and subpoena documents that could be used for access onto campus property, or to seize or arrest students or other individuals on campus.
Sample responses for building personnel to use in response to officers seeking access for immigration enforcement purposes that avoids classroom interruptions, and that preserves the peaceful conduct of the school’s activities.
District personnel shall advise all students, faculty, and staff to immediately notify the Office of the Superintendent/President, or their designee, if they are advised that an officer engaged in immigration enforcement is expected to enter, will enter, or has entered the campus for immigration enforcement purposes.

No personnel may consent to entry of District facilities or portions thereof.

District personnel shall advise all students, faculty, and staff responding to or having contact with an officer engaged in immigration enforcement executing an immigration order, to refer the entity or individual to the Office of the Superintendent/President, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena.

If the officer declares that exigent circumstances exist and demands immediate access to the campus, District personnel should not refuse the officer’s orders and immediately contact the Superintendent/President.
The Office of the Superintendent/President or designee shall determine what type of authorization is being provided to support the officer’s request for access: A U.S. Immigrations and Customs Enforcement (ICE) “warrant:” Immediate compliance is not required. District personnel shall inform the officer that they cannot consent to any request without first consulting with

the Superintendent/President. Provide copy of the warrant to the Superintendent/President (where possible, in consultation with legal counsel) as soon as possible.
A federal judicial warrant (search-and-seizure warrant or arrest warrant): Prompt compliance with such a warrant is usually legally required, but where feasible, consult with the Superintendent/President before responding.
A subpoena for production of documents or other evidence: Immediate compliance is not required. Inform the officer that the District cannot respond to the subpoena until after it has been reviewed by a designated administrator.
Provide a copy of the subpoena to a designated administrator or legal counsel as soon as possible.
A notice to appear: This document is not directed at the District. District personnel are under no obligation to deliver or facilitate service of this document to the person named in the document. If a copy of the document is received, it must be given to a designated administrator as soon as possible.

District personnel should not attempt to physically interfere with an officer, even if the officer appears to be acting without consent or exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, District personnel shall make a record of the contact and forward the information to the Office of the Superintendent/President.

In making record of the contact with an immigration enforcement officer, District personnel shall provide the following information: Name of the officer, and, if available, the officer’s credentials and contact information; Identity of all school personnel who communicated with the officer; Details of the officer’s request; Whether the officer presented a warrant, subpoena, or court order to accompany their request, what was requested in the warrant/subpoena/court order, and whether the warrant/subpoena/court order was signed by a judge; District personnel’s response to the officer’s request; Any further action taken by the immigration officer; and Photo or copy of any documents presented by the agent.

District personnel shall provide a copy of those notes, and associated documents collected from the officer, to legal counsel or other designated campus official.

In turn, legal counsel or designated campus official shall submit a timely report to the District’s governing board regarding the officer’s requests and actions and the District’s response(s).

Notification upon Confirmed Immigration Enforcement Presence

The District shall notify all students, faculty, staff, and other campus community members who work on campus when the presence of immigration enforcement is confirmed on campus, to the fullest extent consistent with state and federal law.

The notice shall include all of the following information: The date and time the immigration enforcement was confirmed; The location of the confirmed immigration enforcement; and A hyperlink to additional resources.

The notice shall not include any personally identifiable information.

Responding to Immigration Acts Against Students or Family Members

If there is reason to suspect that a student, faculty member, or staff person has been taken into custody as the result of an immigration action, District personnel shall notify the person’s emergency contact that the person may have been taken into custody.

District personnel shall designate a staff person as a point of contact for any student, faculty member, or staff person who may or could be subject to an immigration order or inquiry.

District personnel shall not discuss the personal information, including immigration status information, of any student, faculty member, or staff person with anyone, or reveal the personal information to anyone, unless disclosing this information is permitted by federal and state law.

District personnel shall maintain a contact list of legal service providers who provide legal immigration representation and provide this list free of charge to any student who requests it. At minimum, the list shall include the legal service provider’s name and contact number, e-mail address, and office address.

If a student is detained or deported, or is unable to attend to their academic requirements because of an immigration order, District shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received subject to and in compliance with its policy.

District personnel shall permit a student who is subject to an immigration order to re-enroll if and when the student is able to return to the District, subject to and in compliance with its policy and will make reasonable and good-faith efforts to provide for a seamless transition in the student’s re-enrollment and reacquisition of campus services and support.

District personnel shall be available to assist any student, faculty, and staff who may be subject to an immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of immigration enforcement actions.

References: Education Code Sections 66093 and 66093.3

The District shall maintain a written plan that implements the District's EEO Program. The plan shall include the definitions contained in Title 5 Section 53001 and must:

Be developed in collaboration with the District's Equal Employment Opportunity Advisory Committee;

Be reviewed and adopted at a regular meeting of the governing board where it is agendized as a separate action item and not part of the consent agenda;

Cover a period of three years, after which a new or revised plan shall be adopted; and

Be submitted to the California Community Colleges Chancellor's Office at least 90 days prior to its adoption. Comments received from the California Community Colleges Chancellor's Office on the proposed plan must be presented to the governing board prior to adoption.

The EEO plan must include all of the following:

Specific pre-hiring, hiring, and post-hiring EEO strategies the District intends to implement each year over the life of the plan;

A schedule identifying the timetables for implementation of the identified EEO strategies;

Identification of the District EEO officer with delegated responsibility and authority for implementing the EEO plan and assuring compliance with Title 5 regulations;

The procedure for filing complaints and the person with whom such complaints are to be filed;

A process for notifying all District employees of the provisions of the plan and the policy statement required;

A process for ensuring that individuals directly participating in the screening or selection process receive, prior to their participation, training on the requirements of the applicable Title 5 regulations and of state and federal nondiscrimination laws, the educational benefits of workforce diversity, the elimination of bias in hiring decisions, and best practices in serving on a screening or selection committee;

A process for providing annual written notice to appropriate community-based and professional organizations concerning the District's plan and the need for assistance from such organizations in identifying qualified, diverse pools of applicants for openings within the District;

A process for gathering information and periodic, longitudinal analysis of the District's employees and applicants, broken down by number of persons from monitored groups, as defined by Title 5 Section 53001, in each job category to determine whether additional diversification measures are required and to implement and evaluate the effectiveness of those measures. The District shall conduct a data review as part of its plan renewal, and may conduct periodic data reviews more frequently; and

A process for utilizing data available from reliable public and private sources to determine whether monitored groups are underrepresented within District job categories and strategies for addressing any underrepresentation.

The District will post a copy of the EEO plan on the District's website.

The District shall make a continuous good faith effort to comply with the requirements of the Plan.

Annual Evaluation

The District shall collect and continually monitor its employee and applicant demographic data to evaluate the implementation of the EEO Plan and to conduct the analyses required by Title 5.

The District shall report its employment-related data to the California Community Colleges Chancellor's Office annually in a manner prescribed by the Chancellor. To facilitate analysis, all applicants and employees must be assigned a job category.

The District data collection will allow applicants and employees to identify their gender (including non-binary options), ethnic group identification and, if applicable, disability in a manner prescribed by the California Community Colleges
Chancellor's Office consistent with state and federal law.

EEO Advisory Committee

That the District shall establish an EEO Advisory Committee; and

That the advisory committee shall include a diverse membership whenever possible.

The advisory committee shall receive training in all of the following:

applicable Title 5 regulations and of state and federal nondiscrimination laws;

the educational benefits of workforce diversity;

the identification and elimination of bias in hiring decisions; and

the role of the advisory committee in carrying out of the District's EEO Plan.

The responsibilities of the Committee shall include but not be limited to the following:

review and advise on recruitment efforts; job announcements, interview protocols, retention efforts and other aspects of the hiring, retention, and promotion processes that impact the District's ability to attract and retain a diverse faculty and

staff;

advise on implementing the District's obligation to hire faculty and administrators with a demonstrated sensitivity to, and understanding of, the diverse academic, socioeconomic, cultural, disability and ethnic backgrounds of community college students;

promote communication with community groups, and organizations for people with disabilities; develop communications among departments to foster understandings of the Plan;

to advise the Superintendent/President regarding special training or staff development needs;

review the Plan and monitor its progress, and

recommend changes needed in the Plan.

Employment Procedures

An equitable and inclusive employment process is essential to improve diversity, reduce barriers to employment, and allow potential applicants the opportunity to demonstrate that they meet or exceed the minimum qualifications for employment. The District's employment procedures are driven by diversity, equity and inclusion.

Job Analysis and Validation: The Director of Human Resources shall assure that a proper job analysis is performed for every job filled by the District to determine and validate the knowledge, skills, abilities, and characteristics an employee must possess to perform the job satisfactorily.

A statement of bona fide essential functions and minimum qualifications shall be developed for all positions.

Job Description: Every job description shall provide a general statement of job duties and responsibilities.

Job specifications shall include functions and tasks; knowledge; skills; ability; and job-related personal characteristics, including but not limited to sensitivity to and understanding of the diverse academic, socioeconomic, cultural, linguistic, disability, and ethnic backgrounds of community college students.

Recruitment: Recruitment must be conducted actively within and outside of the District work force.

Open recruitment is mandated for all new full-time and part-time positions, except under limited circumstances involving interim hires.

Recruitment must utilize outreach strategies designed to ensure that all qualified individuals are provided the opportunity to see employment with the District.
Recruitment for administrative and faculty positions (full and part-time) may include advertisement in appropriate professional journals, job registries and newspapers of general circulation; distribution of job announcements to the EEO Registry, K-12 districts, two and four year colleges, and graduate schools where appropriate candidates might be enrolled; recruitment at conferences, fairs, and professional meetings; notices to institutions and professional organizations.

Recruitment for classified positions shall include notice to all District personnel and other applicable external recruitment outlets.
Applicant pools: The application for employment shall afford each applicant an opportunity to identify themselves voluntarily as to gender, ethnicity, and if applicable, their disability. This information shall be maintained in confidence and shall be used only for research, validation, monitoring, evaluation of the effectiveness of the Plan, or as authorized by law.

After the application deadline has passed, the initial applicant pool shall be recorded and reviewed by the Director of Human
Resources or designee. All initial applications shall be screened to determine which candidates satisfy job specifications set forth in the job announcement. The group of candidates who meet the job specifications shall constitute the "qualified applicant pool".

Once the qualified applicant pool is formed, the pool must again be analyzed. If the Director of Human Resources or designee finds that the composition of the qualified applicant pool may have been influenced by factors which are not job related, the District may immediately, and before the selection process continues, consult with legal counsel to determine what, if any, corrective action is required by law.
Screening and Selection: Screening, selecting and interviewing candidates for all positions shall include thorough and fair procedures that are sensitive to issues of diversity.

Hiring procedures will be provided to the California Community Colleges Chancellor's Office on request. All tests conform to generally applicable legal standards for uniformity.

A reasonable number of candidates are identified for interview.

Screening and selection committees are developed that are representative of the District community and campus; include administrators, faculty, and classified staff members; include a diverse membership when possible; do not include applicants or persons who have written letters of recommendation.

Every screening and selection committee includes an individual trained to monitor conformance with EEO requirements.
The Selection Committee Chair assured that the screening and selection process conforms to accepted principles and practices, including preparation of job related questions in advance; maintains records of screening checklists and rating scales, which shall be signed and kept on file, maintains notes for all interviews and record relevant factual reasons stating why a candidate was not hired or was not invited to interview; and monitors the hiring process for adverse impact.

Selection shall be based solely on the stated job criteria.

For faculty and administrative positions, candidates shall be required to demonstrate sensitivity to diversity in ways relevant to the specific position.

If the District determines that a particular monitored group is significantly underrepresented with respect to one or more job categories, the District shall take the following additional steps:

review its recruitment procedures;

consult with counsel to determine whether there are other, additional measures that may be undertaken that are required or permitted by law;

consider various other means of reducing the underrepresentation which do not involve taking monitored group status into account and implement such techniques that are feasible;

If significant and underrepresentation persists:

1. review each locally-established job qualification to determine if it is job related and consistent with business necessity;
2. discontinue the use of any non-job-related local qualification; and
3. continue using job-related local qualifications only if no alternative standard is reasonable available; and
4. consider the implementation of additional measures designed to promote diversity.

Delegation of Authority

The Director of Human Resources is designated as the EEO Officer; charged with overseeing the day-to-day implementation of the EEO plans and programs.

Complaint Procedure
The District shall process complaints that allege unlawful discrimination according to the procedures set forth in Administrative
Procedure 3430.1 Prohibition of Harassment and Administrative Procedure 3435.1 Discrimination and Harassment Complaints and Investigations.

Job Announcements

All job announcements shall contain a statement in substantially the following form: The District is an equal opportunity employer. The policy of the District is to encourage applications from persons who are economically disadvantaged and individuals belonging to significantly underrepresented groups with the District's workforce, including ethnic and racial minorities, women, and persons with disabilities. No person shall be denied employment because of ethnicity or race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, marital status, sexual orientation, veteran or military status, or political or organizational affiliation.

Dissemination and Revision of the Plan

Such plans shall be reviewed at least every three years and, if necessary, revised and submitted to the California Community
Colleges Chancellor's Office within 90 days of the effective date of the revision or amendment(s). If the California Community
Colleges Chancellor's Office determines that the District's policies do not comply with Title 5 Sections 59300 et seq., the California Community Colleges Chancellor's Office may require the District to modify its policies.

Accountability and Corrective Action

The District shall certify annually to the Chancellor of the California Community Colleges that they have timely:

reviewed and reported the data required regarding qualified applicant pools;

Reviewed and updated, as needed, the Strategies Component of the District's EEO Plan; and

Investigated and appropriately responded to formal harassment or discrimination complaints filed pursuant to subchapter
5 (commencing with Section 59300) of chapter 10 of this division.

References: Education Code Section 87100 et seq.; Government Code Sections 7400 et seq. and 12940 et seq.
Title 5 Section 53000 et seq., and 59300 et seq.; ACCJC Accreditation Standard 3

REPLACES AP 706.1

The District is committed to providing an academic and work environment free of unlawful harassment. This procedure defines harassment , AP 3435.1 Discrimination and Harassment Complaints and Investigations sets forth a procedure for the investigation and resolution of complaints of harassment by or against any students, employees, unpaid interns, or volunteers within the District.

This procedure and the related policy protects students, employees, unpaid interns, and volunteers in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District's facilities, a District bus, or at a class or training program sponsored by the District at another location.

For information on the District's prohibition of sex-based harassment under Title IX, see BP 3433 Prohibition of Sex
Discrimination under Title IX, AP 3433.1 Prohibition of Sex Discrimination under Title IX, and AP 3434.1 Responding to Sex
Discrimination under Title IX. For other forms of harassment, Complainants should use this procedure.

Academic Freedom

No provision of this Administrative Procedure shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. (See BP 4030 Academic Freedom). Freedom of speech and academic freedom are however, not limitless and this procedure will not protect speech or expressive conduct that violates federal or California anti-discrimination laws.

Definitions

General Harassment: Harassment based on race, religious creed, color, national origin, ancestry, immigration status, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation of any person, military and veteran status, or the perception that a person has one or more of these characteristics is illegal and violates District policy. Harassment shall be found where a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes with their ability to participate in or to realize the intended benefits of an institutional activity, employment, or resource.

Gender-based harassment does not necessarily involve conduct that is sexual. Any hostile or offensive conduct based on gender can constitute prohibited harassment if it meets the definition above. For example, repeated derisive comments about a person s competency to do the job, when based on that person's gender, could constitute gender-based harassment.
Harassment comes in many forms, including but not limited to the following conduct that could, depending on the circumstances, meet the definition above, or could contribute to a set of circumstances that meets the definition:

Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on a person's race gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation; or sexist, patronizing or ridiculing statements that convey derogatory attitudes based on gender, race nationality, sexual orientation or other protected status.

Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. It also includes any physical assault or intimidation directed at an individual due to that person's gender, race, national origin, sexual orientation or other protected status. Physical sexual harassment includes acts of sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability.

Visual or Written: The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation, or other protected status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions.

Environmental: A hostile academic or work environment may exist where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation or other protected status; or gratuitous comments regarding gender, race, sexual orientation, or other protected status that are not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. It can also be created by an unwarranted focus on, or stereotyping of, particular racial or ethnic groups, sexual orientations, genders or other protected statuses. An environment may also be hostile toward anyone who merely witnesses unlawful harassment in their immediate surroundings, although the conduct is directed at others. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work.

Sexual Harassment: In addition to the above, sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from, or in, the work or educational setting when:

submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, progress, internship, or volunteer activity;

submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual;

the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment (as more fully described below); or

submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the community college.

This definition encompasses two kinds of sexual harassment:

"Quid pro quo" sexual harassment occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct.

"Hostile environment" sexual harassment occurs when unwelcome conduct based on a person's gender alters the conditions of an individual's learning or work environment, unreasonably interferes with an individual's academic or work performance, or creates an intimidating, hostile, or abusive learning or work environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person of the same gender would perceive the environment as hostile. A single or isolated incident of sexual harassment may be sufficient to create a hostile environment if it unreasonably interfered with the person's academic or work performance or created an intimidating, hostile, or offensive learning or working environment.

Sexually harassing conduct can occur between people of the same or different genders. The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person of the same gender as the victim would perceive the conduct as harassment based on sex.

Consensual Relationships

The following romantic or sexual relationships are expressly prohibited: Relationships between supervisors and employees they directly supervise; Relationships between students and faculty members in which a student is enrolled in their course; Relationships between students and faculty members who provide direct or support services; or Relationships between students and staff members or administrators where such a romantic or sexual relationship has the potential for creating an adverse impact.

There is an inherent imbalance of power and potential for exploitation in such relationships. Also, in general, romantic or sexual relationships between or among administrators, faculty, or staff members and students are discouraged. A conflict of interest may arise if the administrator, faculty members, or staff member must evaluate the student's or employee's work or make decisions affecting the employee or student. The relationship may create an appearance of impropriety and lead to charges of favoritism by other students or employees. A consensual sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. In the event that such relationships do occur, the District has the authority to transfer any involved employee to eliminate or attenuate the supervisory authority of one over the other, or of a teacher over a student. Such action by the District is a proactive and preventive measure to avoid possible charges of harassment and does not constitute discipline against any affected employee.

References: Education Code Sections 212.5, 44100, 66281.5 and 66281.8; Government Code Section 12940 and 12923; Civil Code Section 51.9; Title 2 Sections 10500 et seq.; Title 5 Sections 59320 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e

The District is committed to providing an academic and work environment free of unlawful harassment based on sex under Title
IX. This procedure defines sexual harassment on campus.
This procedure and the related policy protects students, employees, in connection with all the academic, educational, extra curricular, athletic, and other programs of the District, whether those programs take place in the District's facilities, a District bus, or at a class or training program sponsored by the District at another location.
Definitions

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

A District employee conditions the provision of an aid, benefit, or service of the District on an individual s participation in unwelcome sexual conduct (quid pro quo harassment);

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity;

Sexual assault, including the following:

Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape. (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.

Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.

Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse

Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape. Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence. Violence committed: By a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or By any other person against an adult or youth victim protected from that person's acts under the domestic or family violence laws of California.

Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

References: Title IX, Education Amendments of 1972; Title 5 Sections 59320 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e

Introduction

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

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

The District's Title IX Coordinator is the Director of Human Resources and the Title IX Coordinator's contact information is: Address and office location: 1000 Hensley Creek Road, MacMillan Hall, Room 1160 Phone number: (707) 468-3065
Email: hrdirector@mendocino.edu

The Title IX Coordinator is required to respond to reports of sexual harassment or misconduct. The Title IX Coordinator will handle information received with the utmost discretion and will share information with others on a need-to-know basis. For example, the Title IX Coordinator may need to address public safety concerns on campus, comply with state and federal legal requirements, or share information to implement supportive measures.
A report of sexual harassment to the Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below. However, the Title IX Coordinator will make an assessment to determine if there is a safety risk to the campus. If the Title IX Coordinator finds there is a continued risk, the Title IX Coordinator will file the formal complaint without the Complainant's consent or cooperation.

Title IX Harassment Complaints, Investigations, and Hearings
These Title IX sexual harassment procedures and the related policy protect students, employees, applicants for employment, and applicants for admission.
The investigation and adjudication of alleged sexual harassment under this procedure is not an adversarial process between the Complainant, the Respondent, and the witnesses, but rather a process for the District to comply with its obligations under existing law. The Complainant does not have the burden to prove, not does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.

Jurisdictional Requirements Application of Procedures
These procedures apply if the conduct meets the following three jurisdictional requirements: The conduct took place in the United States; The conduct took place in a District education program or activity. This includes locations, events, or circumstances over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings the District owns or controls or student organizations officially recognized by the District own or control.
The conduct meets the definition of Title IX sexual harassment.

Definitions

Advisor: Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice. If a Party does not have an Advisor at the time of the hearing, the District must provide the Party an Advisor of the District's choice, free of charge. The District may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.
Parties have the right to consult with an attorney, at their own expense, at any stage of the Complaint process if they wish to do so. An attorney may serve as an advisor.

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

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

reasonable, based on the facts and circumstances the Respondent knew, or reasonably should have known, at the time of the incident. A Respondent's belief is not a valid defense where:

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

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

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

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

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

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

A District employee conditions the provision of an aid, benefit, or service of the District on an individual's participation in unwelcome sexual conduct (quid pro quo harassment)
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; Sexual assault, including the following: Sex Offenses. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
Rape (except Statutory Rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including

instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse
Incest. Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape Non-Forcible. Sexual intercourse with a person who is under the statutory age of consent. There is no force or coercion used in Statutory Rape; the act is not an attack.

Dating violence. Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a relationship will be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence. Violence committed: By a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; By a person similarly situated to a spouse of the victim under the domestic or family violence laws of California; or By any other person against an adult or youth victim protected from that person's acts under the domestic or family violence laws of California.
Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

Reporting Options
Any individual may report sexual harassment to the District's Title IX Coordinator.
The District strongly encourages prompt reporting of sexual harassment. Prompt reporting allows for the collection and preservation of evidence, including physical evidence, digital media, and witness statements. A delay may limit the District's ability to effectively investigate and respond.
Because individuals may be deterred from reporting incidents of sexual harassment if alcohol, drugs, or other violations of District or campus rules were involved, the District will inform individuals that the primary concern is for student and employee safety and that use of alcohol or drugs never makes a Complainant at fault for sexual harassment. An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District's student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
Individuals have the opportunity to decide whether they want to pursue a formal Title IX complaint. Reporting sexual harassment to the Title IX Coordinator does not automatically initiate an investigation under these procedures. A report allows the District to provide a wide variety of support and resources to impacted individuals and to prevent the reoccurrence of the conduct. A Complainant or the Title IX Coordinator filing a formal complaint will initiate an investigation.

If there are parallel criminal and Title IX investigations, the District will cooperate with the external law enforcement agency and will coordinate to ensure that the Title IX process does not hinder legal process or proceedings.
The District will document reports of sexual harassment in compliance with the Clery Act, a federal law requiring data collection of crime within the campus geography. Under the Clery Act, the District does not document personal information; the District reports the type of conduct, and the time, date, and location. (Also see BP/AP 3540 Sexual and Other Assaults on Campus.)

District Employees and Officials with Authority
District Officials with Authority are not confidential resources and are required to report allegations of sexual harassment to the Title IX Coordinator promptly. All other employees are encouraged to report allegations to the Title IX Coordinator but are not required todo so.
The District has designated the following employees as Officials with Authority:

Employees identified as supervisors and/or managers

Officials with Authority are required to report all relevant information they know about sexual harassment including the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident.

Intake and Processing of Report
Receipt of Report
After receiving a report of sexual harassment, the Title IX Officer will contact the Complainant and reporting party to explain rights under this policy and procedure and invite the Complainant to an in-person meeting. The Title IX Officer will discuss supportive measures with the Parties.
Timeframe for Reporting

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

Supportive Measures
Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed. The District will provide the Complainant and Respondent with written notice of options for, available assistance in, and how to request available supportive measures. The District will provide such measures to Complainant and Respondent as appropriate and as reasonably available to restore or preserve equal access to the District's education program or activities. These measures are designed to protect the safety of all Parties,

protect the District's educational environment, or deter sexual harassment. The District will provide supportive measures on a confidential basis and will not disclose that the District is providing supportive measures except to those with a need to know to enable the District to provide the service. Supportive measures may include changes to academic, living, transportation, and working situation or protective measures such as counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

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

Removal of Respondent Pending Final Determination

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

Emergency removal
The District may remove a non-employee Respondent from the District's education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.
The District may not use emergency removal to address a Respondent's threat of obstructing the sexual harassment investigation or destroying relevant evidence. Emergency removal is only available to address health or safety risks against individuals arising out of sexual harassment allegations, not to address other forms of misconduct that a Respondent might commit pending the processing of a complaint.

The District's Director of Human Resources or designee will conduct the individualized safety and risk analysis.

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

Administrative leave

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

Formal Complaint Grievance Process

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

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

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

Dismissal of Formal Complaint

The District must investigate the allegations in a formal complaint. However, the District must dismiss the formal complaint and will not process the complaint under these procedures if any of the following three circumstances exist: If the conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in this procedure; If the conduct alleged did not occur in the District's education program or activity; If the conduct alleged did not occur against a person in the United States.

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

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

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

Consolidation of Formal Complaints

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

Equitable Treatment of the Parties

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

Statement of Presumption of Non-Responsibility

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

Bias or Conflict of Interest

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

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

Timeline for Completion

The District will undertake its grievance process promptly and as swiftly as possible. The District will complete the investigation and its determination regarding responsibility or the informal resolution process within 210 calendar days.
When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 210 calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for District breaks or vacations, or due to the complexity of the investigation. The District will provide notice of this extension to the Complainant and Respondent in writing and include the reason for the delay and anticipated timing of completion.
A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested. The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping. The District shall grant a student Party's reasonable request for an extension of a deadline related to a Complaint during periods of examinations or school closures.

Role of Advisor

The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process.
The Advisor may not testify in or obstruct an interview or disrupt the process. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.
A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination. The District must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination. If an Advisor fails to appear at the hearing, the District will provide an Advisor to appear on behalf of the non-appearing Advisor. To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.

Confidentiality Agreements

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

Use of Privileged Information

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

Student Complainant Requests for Confidentiality

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

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

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

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

Investigations

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

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

Trained investigators

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

Burden of Gathering Evidence

The District, not the Parties, has the responsibility to gather information and interview witnesses. As part of the District's burden of gathering evidence, the District's investigator will create an investigative report that fairly summarizes relevant evidence, whether itis inculpatory or exculpatory. The investigator shall not make findings or determinations of law or fact.

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

Evidence of Past Sexual History

An investigator or Decision-Maker shall not consider the past sexual history of the Complainant except in the limited circumstances described below: The investigator or Decision-Maker shall not consider the Complainant's prior sexual history unless such questions or evidence is offered to prove that someone other than the Respondent committed the alleged conduct; or The investigator or Decision-Maker shall not consider the Complainant's prior sexual behavior unless the questions or evidence concern specific incidents of the Complaint's prior sexual behavior with respect to the Respondent and are offered to prove consent.
Where the investigator or Decision-Maker allows consideration of questions or evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent pursuant to this circumstance, the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
Before allowing the consideration of any evidence proffered pursuant to this section, the investigator or Decision-Maker shall provide a written explanation to the Parties as to why consideration of the evidence is consistent with this procedure.

Notice of Investigative Interview

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

Evidence Review

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

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

Investigative Report

The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information: A description of the circumstances giving rise to the formal complaint; A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed; A summary of the testimony of each witness the investigator interviewed; An analysis of relevant evidence collected during the investigation, including a list of relevant documents; A specific finding as to whether the allegations occurred using a preponderance of the evidence standard; A table of contents if the report exceeds ten pages; and Any other information deemed appropriate by the District.

The investigator will not make a determination regarding responsibility.

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

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

Hearing

After completing an investigation and prior to completing a determination regarding responsibility, the District will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-

Maker. Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions.

Notice

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

Hearing Format

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

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

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

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

Decision-Maker

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

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

Presenting Witnesses

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

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

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

Cross-Examination

The District shall permit each Party's Advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those questions challenging credibility. The Party's Advisor must conduct cross-examination directly, orally, and in real time. A Party may never personally conduct cross-examination. The other Party shall have an opportunity to object to a question posed. The District may limit such objections to written form, and neither the Decision-Maker nor the District are obligated to respond, other than to include any objection in the record. The Decision-Maker shall have the authority and obligation to discard or rephrase any question that the Decision-Maker deems to be irrelevant. In making these determinations, the Decision-Maker is not bound by, but may take guidance from, the formal rules of evidence.
Advisors may only ask relevant cross-examination and other questions of a Party or witness.
Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Decision-Maker need not provide a lengthy or complicated explanation in support of a relevance determination.

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

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

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

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

Determinations of Responsibility

When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 30 business days after the date that the hearing ends.

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

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

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

Disciplinary Sanctions and Remedies

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

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

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

Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in pay if negotiated or available through policy or procedure, demotion if negotiated or available through policy or procedure, suspension, or discharge.

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

A Complainant or Respondent may appeal the District's determination regarding responsibility or the dismissal of a formal complaint or any allegations. A Complainant or Respondent must submit a written appeal within 10 business days from the date of the notice of determination regarding responsibility or from the date of the District's notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

The appropriate Vice President will serve as the Decision-Maker on Appeal. In filing an appeal of the District's determination regarding responsibility or the District's dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds. The grounds for appeal are as follows:

A procedural irregularity affected the outcome; New evidence was not reasonably available at the time the District's determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or The District's Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.

Appeal Procedure

If the Complainant or Respondent submit an appeal to the District, the District will:

Notify the other Party in writing within five business days of receiving a Party's appeal; Allow the non-appealing Parties at least ten business days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome;

The appeal Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, within 45 business days after the Decision-Maker on appeal receives the response to the appeal or the last day to provide a response. The District will provide the written decision simultaneously to both Parties.

The Decision-Maker on appeal may extend or otherwise modify the deadlines provided above. Either Party may seek an extension by submitting a written request to the appeal Decision-Maker explaining the need for the extension and the proposed length of the extension. The Decision-Maker will respond to the request within 48 hours in writing and will inform the Parties simultaneously whether the extension is granted.

Informal resolution

If the District determines that a formal complaint is appropriate for informal resolution, it may provide the Parties with the opportunity to participate in an informal resolution process, including mediation, at any time prior to reaching a determination regarding responsibility.

The District will provide the Complainant and Respondent written disclosure of the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The District must obtain the Parties voluntary, written consent to the informal resolution process. If the Parties reach an agreement, the District does not have to complete a full investigation and adjudication of a report of sexual harassment. At any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

The informal resolution process is not available to resolve allegations that an employee sexually harassed a student or any allegations of sexual assault.

Retaliation prohibited

The District prohibits any intimidation, threats, coercion, or discrimination against any individual who made a report or complaint of sexual harassment, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing. Individuals who experience retaliation may file a complaint using the formal complaint process described above.
Dissemination of Policy and Procedures

The District will provide its policy and procedures related to Title IX on its website and in each handbook or catalog provided to applicants for admission and employment, students, employees, and all unions or professional organizations holding collective bargaining with the District. The District will also provide its policy and procedures related to Title IX to all volunteers who will regularly interact with students and each individual or entity under contract with the District to perform any service involving regular interaction with students.

Training

The District will provide a comprehensive trauma-informed training to Title IX Coordinators, investigators, Decision-Makers, and any individual who facilitates an informal resolution process, on the definition of sexual harassment, the scope of the District's education program or activities, best practices for assessment of a sexual harassment complaint, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias and implicit bias and racial inequities, both broadly and in school disciplinary processes. Any materials used to train the District's Title IX Coordinator, investigators, Decision-Makers, and any person who facilitates an informal resolution process, will not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment. Materials for this training must include statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.

The District will provide Officials with Authority with training regarding their obligation to report sexual harassment and instruction on how to report sexual harassment to the Title IX Coordinator.

File retention

The District will retain on file for a period of at least seven years after closing the case copies of:

The original report or complaint; Any actions taken in response to the complaint, including supportive measures; The investigative report including all evidence gathered and any responses from the Parties; The District's determination regarding responsibility; Audio or audiovisual recording or transcript from a hearing; Records of any disciplinary sanctions imposed on the Respondent; Records of any remedies provided to the Complainant; Any appeal and the result; Any informal resolution and the result; and All materials used to train Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process. The District will make these training materials publicly available on its website.

The District will make these documents available to the U.S. Department of Education Office for Civil Rights upon request

References: 20 U.S. Code Sections 1681 et seq.; 34 Code of Federal Regulations Parts 106.1 et seq.
Education Code Sections 67380 et. seq.

For sexual harassment under Title IX, Complainants must proceed under BP 3433 Prohibition of Sexual Harassment under Title
IX, AP 3433.1 Prohibition of Sexual Harassment under Title IX, and AP 3434.1 Responding to Harassment Based on Sex under Title IX. For other forms of sexual harassment or gender-based harassment, Complainants should use this procedure.

Reporting and Filing Complaints

The law prohibits coworkers, supervisors, managers, and third parties with whom an employee comes into contact from engaging in harassment, discrimination, or retaliation. Any person who has suffered harassment, discrimination, or retaliation or who has learned of harassment, discrimination, or retaliation may report harassment, discrimination, or retaliation..
Complainants may have the option of filing a Complaint.
All responsible employees are required to report all actual or suspected sexual harassment to the Director of Human Resources immediately. A responsible employee is any employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has been given the duty of reporting incidents of sexual harassment to an appropriate District official who has that authority.
Confidential Reporting
An employee who is a therapist, physician, psychotherapist, member of the clergy, sexual assault counselor, domestic violence counselor, or other individual acting in a professional capacity for which confidentiality is mandated by law is exempt from having to report sexual harassment concerns to the Title IX Coordinator or other designated employee, unless otherwise required by law.
An employee who is not considered a responsible employee must inform each student who provides them with information regarding sexual harassment of the student's ability to report to a responsible employee and direct the student to those specific reporting resources.
Outreach
When a responsible employee reports actual or suspected sexual harassment involving students to the Director of Human
Resources, the Director of Human Resources will assess the report of sexual harassment and provide outreach, as appropriate, to each identifiable student who is alleged to be the victim of the reported conduct. The outreach shall include all of the following information:

The District received a report that the student may have been a victim of sexual harassment; A statement that retaliation for filing a complaint or participating in the complaint process, or both, under this procedure is prohibited; Counseling resources within the District or in the community; Where a crime may have occurred, notice that the student has the right, but not the obligation, to report the matter to law enforcement; The District's complaint and investigation procedures established pursuant to this procedure; Potential interim measures, such as no-contact directives, housing changes, and academic schedule changes, where applicable; The importance of preserving evidence; A request for the student to meet with the Title IX coordinator or other designated employee to discuss options for responding to the report; and The manner in which the District responds to reports of sexual harassment and a description of potential disciplinary consequences.

The District shall consider and respond to requests for accommodations relating to prior incidents of student sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student's access to education where both individuals are, at the time of the request, subject to the District's policies.

Complaints

A Complaint is a written or verbal statement filed with the District that alleges harassment, discrimination, or retaliation in violation of the District's Board Policies, Administrative Procedures or in violation of state or federal law. Complaints must be filed with the Director of Human Resources unless the Party submitting the Complaint alleges discrimination, harassment, or retaliation against the responsible district officer, in which case it should be submitted directly to the Superintendent/President.
The District may request, but shall not require the Complainant to submit a Complaint on the form prescribed by the Chancellor of the California Community Colleges. A copy of the form will be available at the District website
(https://www.mendocino.edu/about/administration/administrative-departments/human-resources/unlawful-discrimination), the Human Resource's Department, the Superintendent/President's Office and District "Centers". A Complainant shall report a verbal Complaint to the Director of Human Resources. The Director of Human Resources shall record the verbal Complaint in writing. The Director of Human Resources will take steps to ensure the writing accurately reflects the facts alleged by the Complainant.
A Complaint must meet each of the following criteria:

It must allege facts with enough specificity to show that the allegations, if true, would constitute a violation of District policies or procedures prohibiting discrimination, harassment, or retaliation; The Complainant must file any Complaint not involving employment within one year of the date of the alleged discriminatory, harassing, or retaliatory conduct or within one year of the date on which the Complainant knew or should have known of the facts underlying the allegations of discrimination, harassment, or retaliation; and

The Complainant must file any Complaint alleging discrimination, harassment, or retaliation in employment within 180 days of the date of the alleged discriminatory, harassing, or retaliatory conduct, except that this period shall be extended by no more than 90 days following the expiration of the 180 days if the Complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days.

If the Complaint does not meet the requirements set forth above, the Director of Human Resources will promptly contact the Complainant and specify the defect. If the Complainant is unable to fix the defect in the Complaint, the Director of Human

Resources shall consider the allegations contained in the Complaint and determine the appropriate course of action. This may include efforts to informally resolve the matter or a fact-finding investigation.

Oversight of Complaint Procedure

The Director of Human Resources is the "responsible District officer" charged with receiving complaints of discrimination or harassment, and coordinating their investigation.

The actual investigation of complaints may be assigned by the Director of Human Resources to other staff or to outside persons or organizations under contract with the District. This shall occur whenever the Human Resources Director is named in the Complaint or implicated by the allegations in the Complaint.

Who May File a Complaint

Any student, employee, parent of a minor, or an individual with legal authority on behalf of a student or employee or third party who believes the student or employee has been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy.

Where to File a Complaint
A student, employee, parent of a minor, or an individual with legal authority on behalf of a student or employee or third party who believes the the student or employee has been discriminated against or harassed in violation of these policy and procedures may make a Complaint orally or in writing directed to the Director of Human Resources. Complainants may but are not required to use the form prescribed by the Chancellor of the California Community Colleges . These approved forms are available from the Director of Human Resources and at the California Community Colleges Chancellor's Office website.

Advisers in Student Harassment Complaints

Student Parties in Complaints involving sexual harassment are permitted to have a support person or adviser accompany them during any stage of the Complaint process described in this procedure. Student Parties in Complaints involving sexual harassment have the right to consult with an attorney, at their own expense, at any stage of the Complaint process if they wish to do so. An attorney may serve as a support person or adviser.

Employment-Related Complaints

Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

Any District employee who receives a harassment or discrimination complaint shall notify the Director of Human Resources immediately.

Filing a Timely Complaint

Since failure to report harassment and discrimination impedes the District's ability to stop the behavior, the District strongly encourages anyone who believes they are being harassed or discriminated against, to file a Complaint. The District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the District's ability to investigate and remediate.

All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation.

The District will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student's or employee's ability to participate in or benefit from the school's programs or activities.

Communicating that the Conduct is Unwelcome

The District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste or inappropriate.

Intake and Processing of the Complaint

Upon receiving notification of a harassment or discrimination complaint, the Director of Human Resources shall:

Consider whether the District can undertake efforts to informally resolve the charges, including but not limited to mediation, rearrangement of work/academic schedules; obtaining apologies; providing informal counseling, training, etc.

Advise all Parties that they need not participate in an informal resolution of the Complaint, as described above, and they have the right to end the informal resolution process at any time.

Advise a student Complainant that they may file a complaint with the Office for Civil Rights of the U.S. Department of Education and employee Complainants may file a Complaint with the Department of Fair Employment and Housing. All Complainants should be advised that they have a right to file a complaint with local law enforcement, if the act complained of is also a criminal act. The District must investigate even if the Complainant files a Complaint with local law enforcement. In addition, the District should ensure that Complainants are aware of any available resources, such as counseling, health, and mental health services.

In matters involving student sexual harassment, provide student Parties notice regarding appropriate counseling resources developed and maintained by the District.
Take interim steps to protect a Complainant from coming into contact with an accused individual, especially if the Complainant is a victim of sexual violence. The Director of Human Resources should notify the Complainant of their options to avoid contact with the accused individual and allow students to change academic situations as appropriate.
For instance, the District may prohibit the accused individual from having any contact with the Complainant pending the results of the investigation. When taking steps to separate the Complainant and accused individual, the District shall minimize the burden on the Complainant. For example, it is not appropriate to remove Complainants from classes or

housing while allowing accused individuals to remain.

Regardless of whether a Complaint has been filed under this procedure, if the District knows, or reasonably should know, about possible sexual harassment involving individuals subject to the District's policies at the time, the District shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the District determines that an investigation is not required.
Student Complainant Requests Confidentiality
If a student Complainant requests confidentiality when reporting sexual harassment, which could preclude a meaningful investigation or potential discipline of the Respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the District shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the Complainant. The District shall normally grant the request when possible. In determining whether to disclose a Complainant's identity or proceed to an investigation over the objection of the Complainant, the District may consider whether any of the following apply:

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

If the District determines that it can honor the student Complainant's request for confidentiality, it shall still take reasonable steps to respond to the Complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against Respondent or revealing the identity of the Complainant. The District shall also take immediate steps to provide for the safety of the Complainant while keeping the Complainant's identity confidential as appropriate. The District shall notify the Complainant that the steps the District will take to respond to the Complaint will be limited by the Complainant's request for confidentiality.
If the District determines that it must disclose the student Complainant's identity to the Respondent or proceed with an investigation, it shall inform the Complainant prior to making this disclosure or initiating the investigation. The District shall also take immediate steps to provide for the safety of the Complainant where appropriate. In the event the Complainant requests that the District inform the Respondent that the Complainant asked the District not to investigate or seek discipline, the District shall honor this request.

Investigation

The Director of Human Resources shall:

Provide notice to student Parties to a sexual harassment complaint that the District is conducting an investigation. The notice shall include the allegations against the Respondent and the alleged District policy violations under review. If new allegations that arise during the course of the District's investigation that could subject either student Party to new or additional discipline or corrective action, the Director of Human Resources shall provide a supplemental notice to the student Parties.

Authorize the investigation of the Complaint, and supervise or conduct a thorough, prompt and impartial investigation of the complaint, as set forth below. Where the Parties opt for informal resolution, the designated officer will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. The investigation will include interviews with the Complainant, the accused, and any other persons who may have relevant knowledge concerning the Complaint. This may include victims of similar conduct.

Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred.

Investigation of the Complaint

The District shall promptly investigate every Complaint. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes Complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District's facilities, on a District bus, or at a class or training program sponsored by the District at another location. The District shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus. The District shall notify the Complainant that the District will commence an impartial fact-finding investigation of the allegations contained in the Complaint.

As set forth above, where the Parties opt for an informal resolution, the Director of Human Resources may limit the scope of the investigation, as appropriate. The District will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a need-to-know-basis is essential to a thorough investigation.
When determining whether to maintain confidentiality, the District may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the Complainant's age; whether there have been other harassment complaints about the same individual; and the accused individual's rights to receive information about the allegations if the information is maintained by the District as an education record under the Family Educational Rights and Privacy Act (FERPA), 20 U.S. Code Section 1232g; 34 Code Federal Regulations Part 99.15. The District will inform the Complainant if it cannot maintain confidentiality.

Investigation Steps

The District will fairly and objectively investigate harassment and discrimination complaints. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the District's grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially using trauma-informed investigation techniques.
The investigation and adjudication of alleged misconduct under this procedure is not an adversarial process between the Complainant, the Respondent, and the witnesses, but rather a process for the District to comply with its obligations under existing law. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlaying allegation or allegations of misconduct.

Investigators will use the following steps: interviewing the Complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each Party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the District's no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved Parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion. When the District evaluates the Complaint, it shall do so using a preponderance of the

evidence standard. Thus, after considering all the evidence it has gathered, the District will decide whether it is more likely than not that discrimination or harassment has occurred. Student Complainants should be aware that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing, if a hearing is required under this procedure.

Timeline for Completion

The District will undertake its investigation promptly and swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report, and the District shall notify the Complainant an Respondent of the outcome within 90 days of the District receiving the complaint.

Cooperation Encouraged

All employees are expected to cooperate with a District investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the District to investigate thoroughly and respond effectively. However, lack of cooperation by a Complainant or witnesses does not relieve the District of its obligation to investigate. The District will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. No employee will be retaliated against as a result of lodging a complaint or participating in any workplace investigation.

Written Report

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

A description of the circumstances giving rise to the Complaint;

A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;

A summary of the testimony provided by each witness including the Complainant and any available witnesses identified by the Complainant in the Complaint ;

An analysis of relevant data or other evidence collected during the course of the investigation, including a list of relevant documents;

A specific finding as to whether each factual allegtion in the Complaint based on the preponderance of the evidence standard;

A table of contents if the report exceeds ten (10) pages; and

Any other information deemed appropriate by the District.

Confidentiality of the Process

Investigations are best conducted within a confidential climate. Therefore, the District does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The District will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a need-to-know-

basis is essential to a thorough investigation and to protect the rights of students and employees and Respondents during the investigation process and any ensuing discipline.

Administrative Determination

In any case not involving employment discrimination, within 90 days of receiving a Complaint, the district shall complete its investigation and forward a copy or summary of the report , and written notice to the Complainant setting forth all of the following:

The Superintendent/President or their designee's determination as to whether unlawful discrimination occurred with respect to each allegation in the Complaint based on a preponderance of the evidence standard and the basis for that determination including factual findings;

In the event a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar acts of unlawful discrimination from occurring in the future;

The proposed resolution of the Complaint;

The Complainant's right to appeal to the District's Board of Trustees and the California Community Colleges
Chancellor's Office; and

In matters involving student sexual misconduct, the Respondent's right to appeal to the District's Board of Trustees any disciplinary sanction imposed upon the Respondent.
In any case involving employment discrimination, within 90 days of receiving a Complaint, the District shall complete its investigation and forward a copy or summary of the report and written notice to the Complainant setting forth all the following:

The Superintendent/President or their designee's determination as to whether discrimination occurred with respect to each allegation in the Complaint based on the preponderance of the evidence standard and the basis for that determination including factual findings;

If a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar problems from occurring in the future;

The proposed resolution of the Complaint; and

The Complainant's right to appeal to the District's Board of Trustees and to file a complaint with Department of Fair Employment and Housing.

The District shall also provide the Respondent with the following:

The Superintendent/President or their designee's determination as to whether unlawful discrimination occurred with respect to each allegation in the Complaint based on the preponderance of the evidence standard and the basis for that determination including factual findings;

The proposed resolution of the Complaint, including any disciplinary action against the Respondent; and In matters involving student sexual misconduct not subject to Title IX, the Respondent's right to appeal to the District's
Board of Trustees any disciplinary sanction imposed upon the Respondent.

Discipline for Student Sexual Misconduct Not Subject to Title IX

In a Complaint involving student sexual misconduct not subject to Title IX, if a student Respondent is subject to severe disciplinary sanctions, and the credibility of witnesses was central to the investigative findings, the District will provide an opportunity for the student Respondent to cross-examine witnesses indirectly at a live hearing, either in person or by videoconference, conducted by a neutral decision-maker other than the investigator.
In other Complaints involving sexual harassment against a student, the District shall decide whether a hearing is necessary to determine whether any sexual violence more likely than not occurred. In making this decision the District may consider whether the Parties elected to participate in the investigation and whether each Party had the opportunity to suggest questions to be asked of the other Party and witnesses during the investigation.
The District shall appoint a neutral third party to attend the hearing solely for the purpose of asking any questions to the witnesses. The neutral third party shall not be the student Respondent, the student Respondent's representative, or any individual charged with making a final determination regarding discipline. The student Respondent may submit written questions before and during the cross-examination, including any follow-up questions. Either Party or any witness may request to answer the questions by videoconference from a remote location.
At the hearing, the other Party shall have an opportunity to note an objection to the questions posed. The District may limit such objections to written form, and neither the hearing officer nor the District are obligated to respond, other than to include any objection in the record. The hearing officer shall have the authority and obligation to discard or rephrase any question that the hearing officer deems to be repetitive, irrelevant, or harassing. In making these determinations, the hearing officer is not bound by, but may take guidance from, the formal rules of evidence.
Generally the Parties may not introduce evidence, including witness testimony, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. However, the hearing officer has discretion to accept for good cause, or exclude, such new evidence offered at the hearing.
The Hearing officer shall provide an explanation of the meaning of the preponderance of the evidence standard, and affirm that it shall apply to adjudications under this procedure. The preponderance of the evidence standard is met if the District determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.

Evidence of Past Sexual History

An investigator or hearing officer, if required by this procedure, shall not consider the past sexual history of the Complainant or Respondent except in the limited circumstances described below:

The investigator or hearing officer shall not consider prior or subsequent sexual history between the Complainant and anyone other than the Respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual; The investigator or hearing office shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations;

Where the investigator or hearing officer allows consideration of evidence about a dating relationship or prior subsequent consensual sexual relations between the Complainant and the Respondent pursuant to this circumstance, the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.

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

Discipline and Corrective Action

If harassment, discrimination or retaliation occurred in violation of the policy or procedure, the District shall take disciplinary action against the accused and any other remedial action it determines to be appropriate consistent with state and federal law.
The action will be prompt, effective, and commensurate with the severity of the offense.
Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion. Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, or other discipline measures up to and including termination.
Remedies for the Complainant might include, but are not limited to:

providing an escort to ensure that the Complainant can move safely between classes and activities;

ensuring that the Complainant and alleged perpetrator do not attend the same classes or work in the same work area;

preventing offending third parties from entering campus;

providing counseling services or a referral to counseling services;

providing medical services or a referral to medical services;

providing academic support services, such as tutoring;

arranging for a student-Complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant's academic record; and

reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant being disciplined.

If the District imposes discipline, the nature of the discipline will not be communicated to the Complainant. However, the District may disclose information about the sanction imposed on an individual who was found to have engaged in harassment when the sanction directly relates to the Complainant; for example, the District may inform the Complainant that the harasser must stay away from the Complainant.

Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement.

The District shall also take reasonable steps to protect the Complainant from further harassment, or discrimination, address the hostile environment, if one has been created, prevent its recurrence, address its affects, and protect the Complainant and

witnesses from retaliation as a result of communicating the Complaint or assisting in the investigation.

The District will ensure that Complainants and witnesses know how to report any subsequent problems, and should follow-up with Complainants to determine whether any retaliation or new incidents of harassment have occurred. The District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all Parties to the extent possible without impeding the District's ability to investigate and respond effectively to the Complaint.

If the District cannot take disciplinary action against the accused individual because the Complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.

Appeals

If the District imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.

If the Complainant is not satisfied with the results of the administrative determination, they may, within thirty (30) days, submit a written appeal to the Board of Trustees.
In a Complaint involving student sexual misconduct not subject to Title IX, a Respondent who is not satisfied with the results of the administrative determination may submit a written appeal to the District's Board of Trustees within 30 days.
The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the Complainant and the Respondent . The Complainant shall also be notified of their right to appeal this decision.

If the Board does not act within 45 days the administrative determination shall be deemed approved on the 46th day and shall become the final decision of the District in the matter. The District shall promptly notify the Complainant and the Respondent of the Board's action, or if the Board took no action, that the administrative determination is deemed approved.

In any case not involving workplace discrimination, harassment, or retaliation, the Complainant shall have the right to file a written appeal with the California Community Colleges Chancellor's Office within thirty (30) days after the Board issued the final
District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Title 5 Section 59350.

In any case involving employment discrimination, including workplace harassment, the Complainant may, at any time before or after the issuance of the final decision of the District, file a Complaint with the Department of Fair Employment and Housing.
RemandThe California Community College Chancellor's Office may remand any matter to the District for any of the following reasons: to cure defects in the investigation or in procedural compliance; to consider new evidence not available during the investigation despite the Complainant's due diligence that would substantially impact the outcome of the investigation; or to modify or reverse a decision of the District's Board of Trustees based upon misapplication of an applicable legal standard or an abuse of discretion.

If the California Community College Chancellor's Office remands a matter to the District, the District shall take necessary action and issue a decision after remand within sixty (60) days. In any case not involving employment discrimination, the Complainant may appeal the District's amended determination to the California Community College Chancellor's Office within thirty (30) days by following the appeal procedures above.

Extension of Time

A student Complainant or Respondent may request, in writing, an extension of a deadline related to a Complaint during periods of examinations or school closures. The District shall grant a student Party's reasonable request for an extension of a deadline related to a Complaint during periods of examinations or school closures.
If the District is unable to comply with the 90-day deadline, the District may extend the time to respond by up to 45 additional days. An extension may be taken only once without permission from the California Community Colleges Chancellor's Office, and must be necessary for one of the following reasons:

a need to interview a party or witness who has been unavailable; a need to review or analyze additional evidence, new allegations, or new complaints related to the matter; or to prepare and finalize an administrative determination.

The District shall send a written notice to the Complainant and to a Respondent who is aware of an investigation indicating the necessity of an extension, the justification for the extension, and the number of days the deadline will be extended. The District shall send this notice no later than ten (10) days prior to the initial time to respond.
The District may request additional extensions from the California Community Colleges Chancellor's Office after the initial 45- day extension. The District shall send a copy of the extension request to the Complainant and to a Respondent who is aware of an investigation. The Complainant and Respondent may each file a written objection with the California Community Colleges
Chancellor's Office within five (5) days of receipt.

Disclosures to the California Community Colleges Chancellor's Office

Upon request of the California Community Colleges Chancellor's Office, the District shall provide copies of all documents related to a discrimination Complaint, including the following:

the original Complaint; any investigative report unless subject to the attorney-client privilege; the written notice to the Complainant setting forth the results of the investigation; the final administrative decision rendered by the Board or a statement indicating the date upon which the decision became final; and a copy of the notification to the Complainant of their appeal rights, the Complainant's appeal of the District's administrative determination, any other non-privileged documents or information the Chancellor requests.

The District shall provide to the California Community Colleges Chancellor's Office an annual report with the following information:

the number of employment and non-employment discrimination complaints and informal charges received in the previous academic year; the number of complaints and informal charges resolved in the previous academic year; the number of complaints of unlawful discrimination received in the previous academic year; and the number of those complaints that were sustained in whole or in part; and any other information requested by the Chancellor.

Interim and Supportive Measures

Interim measures are individualized services offered as appropriate to either or both the Complainant and Respondent in an alleged incident of sexual misconduct, prior to an investigation or while an investigation is pending.

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a Complaint has been filed.

The District will provide interim or supportive measures to Parties as appropriate and as reasonably available.

Interim and supportive measures may include changes to academic, living, transportation, and working situation or protective measures such as counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restriction on contact between Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

No-Contact Directives

When requested by a Complainant or otherwise determined to be appropriate, the District shall issue an interim no-contact directive prohibiting the Respondent from contacting the Complainant during the pendency of the investigation. The District shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party's safety or well-being, or to respond to interference with an investigation. If the District issues a no-contact directive after making decision of responsibility, the no-contact directive shall be unilateral and only apply against the Party found responsible.

Upon the issuance of a mutual no-contact directive, the District shall provide the Parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the District shall provide the Parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.

File Retention

The District will retain on file for a period of at least five years after closing the case copies of:

the original Complaint;

the investigatory report;

the summary of the report if one is prepared;

the notice provided to the Parties, of the District's administrative determination and the right to appeal;

any appeal; and

the District's final decision.

. For any appeal to the California Community Colleges Chancellor's Office, the District shall provide all relevant, non-privileged documents upon request of the California Community Colleges Chancellor's Office.

Dissemination of Policy and Procedures

District policy and procedures related to harassment will include information that specifically addresses sexual violence. District policy and procedures will be provided to all students, all employees, all volunteers who will regularly interact with students, and each individual or entity under contract with the District to perform any service involving regular interaction with students at the District. District policy and procedures related to harassment will also be posted on campus and on the District's website.

When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee's personnel file. In addition, these policies and procedures are incorporated into the District's course catalogs and orientation materials for new students.

Training

By January 1, 2021 the District shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees. All new employees must be provided with the training and education within six months of their assumption of their position. After January 1, 2021, the District shall provide sexual harassment training and education to each employee once every two years. An employee who received this training and education in 2019 is not required to have refresher training until after two years thereafter.

The training and education required by this procedure shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment, a review of abusive conduct and harassment based on gender identity, gender expression, and sexual orientation. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Supervisor's harassment training must also address potential exposure and liability for employers and individuals, supervisor's obligation to report sexual harassment, discrimination, and retaliation when they become aware of it, and appropriate remedial measures to correct harassing behavior. Training for responsible employees must also address the responsible employee's obligation to report sexual harassment and instruction on how to report sexual harassment to the responsible District officer.

The District will also provide comprehensive, trauma-informed training to each employee involved in the District's sexual harassment or discrimination grievance procedure including investigating and adjudicating complaints involving sexual violence, sexual assault, domestic violence, dating violence, and stalking. This training shall include information on trauma-informed investigatory and hearing practices that help ensure an impartial and equitable process, best practices for assessment of

sexual harassment or sexual violence complaint, best practices for questioning of the complainant, respondent, and witnesses, and implicit bias and racial inequities, both broadly and in school disciplinary processes. Materials for this training shall include statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.

The District will maintain appropriate records of the training provided, including the names of the supervisory employees trained, the date of training, sign in sheets, copies of all certificates of attendance or completion issued, the type of training provided, a copy of all written or recorded training materials, and the name of the training provider. If the training is provided by webinar, the District will maintain a copy of the webinar, all written materials used by the training and all written questions submitted during the webinar, and document all written response or guidance the trainer provided during the webinar. The District will retain these records for at least two years.

The District will also provide training to students who lead student organizations. The District should provide copies of the sexual harassment policies and training to all District law enforcement unit employees regarding the grievance procedures and any other procedures used for investigating reports of sexual violence.

In years in which a substantive policy or procedural change has occurred, all District employees will attend a training update or receive a copy of the revised policies and procedures.

Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and the District's potential liability, or that they did not understand the policy and desire further training.

Education and Prevention for Students

In order to take proactive measures to prevent sexual harassment and violence toward students, the District will provide preventive education programs and make victim resources, including comprehensive victim services, available. The District will include such programs in their orientation programs for new students, and in training for student athletes and coaches. These programs will include discussion of what constitutes sexual harassment and sexual violence, the District's policies and disciplinary procedures, and the consequences of violating these policies. A training program or informational services will be made available to all students at least once annually.

The education programs will also include information aimed at encouraging students to report incidents of sexual violence to the appropriate District and law enforcement authorities. Since victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of District or campus rules were involved, the District will inform students that the primary concern is for student safety and that use of alcohol or drugs never makes the victim at fault for sexual violence. An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District's student conduct policy at or near the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

References:

Education Code Sections 212.5, 231.5, 66281.5, 66281.8, and 67386; Government Code Section 12950.1; Title 5 Sections 59320, 59324, 59326, 59328, and 59300 et seq.; Title 2 Sections 11023 and 11024;

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.

A "service animal" for purposes of this procedure means any dog (or miniature horse, as provided herein) that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

The District will allow an individual with a disability to use a miniature horse as a service animal in District facilities and on District campuses if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and the District has determined, based on the assessment factors provided in this procedure, that a reasonable accommodation can be made.

The District will allow an individual with a disability to be accompanied by their service animal in all areas of the District's facilities where members of the public, invitees, clients, customers, patrons, or participants in services, programs or activities, as relevant, are allowed to go.

Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.

The work or tasks performed by a service animal must be directly related to the handler's disability. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

These procedures shall also be applicable to an individual who is training a service animal.

Exceptions

The District may ask an individual with a disability to remove a service animal from the premises if:

The animal is out of control and the animal's handler does not take effective action to control it; or

The animal is not housebroken.

If a service animal is excluded under one of these exceptions, the District will give the individual with a disability the opportunity to obtain goods, services, and accommodations or to participate in the service, program, or activity without having the service animal on the premises.

Assessment Factors for Miniature Horses

The District shall consider the following factors:

The type, size, and weight of the miniature horse and whether the facility can accommodate these features;

Whether the handler has sufficient control of the miniature horse;

Whether the miniature horse is housebroken; and

Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

Control

The service animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

Care or Supervision

The District is not responsible for the care or supervision of the animal. Individuals are responsible for cleaning up after their animals except for extenuating circumstances.

Inquiries by the District

The District may make two inquiries to determine whether an animal qualifies as a service animal:

Whether the animal is required because of a disability; and

What work or task the animal has been trained to perform.

The District will not make either of these inquiries when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

An individual may choose to produce a county service dog license or identification tag as proof that the animal is a service animal. Licensure or certification is not required in order to meet the definition of service animal under this procedure. There are no licensing or certification requirements for miniature horses.

Individuals who have service animals are not exempt from following local animal control or public health requirements.

No Surcharge

The District will not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If the District normally charges individuals for damage caused by pets, an individual with a disability may be charged for damage caused by their service animal.

References: Civil Code Sections 54 et seq.; Penal Code Section 365.5; The 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)

A campus safety plan shall be developed and provided to students.

The Director of Campus Security prepares and annually updates a report of all occurrences reported to campus security of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication, and of all occurrences of noncriminal acts of hate violence reported to campus authorities. A written report will be submitted to the Board.

Written records of noncriminal acts of hate violence shall include at least a description of the act of hate violence, the victim characteristics, and offender characteristics, if known.

Note: Education Code Section 67380 defines "hate violence" as "any act of intimidation or physical harassment, physical fore or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons or the property of any person or group of persons or the property of any person or group of persons because of the ethnicity, race, national origin, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group." Section 67380 requires reporting of both occurrences reported to campus policy or safety authorities of and arrests for crimes that involve hate violence (Section 67380(a)(1)(A)) and of "non-criminal acts of hate violence (Education Code Section 67380(a)(1)(B)).

For purposes of reporting under the Clery Act, "hate crimes" include domestic violence, dating violence, and stalking.

References: Education Code Sections 212,67380, and 87014; Penal Code Section 245; 20 U.S. Code Sections 1092(f) and 1232g; 34 Code of Federal Regulations 668.46;

34 Code of Federal Regulations 99.31(a)(13),(14); Campus Security Act of 1990

During District business hours, the District will be open to students, parents, employees, contractors, guests and invitees.
During non-business hours access to all District facilities is by key, if issued, or by admittance via the campus security. In the case of periods of extended closing, the District will admit only those with prior written approval to all facilities.

Emergencies may necessitate changes or alterations to any posted schedules.

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

All persons visiting the campus are expected to conduct themselves in accordance with standards of the District which are designed to perpetuate its educational purposes, and to comply with the campus rules, city and county ordinances, appropriate educational code sections, and state laws. Visitors may be required to leave the premises if deemed to interfere with peaceful conduct of the activities of the District.

Visitors are welcome at all public meetings held at District facilities. However, unsupervised visitors may not attend classes, meetings or convocations intended only for faculty, staff and/or students unless permission has been obtained from the appropriate supervisor responsible for the area being visited.

No person, including but not limited to children, relatives or friends of students or employees, shall attend any class, laboratory, field trip or any other instructional or educational activity for which they are not registered or enrolled without verifiable permission from the Dean or Instructor of Record.

No child shall be on District properties unless enrolled in an authorized program (e.g., Dual Program or Child Development
Center) or accompanied and supervised by an adult, parent, or guardian.

No person, including but not limited to children, relatives, or friends of any employee, contractor, or person performing work for the District, shall be at the workplace without verifiable permission.

References: Penal Code Sections 626, 627

34 Code of Federal Regulations Section 668.46(b)(3); ACCJC Accreditation Standard III.B.1

The college encourages safe, supervised campus visits by children and minors for the purpose of attending educational, cultural or sporting events, programs and camps; and in order to make decisions about their academic future.

For the purpose of this procedure, the following definitions are used:

Child(ren) is defined as anyone under the age of 14.

Minor(s) is defined as anyone under the age of 18.

Enrolled students under the age of 18 are not considered minor children.

The invitation of children and minors may be permitted with the following precautions and limitations which are intended to protect health and safety, maintain productivity and comply with regulations.

Guidelines

No child under the age of 14 may be left alone on campus at any time for any reason, including in District buildings, on District grounds or in a vehicle. Campus Security will call the police if any child is found left alone in a car or wandering alone on the campus.

Line of sight supervision of children by the parent, guardian, or adult is required at all times.

A child shall not be left with a District employee unless that child is enrolled in an authorized program. The District does not supervise children or minors outside of officially sanctioned programs and neither the District or its employees or students may accept responsibility to do so on behalf of the District.

It is the responsibility of the parent, guardian or adult to ensure that children do not disrupt the educational setting.

Children may not be left on campus when the reason for the child's presence is to take the place of child care services while the accompanying adult is in class.

Children shall not be unattended in public areas such as the library, the food service area, or left to wait or play outside a classroom while the accompanying adult is in class.

Children may not be present in classrooms or labs and may not attend class activities such as field trips.

Under no circumstances are children and minors to be admitted in areas where dangerous substances or equipment are in use, power plants, high security areas, mechanical rooms, and other high-risk areas.

With the permission of the immediate supervisor, children and minors may occasionally accompany an employee of the District while the employee is working. This is not intended to be a regular occurrence. The child/minor must remain under continuous supervision of an the adult responsible for them and their presence should in no way obstruct or diffuse services or work duties in the area.

On occasion, a student may want to bring a child or minor to class. This could be permitted due to a family emergency. The student should ask permission from the faculty member prior to the start of class. If a child/minor becomes disruptive, the student and child/minor must leave the classroom.

Staff or students who observe children who appear to be unattended should contact Campus Security. College staff, faculty and administrators have the responsibility to direct the removal of a child in accordance with this policy.

Reference: Welfare Institutions Code 625, Education Code 32211 (A), Vehicle Code 15620

Previously listed as AP 319.1 - Procedures for Visitors and Children on Campus

EMERGENCY RESPONSE AND EVACUATION PROCEDURES
General information about the emergency response and evacuation procedures for the District are publicized each year as part of the District’s Clery Act compliance efforts and that information is available on the District website at www.mendocino.edu.

In the event of a major disaster, every community college employee automatically becomes a civil defense worker under Government Code Sections 3100-3101.

All members of the campus community are notified on an annual basis that they are required to notify the Campus
Security of any incident on campus that involves a significant emergency or dangerous situation that may involve an immediate or ongoing threat to the health and safety of students and employees on campus. Campus Security has the responsibility of responding to, and summoning the necessary resources, to mitigate, investigate, and document any situation that may cause a significant emergency or dangerous situation. In addition, Campus Security has a responsibility to respond to such incidents to determine if the situation does in fact, pose a threat to the community. If so, federal law requires that the institution immediately notify the campus community or the appropriate segments of the community that may be affected by the situation.

Upon confirmation or verification by the District that a legitimate emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus, the District will determine the content of the message and will use some or all of the systems described below to communicate the threat to the campus community or to the appropriate segment of the community, if the threat is limited to a particular building or segment of the population. The District will, without delay, take into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the judgment of the first responders (including, but not limited to: Campus Security), compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.

In the event of a serious incident that poses an immediate threat to members of the campus community, the District has various systems in place for communicating information quickly. Some or all of these methods of communication may be activated in the event of an immediate threat to the campus community. These methods of communication include network emails, emergency text messages that can be sent to a phone, public address system, phone calling trees, electronic signs, and the District website. The District will post updates during a critical incident on the District web site at www.mendocino.edu.

The District’s Director of Community Relations and Communications will be responsible for the dissemination of emergency information to the larger community through text messages, electronic signs, social media, radio, and the District website.

TESTING EMERGENCY RESPONSE AND EVACUATION PROCEDURES
An evacuation drill is coordinated by the Campus Security at least once per year for all facilities on campus. Students learn the locations of the emergency exits in the buildings and are provided guidance about the direction they should travel when exiting each facility for a short-term building evacuation. Campus Security does not establish locations for evacuation in advance because those decisions are affected by time of day, location of the building being evacuated, the availability of the various designated emergency gathering locations on campus, and other factors such as the location and nature of the threat. In both cases, the Campus Security and District staff on the scene will communicate information to students regarding the developing situation or any evacuation status changes.

Evacuation drills are monitored by the Campus Security and District administration to evaluate egress and behavioral patterns. Reports are prepared by participating departments which identify deficient equipment so that repairs can be made immediately. Recommendations for improvements are also submitted to the appropriate departments and offices for consideration.

The District conducts numerous announced drills and exercises each year and conducts follow-through activities designed for assessment and evaluation of emergency plans and capabilities. Campus Security and District administration coordinate announced evacuation drills once per year, as described above, to test the emergency response and evacuation procedures, and to assess and evaluate the emergency evacuation plans and capabilities. For each test conducted, the Director of Campus Security will document a description of the exercise, the date, time, and whether it was announced or unannounced. The District will publish a summary of its emergency response and evacuation procedures in conjunction with at least one drill or exercise each calendar year.

PURPOSE
The Emergency Response Plan is the District’s planned response to all hazards on or affecting the campus or surrounding community. The plan will be activated by the District Superintendent/President or their delegated representative. The emergency response plan details actions and responsibilities for all employees of the District including those on the Emergency Operations Center (EOC) staff.

RESPONSIBILITY
Government Code Sections 3100-3101 state that all employees of the District are declared civil defense workers during emergencies, subject to such defense activities as may be assigned to them. Federal and state regulations further state that all employees of the District must be trained and qualified in specified Federal Emergency Management Agency
(FEMA) courses depending on an employee’s emergency response responsibilities.

EMERGENCY OPERATIONS CENTER (EOC)
The Emergency Operations Center (EOC) will be activated during emergency situations. The Superintendent/President or their designated representative will activate the EOC. The EOC may be staffed by one or more key administrators depending on the situation and response. The EOC staff will direct the District’s response to the emergency situation, coordination with outside agencies and requests for outside support. The EOC staff will be aided in their duties by Building Evacuation Leaders (BELs) that are trained response personnel from the District employees.

The EOC is composed of key administrators, record keepers, and the individual who is responsible for Administration of Justice. The EOC shall:

Declare a major emergency in the event of earthquake, explosion, flood, etc.

Assess the overall disaster based on reports from area managers

Initiate the emergency notification chain (call back of employees)

Mobilize any additional staff to heavily damaged areas

Determine the “All-Clear” when the disaster is over

All press releases will be prepared by the Director of Community Relations and Communications. In absence of this person, the key administrator will designate an individual responsible for this function.

PREPAREDNESS
The District’s preparedness is based on pre-staged supplies, training and awareness, emergency drills, and support agreements with civil and private agencies. All employees of the District will receive training in responding to and managing emergency situations according to federal and state laws and regulations. The best response to emergency situations is preparedness.

EMERGENCY ASSEMBLY AREAS
Emergency Designated Assembly areas will be listed in the published plan. Additionally, signs designating the Assembly
Areas will be posted. Assembly areas will be subject to change.

DAY INSTRUCTORS: RESPONSIBLITIES

1. Coordinate evacuation from classroom if necessary.
2. Assist disabled individuals out of buildings without use of elevators.
3. Assess overall situation in classroom.
4. Initiate first aid if qualified individual is available.
5. Report when students are safe to move to an emergency assembly point or command post.
6. Assist area managers as necessary.
7. Provide special assistance to any disabled individual in the area.

EVENING INSTRUCTORS: RESPONSIBILITIES

1. Coordinate evacuation from classroom if necessary.
2. Assist disabled individuals out of buildings without use of elevators.
3. Assess overall situation in classroom.
4. Initiate first aid if qualified individual is available.
5. Report when students are safe to move to an emergency assembly point or command post.
6. Report via runner any casualties, structural damage, and hazardous material spills and status of volunteer student help control point of command post.

OTHER EMPLOYEES: RESPONSIBILITIES

1. Follow survival instructions.
2. Coordinate/assist evacuation of department/service area if necessary.
3. Assist disabled individuals out of buildings without use of elevators.
4. Assess immediate problems if possible.
5. Report to area assembly point when safe.
6. Assist area manager, as needed:
7. Performing first aid (if qualified)
8. Serving as a communication runner, etc.
9. Conducting record keeping and note taking

REPORTING EMERGENCIES NOT PREVIOUSLY COVERED:

The quickest and easiest way to obtain professional help for any type of emergency not specifically covered by these procedures is to phone for assistance. Dial 911 and/or Campus Security at 707-468-3155.

References: 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; California Code of Regulations Title 19, Sections 2400-2450; 34 Code of Federal Regulations Part 668.46 subdivisions (b)(13) and (g)

The District is committed to providing a safe work environment that is free of violence and the threat of violence.
If there is an immediate threat/danger present, or an injury requiring immediate medical attention, call 911.
Responding to Threats of Violence
The top priority in this process is effectively handling critical workplace incidents, especially those dealing with actual or potential violence.
Violence or the threat of violence except when acting in self-defense, against or by any employee of the District or any other person is unacceptable.

Should a non-employee on District property demonstrate or threaten violent behavior, they may be subject to criminal prosecution or other legal action.

Should an employee, during working hours, demonstrate or threaten violent behavior, they may be subject to disciplinary action up to and including dismissal and/or criminal prosecution.

The following actions are considered violent acts:

Striking, punching, slapping or assaulting another person.

Fighting or challenging another person to fight.

Grabbing, pinching or touching another person in an unwanted way whether sexually or otherwise.

Engaging in dangerous, threatening, or unwanted horseplay.

Possession, use, or threat of use, of a firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive, on District property, including parking lots, other exterior premises, District vehicles, or while engaged in activities for the District in other locations, unless such possession or use is a requirement of the job.

Threatening harm or harming another person, or any other action or conduct that implies the threat of bodily harm.

Bringing or possessing any dirk, dagger, ice pick or knife having a fixed blade longer that 2-1/2 inches upon the grounds unless the person is authorized to possess such a weapon in the course of their employment, has been authorized by a District employee to have the knife, or is a duly appointed peace officer who is engaged in the performance of their duties.
Nothing in this section is intended to prevent staff and/or students from bringing kitchen utensils to be utilized in a course of instruction or food preparation.

Any employee who is the victim of any violent, threatening or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a District employee or a non-employee, shall immediately report the incident to their supervisor, other management team member, or local law enforcement.

No one acting in good faith who initiates a complaint or reports an incident under this procedure or related policy will be subject to retaliation or harassment.

An employee reported to be a perpetrator will be provided due process in accordance with the collective bargaining agreement.

In the event the District fears for the safety of any person at the scene of the violent act, appropriate law enforcement personnel will be called.

References:

Cal/OSHA: Labor Code Sections 6300 et seq.; Title 8, Section 3203; Code of Civil Procedure Section 527.8; Penal Code Sections 273.6, 626.9, and 626.10

Members of the Mendocino-Lake Community College District who are witnesses or victims of a crime should immediately report the crime to the appropriate local enforcement agency where the crime occurred.

In the event an employee is assaulted, attacked or menaced by a student, the employee shall notify their supervisor as soon as practical after the incident. The supervisor of any employee who is attached, assaulted, or menaced shall assist the employee to promptly report the attach or assault to the appropriate local enforcement agency where the crime occurred. The supervisor shall make the report if the employee is unable or unwilling to do so. Reporting a complaint to local law enforcement will not relieve the District of its obligation to investigate all complaints of harassment.

The District shall publish warnings to the campus community about the following crimes:

Criminal homicide - murder and non-negligent manslaughter;

Criminal homicide - negligent manslaughter;

Sex offenses - forcible and non-forcible sex offenses;

Domestic violence, dating violence, and stalking;

Robbery;

Aggravated assault;

Burglary;

Motor vehicle theft;

Arson;

Arrests for liquor law violations, drug law violations, and illegal weapons possession;

Persons who were not arrested for liquor law violations, drug law violations, and illegal weapons possession, but who were referred for campus disciplinary action for same;

Crimes that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability and involve larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, or any other crime involving bodily injury;

Those reported to law enforcement authorities; and

Those that are considered to represent a continuing threat to other students and employees.

In the event that a situation arises, either on or off campus, that, in the judgement of the Superintendent/President constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be issued through the college e-mail system to students, faculty, and staff. The information shall be disseminated by the Director of Community Relations and Communications in a manner that aids the prevention of similar crimes.

Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, the Director of Community Relations and Communications may also post a notice on the campus-wide electronic bulletin boards and the District web site at: www.mendocino.edu, providing the community with more immediate notification. Anyone with information warranting a timely warning should report the circumstances to
9-1-1 and then Campus Security, by phone 707-468-3155 or in person at Building 6700.

The District shall not be required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor.

If there is an immediate threat to the health and safety of students or employees occurring on campus, the District shall follow its emergency notification procedures.

The District shall annually collect and distribute statistics concerning crimes on campus. All college staff with significant responsibility for student and campus activities shall report crimes about which they receive information.

The District shall publish an Annual Security Report every year by October 1 that contains statistics regarding crimes committed on campus and at affiliated locations for the previous three years. The Annual Security Report shall also include policies pertaining to campus security, alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, victims’ assistance program, student discipline, campus resources and other matters. The District shall make the report available to all current students and employees. The District will also provide perspective students and employees with a copy of the Annual Security Report upon request. A copy of the Annual Security Report can be obtained by contacting Campus Security or can be found on the District website at www.mendocino.edu.

To Report a Crime:

Call 9-1-1. and then

contact Campus Security at 707-468-3155.

Any suspicious activity or person seen in the parking lots or loitering around vehicles or inside buildings should be reports to Campus Security.

In addition, you may report a crime to the following areas:

Assistant Superintendent/Vice President of Administrative Services - 707-468-3068

Vice President of Student Services - 707-468-3253

Vice President of Academic Affairs - 707-468-3068

The District does not allow victims or witnesses to report crimes on a voluntary, confidential basis for inclusion in he annual disclosure of crime statistics.

Required Reports to Law Enforcement Agency

Any report of willful homicide, forcible rape, robbery, aggravated assault, sexual assault, or hate crime, committed on or off campus, that is received by a campus security authority and made by the victim for the purposes of notifying the institution or law enforcement must be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency. The report shall not identify the victim, unless the victim consents to being identified after the victim has been informed of their right to have their personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency unless the institution determines that both of the following apply, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and notify the victim of the disclosure:

the alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and

the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

References: Education Code Sections 212, 67380, 67383, and 87014; Penal Code Sections 245 and 422.55; Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998; 20 United States Code Section 1232g; 34 Code of Federal Regulations Parts 99.31 subdivisions (a)(13), (14) and 668.46;

Campus Security Act of 1990

The District shall include in its Annual Security Report a statement advising the campus community where information pertaining to registered sex offenders may be obtained.

Sex offenders are required to register with the law enforcement in the jurisdiction in which they reside and at institutions of higher learning if they work there as employees, contractors, or volunteers. A sex offender who is an employee or volunteer in the District must disclose their status as a registrant upon their application or acceptance of the position if they:

1. would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children or
2. would be working directly and in an accompanied setting with minor children and their work would require touching minor children on more than an incidental basis.

A sex offender who must register for committing a crime against a minor victim under the age of 16 is prohibited from serving as an employer, employee, contractor, or volunteer in any capacity in which the sex offender would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or involving having supervision or disciplinary power over minor children.

Sex offenders who may be required to register should do so at the Mendocino County Sheriff's Office, 951 Low Gap Road, Ukiah, CA 95482 and at the Campus Security office, building 6700 (707) 468-3155.
Information concerning registered sex offenders can be obtained from the Mendocino County Sheriff's Office, 951 Low Gap
Road, Ukiah, CA 95482.

References: Penal Code Sections 290, 290.01, and 290.95; 34 Code of Federal Regulations Part 668; 42 U.S. Code Section 14071j; 20 U.S. Code Sections 1092(f)(1)(I) and 1232g(b)(7)(A) (Campus Sex Crimes Prevention Act)

The Mendocino-Lake Community College District recognizes the responsibility of its staff to report to the appropriate agency when there is a reasonable suspicion that an abuse or neglect of a child may have occurred. Mandated reporters include faculty, educational administrators and classified staff. Volunteers are not mandated reporters, but are encouraged to report suspected abuse or neglect of a child.

Child abuse is defined as physical abuse, neglect, sexual abuse, and/or emotional maltreatment. This procedure addresses the sexual assault, sexual exploitation, and/or sexual abuse of a child; the willful cruelty or unjustifiable punishment of a child; incidents of corporal punishment or injury against a child; abuse in out-of-home care; and the severe and/or general neglect of a child (definitions contained in Penal Code Sections 11165).

"Reasonable suspicion" occurs when "it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate, their training and experience, to suspect child abuse". (Penal Code Section 11166 subdivision (a)).

A child protective agency is a police or sheriff's department, a county probation department, or a county welfare department.
School district police or security departments are not child protective agencies (Penal Code Section 11165.9).

Any person not mandated by law to report suspected child abuse has immunity unless the report is proven to be false and the person reporting knows it to be false, or the report is made with reckless disregard of the truth or falsity of the incident (Penal
Code Section 11172 subdivision (a)). Reporting is an individual responsibility. An employee making a report cannot be required to disclose their identity to the employer (Penal Code Section 11166 subdivision (h)). However, a person who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and up to a $1,000 fine (Penal Code Section
11172 subdivision (e)).

Mandated reporters must report immediately any reasonable suspicion of child abuse to a local child protective agency and follow up with a written report within 36 hours. The written report may be mailed or submitted by fax or electronic submission.

Reports may be made with the Department of Social Services:

Mendocino County 866.236.0368 (no charge to the calling party)

Lake County 707.262.0235 or 800.386.4090 (no charge to the calling party)

Child abuse reporting forms are available in the Vice President's Office.

No mandated reporter who reports a known or suspected instance of child abuse shall be civilly or criminally liable for any report required or authorized by the Penal Code. Any person other than a child care custodian reporting a known or suspected instance of child abuse shall not incur any liability as a result of making any report of child abuse, unless it can be proven that a false report was made and the person knew that the report was false (Penal Code Section 11172(a)).

Notice and Release of Information

When the Superintendent/President, or designee, releases a minor student to a peace officer for the purpose of removing the minor from the campus, the District official shall take immediate steps to notify the parent or guardian regarding the release of the minor to the officer, and regarding the place to which the minor is reportedly being taken (Education Code Section 87044), except when a minor has been taken into custody as a victim of suspected child abuse, as defined in Penal Code Section 11165 or pursuant to Welfare and Institutions Code Section 305. In those cases, the official shall provide the peace officer with the address and telephone number of the minor's parent or guardian.

Non-accidental physical injury is considered to be a health and safety emergency, and parental consent is not required for release of student information under the Family Education Rights and Privacy Act, or the California Student Records
Act (Education Code Sections 76200 et seq.).

Information relevant to the incident of child abuse may be given to an investigator from a child protective agency who is investigating the known or suspected cause of child abuse (Penal Code Section 11167(b)).

The District shall provide a mandated reporter with a statement informing the employee that they are a mandated reporter and inform the employee of their reporting obligations under Penal Code Section 11166 and of their confidentiality rights under subdivision (d) of Penal Code Section 11167. The District shall provide a copy of Penal Code Sections 11165.7, 11166, and
11167 to the employee. Prior to commencing their employment and as a prerequisite to that employment, employee shall sign and return the statement to the District. The signed statements shall be retained by the District (Penal Code Section 11166.5).

The District will distribute this procedure to all employees.

Reference:

Education Code Sections 76200 et seq. and 87044; 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.

Campus Security maintains a close working relationship with the Mendocino County Sheriff’s Office, Lakeport Police
Department, Willits Police Department, Fort Bragg Police Department and the California Highway Patrol. Meetings may be held between the leaders of these agencies on both a formal and informal basis. Campus Security and the Mendocino
County Sheriff’s Office, Lakeport Police Department, Willits Police Department, Fort Bragg Police Department and the California Highway Patrol communicate regularly on the scene of incidents that occur in and around the campus area.
When incidents arise that require joint investigative efforts, resources, crime related reports and exchanges of information, Campus Security will work closely with the Mendocino County Sheriff’s Office, Lakeport Police
Department, Willits Police Department, Fort Bragg Police Department and the California Highway Patrol. There is no written memorandum of understanding between the and Mendocino County Sheriff’s Office, Lakeport Police
Department, Willits Police Department, Fort Bragg Police Department and the California Highway Patrol.

In response to a call, Campus Security will take the required action, dispatching security personnel or asking the victim to file an incident report. All incident reports received by Campus Security are forwarded to the Director of Facilities
Planning, Operations & Sustainability for review and potential action.

Crimes should be reported to Campus Security to ensure inclusion in the annual crime statistics and to aid in providing timely warning notices to the community, when appropriate.

Community members, students, faculty, staff, and guests are encouraged to report all crimes and public safety related incidents to Campus Security and/or the Mendocino County Sheriff’s Office, Lakeport Police Department, Willits Police
Department, Fort Bragg Police Department and the California Highway Patrol in a timely manner. To report a crime or an emergency on any campus, call the 9-1-1. To report a non-emergency security or public safety related matter, call
Campus Security at 707-468-3155.

Security officers have the authority to ask persons for identification and to determine whether individuals have lawful business at the District. Safety and Security officers do not possess arrest power. Criminal incidents are referred to the local law enforcement officers who have jurisdiction on the campus. The District maintains a highly professional working relationship with the Mendocino County Sheriff’s Office, Lakeport Police Department, Willits Police
Department, Fort Bragg Police Department and the California Highway Patrol. All crime victims and witnesses are strongly encouraged to immediately report the crime to Campus Security and the appropriate police agency. Prompt reporting will ensure timely warning notices on-campus and timely disclosure of crime statistics.

Campus mental health counselors are “Professional Counselors,” when acting as such, are not considered to be campus security officers and are not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics.

A Professional Counselor is an employee of a District whose official responsibilities include providing psychological counseling to members of the District’s community and who is functioning within the scope of his/her/their license or certification.

References: Education Code Sections 67381 and 67381.1; 34 Code of Federal Regulations Part 668.46

Firearms, knives, explosives or other dangerous objects including but not limited to any facsimile firearm, knife or explosive, are prohibited on any District campus or at any District center, or in any facility of the District. The prohibition of firearms on any District campus, District Center, or in any District facility includes both loaded and unloaded firearms, and applies to persons holding a valid license to carry a concealed firearm.

Activities involving firearms or other weapons conducted under the direction of District officials or as authorized by an official law enforcement agency shall be reported to the Superintendent/President or designee before taking place.

Any person who believes that they may properly possess a firearm or other weapons on campus or in a District center or other facility of the District must properly notify the Superintendent/President or designee, and obtain written permission from the Superintendent/President or designee to possess a firearm or other weapon on campus.

Bringing or possessing any dirk, dagger, ice pick, or knife having a fixed blade longer than 2-1/2 inches upon the grounds, unless the person is authorized to possess such a weapon in the course of their employment, has been authorized by the Superintendent/President or designee to have the knife, or is a duly appointed peace officer, who is engaged in the performance of their duties, is prohibited on any District campus or at any District center, or in any facility of the District. Any student or employee who the Superintendent/President or designee has authorized to have a knife, including kitchen knives, must exercise caution in using and storing the knife.

References: Penal Code Sections 626.9 and 626.10

Any sexual assault or physical abuse, including, but not limited to, rape, domestic violence, dating violence, sexual assault, or stalking, as defined by California law, whether committed by an employee, student, or member of the public, occurring on District property, in connection with all the academic, educational, extracurricular, athletic, and other programs of the District, whether those programs take place in the District s facilities or at another location, or on an off-campus site or facility maintained by the District, or on grounds or facilities maintained by a student organization, is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal procedures and employee or student discipline procedures. (See also AP 5500.1 titled Standards of Student Conduct.)

'Sexual assault' includes but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

'Dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of a romantic or intimate relationship will be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

'Domestic violence' includes felony or misdemeanor crimes of violence committed by:

a current or former spouse of the victim;

a person with whom the victim shares a child in common;

a person who is cohabitating with or has cohabitated with the victim as a spouse;

a person similarly situated to a spouse of the victim under California law; or

any other person against an adult or youth victim who is protected from that person s acts under California law.

'Stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.

It is the responsibility of each person involved in sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean

consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

'Affirmative consent' means affirmative, conscious, and voluntary agreement to engage in sexual activity.

These written procedures and protocols are designed to ensure victims of domestic violence, dating violence, sexual assault, or stalking receive treatment and information. (For physical assaults/violence, see also AP 3500.1, 3510.1, and 3515.1.)

All students, faculty members or staff members who allege they are the victims of domestic violence, dating violence, sexual assault or stalking on District property shall be provided with information regarding options and assistance available to them.
Information shall be available from the Office of the Dean of Counseling and Student Programs, which shall maintain the identity and other information about alleged sexual assault victims as confidential unless and until the Dean of Counseling and Student
Programs is authorized to release such information.

The Dean of Counseling and Student Programs shall provide all alleged victims of domestic violence, dating violence, sexual assault, or stalking with the following:

A copy of the District's policy and procedure regarding domestic violence, dating violence, sexual assault or stalking;

A list of personnel on campus who should be notified and procedures for such notification, if the alleged victim consents;

Information about the importance of preserving evidence and the identification and location of witnesses;

A description of available services, and the persons on campus available to provide those services if requested.
Services and those responsible for provided or arranging them include:

transportation to a hospital, if necessary;

counseling by the Counseling Center;

notice to the police, if desired;

a list of other available campus resources or appropriate off-campus resources.

The victim's option to: notify proper law enforcement authorities including on-campus and local police;

be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and

decline to notify such authorities;

Information about the participation of victim advocates and other supporting people;

The rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, or similar lawful orders issued by a court;

Information about how the district will protect the confidentiality of victims; and

Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

A description of each of the following procedures:

criminal prosecution;

civil prosecution (i.e., lawsuit);

District disciplinary procedures, both student and employee;

modification of class schedules;

tutoring, if necessary.

The Dean of Counseling and Student Programs should be available to provide assistance to District law enforcement unit employees regarding how to respond appropriately to reports of sexual violence.

The District will investigate all complaints alleging sexual assault under the procedures for sexual harassment investigations described in AP 3435.1, regardless of whether a complaint is filed with local law enforcement.

All alleged victims of domestic violence, dating violence, sexual assault, or stalking on District property shall be kept informed, through the Vice President's Office or their designee of any ongoing investigation. Information shall include the status of any student or employee disciplinary proceedings or appeal; alleged victims of domestic violence, dating violence, sexual assault, or stalking are required to maintain any such information in confidence, unless the alleged assailant has waived rights to confidentiality consistent with state and federal law.

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

In the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:

The accused's belief in affirmative consent arose from the intoxication or recklessness of the accused.

The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.

In the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:

The complainant was asleep or unconscious.

The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.

The complainant was unable to communicate due to a mental or physical condition.

The District shall maintain the identity of any alleged victim, witness, or third-party reporter of domestic violence, dating violence, sexual assault, or stalking on District property, as defined above, in confidence unless the alleged victim, witness, or third-party reporter specifically waives that right to confidentiality. All inquiries from reporters or other media representatives about alleged domestic violence, dating violence, sexual assaults, or stalking on District property shall be referred to the District's Office of Community Relations and Communication, which shall work with the Office of the Dean of Counseling and Student Programs to assure that all confidentiality rights are maintained consistent with state and federal law.

Additionally, the Annual Security Report will include a statement regarding the District s programs to prevent sex offenses and procedures that should be followed after a sex offense occurs. The statement must include the following:

A description of educational programs to promote the awareness of rape, acquaintance rape, other forcible and non- forcible sex offenses, domestic violence, dating violence, or stalking;

Procedures to follow if a domestic violence, dating violence, sex offense, or stalking occurs, including who should be contacted, the importance of preserving evidence to prove a criminal offense, and to whom the alleged offense should be reported;

Information on a student s right to notify appropriate law enforcement authorities, including on-campus and local police, and a statement that campus personnel will assist the student in notifying these authorities, if the student so requests;

Information about how the District will protect the confidentiality of victims;

Information for students about existing on- and off-campus counseling, mental health, victim advocacy, legal assistance, or other services for victims of sex offenses;

Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonable available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement;

Procedures for campus disciplinary action in cases of an alleged domestic violence, dating violence, sex offense, or stalking including a clear statement that:

Such proceedings shall provide a prompt, fair, and impartial resolution;

Such proceedings shall be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;

The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and

Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding resulting from an alleged sex offense. Compliance with this paragraph does not violate the Family Educational
Rights and Privacy Act. For the purposes of this paragraph, the outcome of a disciplinary proceeding means the final determination with respect to the alleged domestic violence, dating violence, sex offense, or stalking and

any sanction that is imposed against the accused.

A description of the sanctions the campus may impose following a final determination by a campus disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses, domestic violence, dating violence, or stalking.

Education and Prevention Information

The Office of the Dean of Counseling and Student shall:

Provide, as part of each campus established on-campus orientation program, education and prevention information about domestic violence, dating violence, sexual assault, and stalking. The information shall be developed in collaboration with campus-based and community-based victim advocacy organizations, and shall include the District's sexual assault policy and prevention strategies including empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction.

The outreach programming included as part of an incoming student's orientation must include, at a minimum, all of the following:

The warning signs of intimate partner and dating violence.

Campus policies and resources relating to intimate partner and dating violence.

Off-campus resources and centers relating to intimate partner and dating violence.

A focus and prevention and bystander intervention training as it relates to intimate partner and dating violence.

Post sexual violence prevention and education information on the campus internet website regarding domestic violence, dating violence, sexual assault and stalking.

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

The District is committed to providing its employees and students with a drug free workplace and campus environment. It emphasizes prevention and intervention through education.
Prohibition of Drugs
The unlawful manufacture, distribution, dispensing, possession or use of alcohol or any controlled substance is prohibited on District property, during District-sponsored field trips, activities or workshops and in any facility or vehicle operated by the District.
Violation of this prohibition will result in appropriate action up to and including termination of employment, expulsion, and referral for prosecution, or, as permitted by law, may require satisfactory participation in an alcohol or drug abuse assistance or rehabilitation program.
As a condition of employment, employees must notify the District within five days of any conviction for violating a criminal drug statute while in the workplace. The District is required to inform any agencies that require this drug-free policy within ten days after receiving notice of a workplace drug conviction.

References: Education Code Section 67384; Drug Free Schools and Communities Act Amendment of 1989; 20 U.S. Code Section 1011; 34 Code of Federal Regulations Parts 86.1 et. seq.; Federal Drug-Free Workplace Act of 1988; 41 U.S. Code Section 8103

The possession, sale or the furnishing of alcohol on campus is governed by California state law and these procedures. The possession, sale, consumption or furnishing of alcohol is controlled by the California Department of Alcohol and Beverage
Control. However, the enforcement of alcohol laws on-campus is the primary responsibility of the Responsible Security
Official. The campus has been designated "drug free" and only under certain circumstances is the consumption of alcohol permitted. The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by the Responsible Security Official. Violators are subject to disciplinary action, criminal prosecution, fine and imprisonment. It is unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal. It is also a violation of this policy for anyone to consume or possess alcohol in any public or private area of campus without prior District approval. Organizations or groups violating alcohol or substance policies or laws may be subject to sanctions by the District.

Alcoholic beverages on campus are permitted if:

The alcoholic beverage is beer or wine for use in connection with a course of instruction, sponsored dinner, or meal demonstration given as part of a culinary arts program at a community college campus, and the instructor or individual has been authorized to acquire, possess, use, sell, or consume it by the Superintendent/President.

A student at least 18 years of age tastes, but does not swallow or consume, an alcoholic beverage for educational purposes as part of the instruction in a hotel management, culinary arts, or enology or brewing degree program, and the alcoholic beverage remains in the control of the instructor.

The alcoholic beverage is for use during a non-college event at a performing arts facility built on District property and leased to a nonprofit public benefit corporation.

The alcoholic beverage is wine or beer produced by a bonded winery owned or brewery operated as part of an instructional program in viticulture and enology or brewing.

The alcoholic beverage is wine that is for use during an event sponsored by the District or an organization operated for the benefit of the District in connection with the District's instructional program in viticulture or the District s instructional program in enology.

The alcoholic beverage is possessed, consumed, or sold, pursuant to a license or permit obtained for special events held at the facilities of a public community college during the special event. "Special event" means events that are held with the permission of the governing board of the community college district that are festivals, shows, private parties, concerts, theatrical productions, and other events held on the premises of the public community college and for which the principal attendees are members of the general public or invited guests and not students of the public community

college.

The alcoholic beverage is acquired, possessed, or used during an event sponsored by the District or an organization operated for the benefit of the District at a community college-owned facility in which any grade from kindergarten to grade 12, inclusive, is taught, if the event is held at a time when students in any grades from kindergarten to grade 12, inclusive, are not present at the facility.

The alcoholic beverage is for use during a fundraiser held to benefit a nonprofit corporation that has obtained a license under the Business and Professions Code to do so provided that no alcoholic beverage can be acquired, possessed or used at a football game or other athletic contest sponsored by the District.

The alcoholic beverage is acquired, possessed, or consumed pursuant to a license or permit obtained for special events held at facilities of a community college district at a time when pupils are not on the grounds. "Facilities" includes, but are not limited to, office complexes, conference centers, or retreat facilities.

References: Business and Professions Code Sections 24045.4, 24045.6, 25608, and 25658; 34 Code of Federal Regulations Section 668.46(b)

Student, employee, and visitor health is a primary concern of the Mendocino-Lake Community College District. Because of the clear evidence of the harmful nature of smoke inhalation and air contamination, the District, in accordance with State law, bans smoking/tobacco usage within all campus buildings and in college-leased and college-occupied buildings.

The use of all tobacco and tobacco-related products is prohibited at all Mendocino-Lake Community College District properties except in the specifically designated areas. These procedures also apply to events held on campus by external agencies as defined by the Civic Center Act. Further, the use of tobacco-related products is banned in all College vehicles.

Tobacco and tobacco-related products include all of the following and anything similar:

Cigarettes,

Cigars and little cigars,

Chewing tobacco, smokeless tobacco, snuff, pipe and pipe tobacco,

Any electronic device that delivers nicotine or other vaporized liquids to a person inhaling from the device (e.g., e- cigarettes and vaporizers)

Designated tobacco and tobacco-related products use areas:

Ukiah Campus:

The area marked between the Lowery Student Center and the Vocational Education and Technical Center and

The area marked adjacent to the public bus stop

North County, Lake and Coast Centers:

The area marked adjacent to the parking lots

Coastal Field Station:

The use of tobacco and tobacco-related products is prohibited on the entire property

Notification of the specifically designated tobacco and tobacco-related use areas will be published on the college website and all campus maps. The designated areas will be clearly marked and clear signs will direct users to these areas.

Implementation of the tobacco use policy will be the shared responsibility of every student, faculty member, staff person and visitor. Violations will be addressed via Board Policy 5500 and Administrative Procedure 5500.1 Standards of Student Conduct, Administrative Procedure 3050.1 Institutional Code of Ethics, and Government Code 7597.

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

Reference: Government Code Sections 7596, 7597, 7597.1 and 7598; Labor Code Section 6404.5; Health and Safety Code Section 104495; Title 8 Section 5148

The Mendocino College Foundation, Inc., as an auxiliary organization, may only provide services, functions, or programs as specified in Section 59259 of Title 5 of the California Code of Regulations, including facilities and equipment; loans, scholarships, grants-in-aid; workshops, conferences, institutes, and federal projects; gifts, bequests, devises, endowments and trusts; and public relations programs.

The Board of Trustees of Mendocino College shall:

1. Ensure that an audit of the Mendocino College Foundation, Inc. is performed annually;
2. Periodically review and submit any changes in district implementing regulations to the Chancellor for approval;
3. Submit to the Chancellor any changes made in any written agreement, articles of incorporation, bylaws or other governing instrument pertaining to the Foundation;
4. Once per year, or as necessary, review the Foundation for compliance with pertinent Education and Title 5 codes and district implementing regulations, including the bylaws of the Foundation, and the written agreement between the Board of Trustees and the Foundation.
5. Prepare and keep a list of auxiliary organizations;
6. Report to the Chancellor as may be required on the Foundation's operations.

A certified public accountant (CPA) shall be selected by the Foundation, and the Superintendent/President, or designee, shall forward the applicable auditing and reporting procedures to the selected CPA.

The Superintendent/President shall be responsible for ascertaining the integrity, propriety, and compliance with policies and regulations of the Foundation s expenditures.

The purposes and operations of the Foundation shall conform to all applicable regulations, agreements, bylaws, and laws, including the pertinent sections in the Education Code and Title 5.

The Board of Directors of the Foundation shall approve all expenditures and fund appropriations of the Foundation.
Expenditures/appropriations outside the normal business of the Foundation shall be approved by the Superintendent/President and the Chief Business Official of Mendocino College.

The Board of Directors of the Mendocino College Foundation, Inc. shall conduct its business in public meetings in accordance with the provisions of Education Code, Government Code and Title 5.

No member of the Board of Directors shall have any financial interests which are directly and materially affected by the contracts or transactions of the Foundation.

References: Education Code Sections 72670 et seq.; Government Code Sections 12580 et seq.; Title 5 Sections 59250 et seq.

The following intellectual property procedure shall be interpreted consistent with other District policies, including, but not limited to, the District’s policy on academic freedom and federal and state statutes and regulations. This procedure shall also be interpreted consistent with all collective bargaining agreements.

Definitions

For the purposes of this procedure, the following definitions apply to the following words or phrases:

“Administrative Activity” means the execution of the District’s management or administrative functions such as preparing budgets, policies, contracts, personnel management, printing course materials and catalogues, maintenance of computer data, long range planning, and keeping inventories of equipment. Teaching and academic endeavors are not administrative activities.

“Author” or “Creator” means an individual who alone or as part of a group of other creators, invent, author, discover, or otherwise create intellectual property.

“District Resources” means all tangible resources including buildings, equipment, facilities, computers, software, personnel, and funding.

“Course Materials” means materials prepared for use in teaching, fixed or unfixed, in any form, including, but not limited to, digital, print, audio, visual, or any combination thereof. Course materials include, but are not limited to, lectures, lecture notes, and materials, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, web-ready content, and educational software.

“Course Syllabus” means a document that includes information about the outline, standards for student evaluation, and additional information which reflects the academic work of the faculty member.

“Digital Encoded Work” means a work (on a bit-sequence) that can be stored on computer-readable media, manipulated by computers, and transmitted through data networks.

“Employee” means an individual employed by the District, and shall include full-time and part-time faculty, classified staff, student employees, appointed personnel, persons with "no salary" appointments, and academic professionals, who develop intellectual property using District resources, unless there is an agreement providing otherwise.

“Intellectual Property” means works, products, processes, tangible research property, copyrightable subject matter, works of art, trade secrets, know how, inventions and other creations the ownership which are recognized and protected from unauthorized exploitation by law. Examples of intellectual property include scholarly, artistic, and instructional materials.

“Student” means an individual who was or is enrolled in a class or program at the District at the time the intellectual property was created.

“Student Employee” means a student who is paid by the District, and may include students participating in a work study program or who receive stipends while they are acting within the scope of their employment at the District at the time the intellectual property was created.

“Substantial Use of District Resources” means use of District resources beyond the normal professional, technology, and technical support generally provided by the District and extended to an individual or individuals for development of a product, project or program. The use of District resources must be important and instrumental to the creation of the intellectual property. The following do not constitute substantial use of the District’s resources: (1) incidental use of District resources and/or (2) extensive use of District resources commonly available to District employees. A substantial use of the District’s resources may be implicated in situations where the creator spends such time and energy in the creation of a work that results in a great reduction of the creator’s teaching activity.

“Work” means an “original work of authorship fixed in a tangible medium" as used in the Copyright Act.

Ownership of Intellectual Property
The ownership rights to a creation at the District shall be determined generally as set forth below, unless ownership is modified by an agreement.

Employee Intellectual Property Rights
A District employee who is the creator of an academic work in his/her/their field of expertise owns the copyright in that work. Academic works include textbooks, lecture notes and other course materials, literary works, artistic works, musical works, architectural works and software produced with no more than nominal or incidental use of the District’s resources.
Academic works described in this paragraph are owned by the employee even though such works may have been developed within the employee’s scope of employment.

Intellectual property unrelated to an individual's employment responsibilities at the District, and that is developed on an individual's own time and without the District’s support or use of District facilities is the exclusive property of the creator

and the District has no interest in any such property and holds no claim to any profits resulting from such intellectual property.

District Intellectual Property Rights
The District owns all other intellectual property, including but not limited to patentable inventions, such as computer software, created by its employees under the following circumstances:

1. If intellectual property is created through the District’s administrative activities by an employee working within his/her/their scope of employment; or
2. If intellectual property is created by an employee executing a duty or specific assignment designated by the District; or
3. If intellectual property is created through the substantial use of District resources; or
4. If intellectual property is commissioned by the District pursuant to a signed contract; or
5. If intellectual property is produced within one of the nine categories of works considered works for hire under copyright law pursuant to a written contract, or
6. If intellectual property is produced from research specifically supported by state or federal funds or third party sponsorship.

Where circumstances give rise to District intellectual property rights, as described above, the creator of the potential intellectual property will promptly disclose the intellectual property to the District. The District and the creator may enter into a written agreement whereby the creator executes documents assigning intellectual property rights to the District.

The Superintendent/President may waive the District’s interests in its intellectual property by executing a written waiver.

Student Intellectual Property Rights
District students who created a work are owners of and have intellectual property rights in that work. District students own the intellectual property rights in the following works created while they are students at the District:

1. intellectual property created to meet course requirements using college or District resources, and
2. intellectual property created using resources available to the public. Intellectual property works created by students while acting as District employees shall be governed under provisions for employees.

Modification of Ownership Rights
The general provisions for ownership of intellectual property rights set forth in Section II may be modified by the parties as follows:

Sabbatical Works
Generally, intellectual property created by District employees during a sabbatical is defined as an academic work.
However, where a work to be created as part of an approved sabbatical plan requires resources beyond those normally provided to other employees during a sabbatical (substantial use District resources), the parties may enter into an written agreement to define the District and employee’s intellectual property rights in the sabbatical work.

Assignment of Rights
When the conditions outlined in the sections on employee intellectual property rights or student intellectual property are met, ownership will reside with the employee or student responsible for creating the intellectual property. In these circumstances, the creator may pursue intellectual property protection, marketing, and licensing activities without involving the District. If such a decision is made, the creator is entitled to all revenues received.

Any person may agree to assign some or all of his/her/their intellectual property rights to the District. In the event the creator offers to share or assign intellectual property rights in the creation to the District, the District may support and finance application for intellectual property protection (trademark, patent, or copyright) or it may enter into an agreement for other exploitation of the work, including management, development and commercialization of the property under terms and conditions as may be agreeable to the parties. After evaluating the creator's offer, the District may or may not decide to become involved in a joint investment agreement. A negative response from the District will be communicated in writing to the creator. An affirmative response from the District will be summarized as an offer to enter into a written contract. If the creator accepts the District's proposed contract, any revenues received from commercialization of the intellectual property will be distributed as defined in the contract.

Sponsorship Agreements
A sponsored work is a work first produced by or through the District in the performance of a written agreement between the District and a sponsor. Sponsored works generally include interim and final technical reports, software, and other works first created in the performance of a sponsored agreement. Sponsored works do not include journal articles, lectures, books or other copyrighted works created through independent academic effort and based on the findings of the sponsored project, unless the sponsored agreement states otherwise.
Ownership of copyrights to sponsored works shall be with the District unless the sponsored agreement states otherwise. Where a sponsorship agreement does not define ownership of the intellectual property, ownership shall be determined under applicable law. Any sponsorship agreement that provides for ownership of the work by one other than the District generally shall provide the District with a nonexclusive, world-wide license to use and reproduce the copyrighted work for education and research purposes.

Collaboration/Partnership Agreements
The District may participate in projects with persons/organizations that result in the creation of intellectual property. Ownership rights of such intellectual property will be defined by the collaboration/partnership agreement, or shall be determined under applicable law.

Special Commissions

Intellectual property rights to a work specially ordered or commissioned by the District from a faculty member, professional staff member, other District employee, or other individual or entity, and identified by the District, as a specially commissioned work at the time the work was commissioned, shall belong to the District. The District and the employee shall enter into a written agreement for creation of the specially commissioned work.

Use of Substantial District Resources
In the event the District provides substantial resources to an employee for creation of a work and the work was not created under an agreement (such as a sponsorship agreement, individual agreement, or special commission) the District and the creator shall own the intellectual property rights jointly in proportion to the respective contributions made.

Encoded Works/Software for Administrative Activities
The District may hire an individual or entity to develop software or other encoded works, to be used in the District’s administrative activities. The District shall maintain ownership of the intellectual property rights in such encoded works. Similarly, the District shall have ownership of the intellectual property rights in encoded works created by an employee, even where the work was created out of the employee’s own initiative, if the work in related to the employee's job responsibilities. For example, if an employee in the student records office creates a software program, on his/her/their own initiative, that will organize student records, such work is related to the employee’s job duties and will belong to the District. Where an employee creates a program that does not relate to his/her/their job duties, and that program was created on the employee’s own time, the work belongs to the employee.

Collective Bargaining Agreement
In the event the provisions of these procedures and the provisions of any operative collective bargaining agreement conflict, the collective bargaining agreement shall take precedence.

Jointly Created Works
Ownership of jointly created works shall be determined by separately assessing which of the above categories applies to each creator, respectively. Rights between joint owners of a copyright shall be determined pursuant to copyright law.

Work Acquired by Assignment or Will The District may acquire copyrights by assignment or will pursuant to the terms of a written agreement or testament. The terms of such agreements should be consistent with District policies and these procedures.

Materials Implicating Third Party Rights
District employees and students must comply with District policies and state and federal laws, including copyright and privacy laws, in creating works. District employees and students must obtain all required licenses, consents, and releases necessary to avoid infringing the rights of third parties. District employees and students with questions or concerns regarding third party rights should direct all inquiries to the Vice President of Academic Affairs.

Intellectual Property Coordinator
The Vice President of Academic Affairs shall be the District’s Intellectual Property Coordinator. The coordinator shall administer this procedure and will implement the District’s Intellectual Property Policy. The Intellectual Property
Coordinator will also monitor the development and use of the District’s intellectual property. Any questions relating to the applicability of the District Intellectual Property or this procedure may be directed and answered by the Intellectual
Property Coordinator.

Preservation of Intellectual Property Right

Protection of Rights
The District shall undertake such efforts, as it deems necessary to preserve its rights in original works for which the District is the sole or joint owner of intellectual property rights. The District may apply for a patent, for trademark registration, for copyright registration, or for other protection available by law on any new work in which it maintains intellectual property rights.

Payment of Costs
The District may pay some or all costs required for obtaining a patent, trademark, copyright, or other classification on original works for which it exclusively owns intellectual property rights. If the District has intellectual property rights in a jointly owned work, the District may enter into an agreement with the joint owners concerning payment of such costs.

Commercialization of Intellectual Property

Right of Commercialization
The District may commercialize its Intellectual Property using its resources or it may enter into agreements with others to commercialize the work as authorized by law.

Distribution of Proceeds
An employee who creates a work and retains an intellectual property interest in such work in which the District maintains intellectual property rights is entitled to share in royalties, licenses, and any other payments from commercialization of the work in accordance with applicable agreements and applicable laws. All expenses incurred by the District in protecting and promoting the work including costs incurred in seeking patent or copyright protection and reasonable costs of marketing the work, shall be deducted and reimbursed to the District before the creator is entitled to share in the proceeds.

Intellectual Property Account
The District shall deposit all net proceeds from commercialization of intellectual property in its own general intellectual property account. The Vice President of Academic Affairs may use the account to reimburse expenses related to creating or preserving the District’s intellectual property rights or for any other purpose authorized by law and District policy including the development of intellectual property.

Notification
The Intellectual Property Coordinator shall provide a copy of these Intellectual Property Procedures to persons upon request. The District shall arrange training on a periodic basis for faculty, staff and/or other persons who are covered by this Intellectual Property Procedure.

The District Computer and Network systems are the sole property of Mendocino-Lake Community College District. They may not be used by any person without the proper authorization of the District. The computer and network systems are for District instructional and work-related purposes only.

This procedure applies to all District students, faculty, and staff and to others granted use of District information resources. This procedure refers to all District information resources whether individually controlled or shared, stand-alone or networked. It applies to all computer and computer communication facilities owned, leased, operated, or contracted by the District. This includes personal computers, workstations, and associated peripherals, software and information resources, regardless of whether used for administration, research, teaching, or other purposes.

Conditions of Use

Individual units within the District may define additional conditions of use for information resources under their control. These statements must be consistent with this overall procedure but may provide additional detail, guidelines, or restrictions.

Legal Process

This procedure exists within the framework of the District Board Policy and state and federal laws. A user of District information resources who is found to have violated any of these policies will be subject to disciplinary action up to and including but not limited to loss of information resources privileges; disciplinary suspension or termination from employment or expulsion; or civil or criminal legal action.

Copyrights and Licenses

Computer users must respect copyrights and licenses to software and other on-line information.

Copying - Software protected by copyright may not be copied except as expressly permitted by the owner of the copyright or otherwise permitted by copyright law. Protected software may not be copied into, from, or by any District facility or system, except pursuant to a valid license or as otherwise permitted by copyright law.

Number of Simultaneous Users - The number and distribution of copies must be handled in such a way that the number of simultaneous users in a department does not exceed the number of original copies purchased by that department, unless otherwise stipulated in the purchase contract.

Copyrights - In addition to software, all other copyrighted information (text, images, icons, programs, etc.) retrieved from computer or network resources must be used in conformance with applicable copyright and other law. Copied material must be properly attributed. Plagiarism of computer information is prohibited in the same way that plagiarism of any other protected work is prohibited.

Integrity of Information Resources

Computer users must respect the integrity of computer-based information resources.

Modification or Removal of Equipment - Computer users must not attempt to modify or remove computer equipment, software, or peripherals that are owned by others without proper authorization.

Unauthorized Use - Computer users must not interfere with others access and use of the District computers. This includes but is not limited to: the sending of chain letters or excessive messages, either locally or off-campus; printing excess copies of documents, files, data, or programs, running grossly inefficient programs when efficient alternatives are known by the user to be available; unauthorized modification of system facilities, operating systems, or disk partitions; attempting to crash or tie up a District computer or network; and damaging or vandalizing District computing facilities, equipment, software or computer files.

Unauthorized Programs - Computer users must not intentionally develop or use programs which disrupt other computer users or which access private or restricted portions of the system, or which damage the software or hardware components of the system. Computer users must ensure that they do not use programs or utilities that interfere with other computer users or that modify normally protected or restricted portions of the system or user accounts. The use of any unauthorized or destructive program will result in disciplinary action as provided in this procedure, and may further lead to civil or criminal legal proceedings.

Unauthorized Access - Computer users must not seek to gain unauthorized access to information resources and must not assist any other persons to gain unauthorized access.

Abuse of Computing Privileges - Users of District information resources must not access computers, computer software, computer data, or information, or networks without proper authorization, or intentionally enable others to do so, regardless of whether the computer, software, data, information, or network in question is owned by the District. For example, abuse of the networks to which the District belongs or the computers at other sites connected to those networks will be treated as an abuse of District computing privileges.

Reporting Problems - Any defects discovered in system accounting or system security must be reported promptly to the Information Technology Department so that steps can be taken to investigate and solve the problem.

Password Protection - A computer user who has been authorized to use a password-protected account may be subject to both civil and criminal liability if the user discloses the password or otherwise makes the account available to others without permission of the Information Technology Department.

Usage - Computer users must respect the rights of other computer users. Attempts to circumvent these mechanisms in order to gain unauthorized access to the system or to another person s information are a violation of District procedure and may violate applicable law.

Unlawful Messages - Users may not use electronic communication facilities to send defamatory, fraudulent, harassing, obscene, threatening, or other messages that violate applicable federal, state or other law or District policy, or which constitute the unauthorized release of confidential information.

Commercial Usage - Electronic communication facilities may not be used to transmit commercial or personal advertisements, solicitations or promotions (see Commercial Use, below).

Information Belonging to Others - Users must not intentionally seek or provide information on, obtain copies of, or modify data files, programs, or passwords belonging to other users, without the permission of those other users.

Rights of Individuals - Users must not release any individual's (student, faculty, or staff) personal information to anyone without proper authorization.

User identification - Users shall not send communications or messages anonymously or without accurately identifying the originating account or station. The Information Technology department may send communications or messages anonymously or without accurately identifying the originating account or station as part of cybersecurity programs.

Political, Personal, and Commercial Use - The District is a non-profit, tax-exempt organization and, as such, is subject to specific federal, state and local laws regarding sources of income, political activities, use of property and similar matters.

Political Use - District information resources must not be used for partisan political activities where prohibited by federal, state, or other applicable laws.

Personal Use - District information resources should not be used for personal activities not related to District functions, except in a purely incidental manner. If the District otherwise grants access to the District's email system for personal use, employees may use the District's email system to engage in protected concerted activity during non-work time.

Commercial Use - District information resources should not be used for commercial purposes. Users also are reminded that the ".cc" and ".edu" domains on the Internet have rules restricting or prohibiting commercial use, and users may not conduct activities not authorized within those domains.
Emails to Constituent Groups - District employees should use the BCC feature of the district email system when sending emails to large groups such as the constituent group mailing lists in order to avoid creating excessive email messages. The reply all feature should not be used with the constituent group mailing lists.

Nondiscrimination

All users have the right to be free from any conduct connected with the use of Mendocino-Lake Community College District network and computer resources which discriminates against any person as defined in BP 3410 (Non-Discrimination). No user shall use the District network and computer resources to transmit any message, create any communication of any kind, or store information which violates any District procedure regarding discrimination or harassment, or which is defamatory or obscene, or

which constitutes the unauthorized release of confidential information.

Disclosure

No Expectation of Privacy - The District reserves the right to monitor all use of the District network and computer to assure compliance with these policies. Users should be aware that they have no expectation of privacy in the use of the District network and computer resources. The District will exercise this right only for legitimate District purposes, including but not limited to ensuring compliance with this procedure and the integrity and security of the system.

Possibility of Disclosure - Users must be aware of the possibility of unintended disclosure of communications.

Retrieval - It is possible for information entered on or transmitted via computer and communications systems to be retrieved, even if a user has deleted such information.

Public Records - The California Public Records Act (Government Code Sections 6250 et seq.) includes computer transmissions in the definition of "public record" and nonexempt communications made on the District network or computers must be disclosed if requested by a member of the public.

Litigation - Computer transmissions and electronically stored information may be discoverable in litigation.

Dissemination and User Acknowledgment

All users shall be provided copies of these procedures and be directed to familiarize themselves with them.

Students shall receive an email upon the creation of their district email stating that by utilizing their college email account, they are agreeing to abide by the District Computer and Network Use Policy and Procedures. The email shall contain links to the most recent version of the board policy and this procedure.

District employees shall sign and date an acknowledgment and waiver stating that they have read and understand this procedure, and will comply with it.

Computer and Network Use Agreement may include:

I have received and read a copy of the District Computer and Network Use Procedures and this Agreement dated, xxx, and recognize and understand the guidelines. I agree to abide by the standards set in the Procedures for the duration of my employment or enrollment. I am aware that violations of this Computer and Network Usage Procedure may subject me to disciplinary action, including but not limited to revocation of my network account up to and including prosecution for violation of State or Federal law.

References: Government Code Section 3543.1 subdivision (b); Penal Code Section 502, Cal. Const., Art. 1 Section 1; Government Code Section 3543.1(b); 15 U.S. Code Sections 6801 et. seq.; 17 U.S. Code Sections 101 et. seq.; 16 Code of Federal Regulations Parts 314.1 et seq.; Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

Procedure for Submitting Claims Against the District

Claims for death, injury to person, or to personal property must be filed or presented not later than six (6) months after the occurrence (California Government Code, Section 911.2).

Claims for damages to real property or breach of contract must be filed not later than one (1) year after the occurrence
(California Government Code, Section 911.2).

Claim forms may be obtained from the Business Office and must be submitted to the Office of the Vice Presidents, using the designated claim form.

Claims submitted to the Office of the Vice Presidents not using the designated claim form will be returned.

Any returned claim may be resubmitted to the Office of the Vice Presidents, using the proper form, before the expiration of the period designated above.

The Office of the Vice Presidents shall present properly submitted claim(s), at the earliest possible date, to the Board of Trustees for consideration.

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

Gifts and donations (monetary or tangible) may be accepted by the district, if it is deemed the items have value and are useful to a particular program or will serve a district need.

1. Vice Presidents have the authority to accept and acknowledge donations (monetary or tangible) made to the district with a fair market value of less than $1,000.00.
2. The Superintendent/President has the authority to accept and acknowledge donations (monetary or tangible) made to the district with a fair market value of less than $5,000.00.
3. Donations (monetary or tangible) with a fair market value of $5,000.00 or more require Board approval prior to acceptance.

Reference: Education Code Section 722205

The students and employees of the District and members of the public shall be permitted to exercise their rights of free expression subject to time, place and manner policies and procedures contained in Board Policy 3900; Speech: Time, Place and Manner and this procedure.
The District designates the following areas as reserved for expressive activities which do not violate District policy and which are lawful:

At the Ukiah Campus, the designated free speech assembly area is the at the south end of Pomo plaza in the area between the cement benches.

At the Lake Center, the designated free speech assembly area is the western quad area and a minimum of 15 feet from any doorway.

At the North County Center, the designated free speech assembly area is the paved patio area and a minimum of 15 feet from any doorway.

At the Coast Center, the designated free speech assembly area is the courtyard area and a minimum of 15 feet from the doorway.

These areas are chosen so as to provide visibility and allow communications to a large number of students, administrators, faculty and others walking or traveling on campus but also so as not to disrupt educational and other activities of the District on behalf of students.

The District reserves the right to designate areas a non-public forums as necessary to prevent substantial disruption of the orderly operation of the College. Areas of the College that are non-public forums specifically include, but are not limited to, campus offices, instructional spaces, maintenance yards, the Early Childhood Education Center, the library, and locker rooms and any other area not by tradition or designation a forum for public communication.
The use of areas open to expressive activities is subject to the following:

No person using the areas shall touch, strike, or physically impede the progress of passersby, except for incidental or accidental contact or contact that may be initiated by the passerby.

Persons using the areas shall not use any means of amplification that creates a noise or diversion that disturbs the orderly conduct of the campus or classes taking place at that time.

Persons using the areas reserved for expressive activities shall not disrupt the orderly operation of the college.

No illegal activities will be permitted, no activities that violate District or campus rules, including rules and laws on illegal harassment and discrimination, and none that will substantially interfere with or disrupt activities already scheduled for that day and time in public areas, as described below. In the event the area sought to be used for expressive activities has already been reserved for another activity so that there will be substantial interference or disruption based on noise, overcrowding, or other considerations unrelated to content, the District will offer alternative available areas or if none are available offer alternative dates.

Students, outside organizations, and others are encouraged to make reservations in advance to use the areas for their expressive activities. Those wishing to use the public forum areas are directed to contact the Facilities Department at 707-468- 3076 before use.

In the event that any of the above areas of the campus become temporarily unavailable for use for any reason including, but not limited to, construction, campus officials shall designate one or more alternative free speech assembly areas.

All persons using public areas for expressive activities shall be allowed to distribute petitions, circulars, leaflets newspapers, and other printed matter. Such distribution shall take place only within those areas. Those persons distributing printed material must, prior to their departure from the areas that day, make reasonable efforts to retrieve, remove or properly discard material that is discarded or dropped in or around the areas other than in an appropriate receptacle.

Hours of Access

The hours of operation of the District are Monday through Friday, 8:00 am to 5:00 pm . Expressive activities are not permitted outside of the District's hours of operation. Overnight use or sleeping on campus is not permitted, nor is use of the campus areas for sleeping, camping, or laying down of bedding. Nor is the use of facilities for similar purposes permitted during hours of operation.

Posting

Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, and members of the public. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production and shall be dated with the date of posting by the Public Information Office. Materials displayed shall be removed after passage of 10 days.

Reference: Education Code 76120

Previously listed as AP 509.1

Uncrewed Aircraft Systems (UAS), including drones, are controlled and regulated by the Federal Aviation Administration (FAA).
Following FAA regulations, and in the interest of the safety and privacy at, on, or above all properties owned by the Mendocino- Lake Community College District, the following procedures have been established.

Those wishing to use a drone or uncrewed aircraft system (UAS) must contact the Mendocino College Facilities Department to obtain authorization prior to the use of the system on or over District owned or leased properties.

Uses of UAS are limited to those organized and/or sponsored by District employees. Faculty or staff who plan to utilize a drone or small uncrewed aircraft system (UAS) are required to obtain authorization from the Facilities Department prior to the use of the system on or over District owned or leased properties and must have an FAA issued flight license. Students using drones as part of a college-sponsored course or club that teaches the building or operation of drones must be supervised at all times by a qualified faculty or staff member that has received flight authorization - a FAA UAS flight license. Departments may contract with agencies using UAS for professional uses (e.g. video development, architecture, etc.). In those cases, authorization by the facilities department is required.

Safety is the utmost importance for those on the ground in the area where the aircraft is to be flown. The privacy of those in the area where the aircraft is to be flown shall not be infringed. Pilots must not violate the space where unsuspecting inhabitants may be, or where higher expectation of privacy exists.

The operation of drones or any UAS by emergency first reponders may be exempt from thse procedures based on determination of emergency needs.

Federal Aviation Administration (FAA) Small Uncrewed Aircraft Regulations (Part 107)

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

The number of days that define the academic year is a minimum of 175.

The Academic Calendar draft will be developed using the list of holidays issued by the Chancellor's Office which may include:

New Year's Day (January 1)

Dr. Martin Luther King, Jr. Day (Third Monday in January)

Lincoln Day (February 12 or other date as designated by the Chancellor's Office)

Washington Day (Third Monday in February)

Memorial Day (Last Monday in May)

Juneteenth (June 19)

Independence Day (July 4)

Labor Day (First Monday in September)

Veterans Day (November 11 or date designated by the Chancellor's Office)

Thanksgiving Day (Fourth Thursday in November)

Christmas Day (December 25)

Cesar Chavez Day (March 31) and Native American Day (fourth Friday in September) are local holiday options only if collectively bargained per Education Code Section 79020(k) and 70920(l)). If the district does not close for Cesar Chavez Day or Native American Day, appropriate observances should be held in commemoration.

Other Holidays: The Board of Trustees may declare other days to be holidays and close the college and offices when good reason exists.

The Vice President of Academic Affairs will present the draft calendar to the President's Policy Advisory Committee (PPAC) annually at the first meeting of the fall semester. PPAC will discuss the calendar and distribute the proposed calendar to the Academic Senate, Classified Senate, Management Team, Student Senate, and the Mendocino College Federation of Teachers
Executive Committee for comments/suggestions from their constituents. Any significant issues will be forwarded to PPAC for consideration.

Changes made to the Academic Calendar by PPAC in response to issues raised by the various groups will be the final recommendation to the Superintendent/President who finalizes the calendar and presents it to the Board of Trustees for adoption at the next board meeting.

References: Education Code Section 79020; Title 5 Sections 55700 eq. seq. and 58142

The primary responsibility of the Curriculum Committee is assuring academic excellence in curriculum matters by ensuring that curriculum is academically sound, comprehensive, and responsive to the evolving needs of Mendocino College and the community through review and approval of:

New and modified course proposals for Title 5 compliance

Courses as they relate to programs of study

Appropriate requisites

Modifications or restructuring of existing programs

Deletion and/or inactivation of courses and programs

Modes of delivery

CSU and UC general education proposals in collaboration with the articulation officer

Policy changes pertaining to curricula issues

Implementation of state regulations and guidelines pertaining to the curriculum development process

Proposed programs of study

Student Learning Outcomes

The Curriculum Process

An ongoing review of courses and programs is conducted to maintain compliance with internal and external policies. Courses are reviewed on a six-year rotational cycle and updated as needed. CTE curriculum is updated on a two-year cycle. The Academic Senate Curriculum Committee will review all curriculum proposals.

Curriculum proposals shall be accepted year round. Proposals and catalog changes meeting Curriculum Office deadlines shall be reflected in the following academic year's college catalog. The initiator shall check with the committee for internal timelines

and technical review deadlines.

The completed proposal shall receive a technical review by an approved subcommittee appointed by the Curriculum
Committee. Any revisions shall be addressed prior to full Curriculum Committee review. Following technical review approval, the proposal shall be forwarded for full Curriculum Committee approval consisting of one or two readings depending on proposal type. Proposals shall be evaluated for need, quality, feasibility, academic rigor, technical correctness and consistency with Committee standards, the College Mission, and state regulations. All new Career and Technical Education (CTE) programs and program deletions shall be submitted to the North/Far North Regional Consortium (NFNRC) as required by the California
Community College Chancellor's Office (CCCCO).

Proposals recommended by the Curriculum Committee shall be forwarded, with draft meeting minutes and submission rationale, to the Board of Trustees designee (Superintendent/President) for approval throughout the year. The Board of Trustees shall rely primarily on the advice of the Academic Senate on all matters pertaining to the curriculum including instruction and student learning. The Board retains authority to approve all programs and curricula offered by the district and delegates authority to the Superintendent/President to approve program and/or course proposals. Applicable proposals shall then be forwarded to the Chancellor's Office, California Community Colleges, for approval and/or chaptering. The College Catalog is a collaborative publication reflecting these approvals.
The District shall 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.

The District shall provide annual certification to the California Community Colleges Chancellor's Office pertaining to the approval of credit courses and credit programs as required under Title 5 Sections 55100 and 55130.

Complete curriculum records are maintained through the curriculum management system.

Curriculum Committee Membership

In accordance with Title 5, Section 55002a (l) the college curriculum committee has been established by the mutual agreement of the college administration and the Academic Senate. Curriculum Committee membership shall reflect a balanced representation across disciplines, whenever possible.

Non-voting members of the committee serve as resources for the voting members. They are responsible for providing information regarding their area of expertise (such as: enrollment procedures, degree requirements, grading policies, finances, feasibility, effects of actions on the Centers) and for communicating committee action to their constituent groups in a regular and timely manner.

Committee members cannot be represented by a substitute. Voting members must be in attendance to cast a vote (proxy voting is not allowed).

The Committee consists of a 7 faculty members including a Full Time Faculty chair, five Full Time Faculty members (it is highly recommended that one be a counselor) and a Part Time Faculty member. Also included in the voting members are a student representative and the Vice Chair (Vice President of Academic Affairs). Non-voting and resource members include Articulation
Officer, Dean of Applied Academics, Dean of Instruction, Director of Admissions and Records, SLOT representative, DE

representative and Center Administrators.

Credit Hour

One credit hour of community college work (one unit of credit) shall require a minimum of 48 semester hours of total student work which may include inside and/or outside-of-class hours. A course requiring 96 hours or more total student work shall provide at least 2 units of credit. Cooperative work experience courses shall adhere to the formula for credit hour calculations identified in Title 5 Section 55256.5. Credit for clock hour designated programs shall be awarded consistent with 34 Code of Federal Regulations Part 600.2.

Mendocino College calculates credit based on a 17-week semester. Total Student Learning Hours are divided by 51 to determine the units of credit, in increments of .5 units. Classes that deviate from the full term are still required to meet the same number of hours per unit and are calculated the same way. Compliance is monitored by the Instruction Office and Admissions and Records. The standard ratio of in class to outside of class hours as outlined in title 5 are used here.

Academic ActivityIn-ClassOutside-of-Class
Lecture12
Activity11
Lab10

For purposes of federal financial aid eligibility, a "credit hour" shall be not less than:

One hour of classroom or direct faculty instruction and a minimum of two hours of out of class student work each week for approximately 15 weeks for one semester or the equivalent amount of work over a different amount of time; or

At least an equivalent amount of work as required in the paragraph above, of this definition for other academic activities as established by the institution including laboratory work, internships, practica, studio work, and other academic work leading to the award of credit hours.

References: Title 5 Sections 51021, 55000 et seq., and 55100 et seq.; 34 Code of Federal Regulations Part 600.2; ACCJC Accreditation Standard 2; 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.

Career Education Programs
All Career Education Programs will complete and submit a Two-year Program Review as part of a regular two-year program review cycle as defined by the Education Action Plan Committee (EAP) and the Dean of Career Education in consultation with the Vice President of Academic Affairs.
To comply with California Education Code Requirements, each program will be asked to provide a written support including relevant data for the following three prompts:

1. Meets a documented labor market demand
2. Does not represent unnecessary duplication of other training programs in the area
3. Is of demonstrated effectiveness as measured by the employment and completion success of its students.

Education Code 78016 requires that any program that does not meet these three requirements shall be terminated within one year. When a department submits a two-year program review, if both #1 and #2 are demonstrating a need, but #3 is not demonstrating effectiveness, the program will be brought to EAP for review and support before a final determination is made about demonstrated effectiveness.
All Education Programs
The Program Management Guidelines maintained by the Education Action Plan Committee provide processes and criteria for discontinuance of programs. Before a program is considered for discontinuance, steps to strengthen the program or address program needs, when feasible, should be documented prior to action on discontinuance is taken. Once a decision to discontinue a program has been made and approved by the EAP, every effort should be made to accommodate the educational needs of any and all students currently seeking to complete such a program. At no time should a program be eliminated without taking expressed efforts to allow students to complete their educational goals.
Steps for Program Discontinuance

1. After program discontinuance has been approved by EAP, the faculty initiator should propose program inactivation to the curriculum committee as soon as possible.
2. The Dean should identify students remaining in the program and work with them to establish course substitutions and a reasonable timeline to offer remaining essential classes.
3. Once inactivation has been approved by the curriculum committee, the program should be removed from the next catalog.
4. This teach out plan should be presented to EAP for approval.
5. Once the teach out plan is completed, the faculty initiator should evaluate all program-related courses and propose inactivation for those deemed unnecessary to the curriculum committee.

References: Education Code Section 78016; Title 5 Sections 51022 and 55130; ACCJC Accreditation Standard 2

The Associate Degree provides a framework within which students complete patterns of learning experiences designed to develop capabilities and insights to support their academic and career goals. Among these capabilities and insights are competencies that are germane to all aspects of higher education and comprise a "general education" curriculum such as the ability to:

Think critically and to communicate clearly and effectively both orally and in writing.

Use quantitative reasoning;

Understand the modes of inquiry of the major disciplines;

Be aware of other cultures and times;

Achieve insights gained through experience in thinking about ethical problems;

Develop the capacity for understanding.

Furthermore, general education introduces 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 have mastered principles, concepts, and methodologies both unique to and shared by the various disciplines. A general education program should create coherence and integration among the separate requirements and involve students actively in examining values inherent in proposed solutions to major social problems.

Additionally, the programs of the college are consistent with the District mission, objectives, demographics and economics of its community.

The Curriculum Committee establishes a curriculum proposal and review process that methodically and consistently validate the above principles within the college’s course and program inventory. The Curriculum Technical Review Committee provides technical oversight to ensure that the college's course and program curriculum are in regulatory compliance.

To meet the objectives of the general education, the District, through the Curriculum Committee review process, shall specifically address the placement of courses into the following education areas:

1. English Composition, Oral Communication, and Critical Thinking (6 units)
2. English Composition (3 units): Courses fulfilling this requirement must be baccalaureate-level and include expository and argumentative writing.
3. Oral Communication and Critical Thinking (3 units): Courses fulfilling this requirement must be baccalaureate-level and may include oral communication and critical thinking courses.
4. Mathmematical Concepts and Quantitative Reasoning (3 units): Courses fulfilling this requirement must be at least college-level and may include mathematics or quantitative reasoning courses, including logic, statistics, computer languages, and related disciplines.
5. Arts and Humanities (3 units): Courses in the humanities study the cultural activities and artistic expressions of human beings.

Such courses develop students’ awareness of how people throughout the ages and in different cultures respond to themselves and the world around them in artistic and cultural creation and develop students’ aesthetic understandings and abilities to make value judgments. Courses fulfilling this requirement may include introductory or integrative baccalaureate-level courses in the visual and performing arts, art history, foreign languages, literature, philosophy, religion, and related disciplines.

1. Social and Behavioral Sciences (3 units): Courses in the social and behavioral sciences focus on people as members of society and develop awareness of the methods of inquiry used by the social and behavioral sciences. They stimulate critical thinking about how people act and have acted in response to their societies and promote appreciation of how societies and social subgroups operate.

Courses fulfilling this requirement may include introductory or integrative baccalaureate-level courses in cultural anthropology, cultural geography, economics, history, political science, psychology, sociology, and related disciplines.

1. Natural Sciences (3 units): Courses in the natural sciences examine the physical universe, its life forms, and its natural phenomena, helping students appreciate and understand the scientific method and the relationships between science and other human activities.

Courses fulfilling this requirement may include introductory or integrative baccalaureate-level courses in astronomy, biology, chemistry, general physical science, geology, meteorology, oceanography, physical geography, physical anthropology, physics, and other scientific disciplines.

1. Ethnic Studies (3 units): Courses fulfilling this requirement may include baccalaureate-level courses in the four autonomous disciplines within Ethnic Studies: Black Studies; African American Studies; Africana Studies; Native American Studies; Chicano/a/x; Latino/a/x Studies/La Raza Studies; and Asian American Studies.
2. American Institutions (3 units): In addition to the General Education areas described above and required statewide, Mendocino College requires students to take a General Education course in American Institutions.

Courses fulfilling this requirement will be in one of these categories:

1. a course that addresses the historical development of American Institutions and ideals;
2. a course that addresses the Constitution of the United States, the operation of representative democratic government under that Constitution, and the process of California state and local governments; or
3. any course that meets the California State University Graduation requirements in United States History, Constitution and American Ideals.

More specific criteria for proposing a course to fulfill this requirement are provided on the Curriculum Committee website.

In addition, Mendocino College requires that all graduates meet the following Institutional Requirements and the Curriculum
Committee determines which courses meet the requirements based on the criteria below (state legislation exempts AA-T and AS-T students from these requirements):

Studies in Culture
The goal of this requirement is to include the study of culture, including race, ethnicity, and gender in every student's curriculum. Further, the intent of the requirement is to encourage students to examine the dynamics of power within society in historical and contemporary contexts.
Courses fulfilling this requirement must meet three of the following four criteria in an integral manner:

Examine historical and contemporary attitudes, behaviors and institutions which foster cultural and racial inequalities;

Examine the unique experiences of historically disenfranchised groups;

Introduce the diversity of world cultures through the study of art literature and other forms of expression;

Facilitate student ability to communicate and work effectively in a diverse society.

Studies in Wellness
The goal of this requirement is to foster the physical, social, mental and environmental wellness of the individual and of the community. Further, the intent is to encourage students to examine wellness concepts and adopt habits and attitudes that lead to personal wellness as a lifelong goal.
Courses fulfilling this requirement must meet two of the four listed criteria or meet the CSU GE Breadth Requirement
Area E: Introduce a basic background in social aspects of wellness (e.g. chronic and communicable disease prevention, substance abuse);

Provide fundamental information on the topics of physical wellness (e.g. personal fitness, nutrition);

Increase student awareness of the impact of mental wellness on total health (e.g. stress and anger management);

Enable students to examine the effects of environmental pollution, and to inform them concerning appropriate measures of protection.

Completion of the District College General Education pattern shall be required for all associate degrees except when prohibited by legislated transfer degrees (Associate in Arts for Transfer and Associate in Science for Transfer) that require completion of CSU GE Breadth, CSU GE Breadth for STEM (Science, Technology, Engineering, and Mathematics), IGETC, or IGETC for STEM and forbid additional District graduation requirements.

References: Title 5 Section 55060 and 55061; ACCJC Accreditation Standard 2

Complaints or grievances from faculty members about perceived violations of the Academic Freedom Policy may be pursued through the Mendocino College Academic Senate, Human Resources and Equal Employment Opportunity, and/or the grievance process outlined in the faculty collective bargaining contracts, whichever is deemed most appropriate.
Complaints or grievances from students may be pursued through the complaint and student grievance process.

PURPOSE OF ACADEMIC FREEDOM COMMITTEE

The District and Academic Senate of Mendocino College are committed to maintaining and encouraging academic freedom as defined by Board Policy 4030. The Board relies primarily upon the recommendation of the Academic Senate in matters of curriculum and pedagogy. Therefore, the Academic Senate may appoint a committee with the purpose of advocating, educating, and reviewing issues around academic freedom and potential events when academic freedom is questioned.
ESTABLISHMENT OF AN ACADEMIC FREEDOM COMMITTEE

The Academic Senate of Mendocino College may appoint an ad hoc committee consisting of full or part-time faculty who will make a recommendation or report to the Senate. The committee may also include discipline experts (including non-faculty), union representation, college administration, and students as resource members.
COMMITTEE WORK
The committee's work includes:

1. making formal recommendations on academic freedom matters to the Senate in relation to a dispute, controversy, or other matters including, but not limited to, an alleged violation of Board Policy 4030;
2. offering informal advice or guidance on matters of academic freedom;
3. undertaking initiatives to educate the campus community with respect to academic freedom; and
4. other activities relating to academic freedom assigned by the Senate.

COMMITTEE PROCEDURES

The committee's procedures may be established at the formation of the committee.

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

The Mendocino College Library makes provides services and materials based on the American Library Association s Library Bill of Rights and the Accrediting Commission for Community and Junior Colleges (ACCJC) standards for Libraries and Learning
Support Services.

As an integral part of the campus curriculum, the library provides the following:

instruction on research and available resources for students and faculty, supporting information competency as well as course goals for research, writing and student success.

some materials that promote recreational reading as a habit that leads to self-growth and participation in a democratic society.

access to reference tools and other resources and programs for the larger community, making it a regional resource.

Library and learning support services designed to promote student success across disciplines.

Maintenance and student access to a Lending Library.

Librarians, administrators with oversight of the library, and library staff establish policies surrounding the operation of the library which are included in the library handbook which is made available to students, faculty, staff, and the local community in the library and is also available through the library website.

Library Bill of Rights

The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic principles should guide their services:

1. Books and other library resources should be provided for the interest, information, and enlightenment of all people in the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
2. Libraries should provide materials and information presenting all points of view on current and historical issues.

Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

1. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
2. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
3. A person's right to use a library should not be denied or abridged because of origin, age, background, or views.
4. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

References: Education Code Section 78100
ACCJC Accreditation Standard 2.7

1. Introduction Course articulation is the process of developing a formal, written agreement to identify courses (or sequences of courses) offered at a community college that are comparable to, or acceptable in lieu of, specific courses at a four-year institution. Successful completion of an articulated course assures the student and the faculty that the student has taken the appropriate course, received the necessary instruction and preparation, and that similar outcomes to the targeted four-year institution course can be assured. The articulation process enables the student to progress to the next level of instruction at the receiving institution. Therefore, course articulation considerations are an integral part of the curriculum development process and shall be an item that will rely primarily upon the advice and judgement of the Academic Senate.
2. Establishment of Articulation Agreements Mendocino College shall establish articulation agreements or partherships with regionally accredited institutions of higher education. The Articulation Officer and Transfer Counselor/Coordinator shall initially review the proposed agreement, and advise the Vice President of Student Services of the course of action.
3. Articulation with United States Institutionally Accredtied Post-secondary Institutions
4. Articulation is defined as the process of developing formal, written agreements that identify courses, or a sequence of courses, at a "sending" campus that are comparable to, or acceptable in lieu of, specific course requirements at a "receiving" campus.
5. Successful completion of an articulated course or sequence of courses assures a student and faculty that the student has completed the appropriate course(s), received the necessary instruction and preparation, and that similar course outcomes can be assured, enabling progression to the next level of instruction at the receiving institution.
6. Formal programs/documents shall be maintained with public and private (independent) senior collegiate institutions via one or more of the following methods of classification:
7. General Education agreements

ii. Major Preparation agreements

iii. Course-to-course agreements

1. Formal articulation documents shall be maininted with both the University of California and California State University systems in the following manner as applicable:
2. CSU baccalaureate-level courses (CSU transferable courses)

ii. UC Transfer Course Agreement (UC transferable courses)

iii. Courses approved for CSU General Education Breadth (CSUGE-B) (phasing out beginning Fall 2025)

iv. Courses approved for the Intersegmental General Education Transfer Curriculum (IGETC) (phasing out beginning Fall 2025)

1. Associate Degrees for Transfer (AD-T)

vi. Course Identification Numbering System (C-ID)

vii. Beginning Fall 2025: California General Education Transfer Curriculum (Cal-GETC)

1. All CSU and UC system-wide campus-specific articulation agreements shall be maintained in the official statewide repository known as ASSIST (Articulation System Stimulating Inter-institutional Student Transfer).
2. All articulation proposals with baccalaureate institutions shall be developed in accordance with the most recent edition of the California Articulation Policies and Procedures Handbook produced by the California Intersegmental Articulation Council (CIAC).
3. Articulation Officer

The process of faculty review that leads to the articulation of courses between institutions is coordinated and facilitated by the Articulation Officer.

References: Education Code Sections 66720-66744; Title 5 Sections 51022 subdivision (b) and 55051; ACCJC Accreditation Standard 2

1. The fee for auditing courses shall be charged at the current rate set by legislation unless the student is enrolled in classes to receive credit for 10 or more semester units, and is auditing three or fewer semester units in which case no fee will be charged.
2. A list of courses which may be audited shall be established by the Curriculum Committee and recorded on the Course Outline of Record .
3. Auditors must meet the course prerequisites.
4. Auditors must complete the application form for auditing status.
5. Admission to the class is subject to instructor discretion. Faculty must sign an audit card to show approval for students to attend class as an auditor on a space-available basis. Under no circumstances will an auditor be given preference over a student enrolled for credit. For K-12 students, no Advanced Placement form is required.
6. Auditor status is allowed only if:
7. the student has exhausted the repeat possibilities available to credit students, OR
8. for certain specified courses, instruction could not occur without the participation of the student.
9. Auditors will be able to register only after the second class meeting.
10. Students auditing the class will not be considered in the total class enrollment number.
11. Refunds of auditing fees will be made according to the existing college refund policy.
12. A transcript of record will not be maintained.
13. Auditors shall provide their own class materials.

Reference: Education Code 76370

Graduation Requirements for Degrees and Certificates must address the following:

Associate Degrees and Associate Degrees for Transfer

For the Associate of Arts (AA) or Associate of Science (AS) degree, a student must meet the following conditions:

Satisfactory completion of at least 12 semester units (18 quarter units) in residence within the college district. Governing boards shall adopt policies that permit students to obtain waivers of this requirement in order to alleviate injustice and undue hardship.

Satisfactory completion of each course counted toward the major or area of emphasis requirement with a grade "C" or better, or of "P" if the course is taken on a "pass-no pass" basis;

Completion of a minimum of 21 semester units (or 28 - 31.5 quarter units) general education pattern described in AP
4025.1, or completion of the requirements for an approved intersegmental lower-division general education pattern used for transfer to the University of California or the California State University; and

Completion of the requirements for the associate degree with a minimum cumulative grade point average of 2.0 in the degree-applicable courses. If units accumulated beyond those required for the degree lower a student's cumulative grade point average below 2.0, colleges may compute the grade point average based solely on those courses used to satisfy the degree requirements, provided that the coursework used to compute the grade point average fulfill all major/area of emphasis and general education requirements.

Courses that meet or exceed the standards of the California Community Colleges completed at other institutionally accredited institutions shall be counted toward associate degree unit requirements.

Courses may meet multiple requirements, including general education, a major or area of emphasis, and additional requirements stated in section 55061 when courses are locally approved to meet multiple requirements. However, one course may not be counted in more than one general education area, even if the course is approved in multiple general education areas. Students may use the same course to meet a local general education requirement and to satisfy a general education requirement at the California State University or the University of California if that segment accepts the course for this purpose.

Students may receive credit for knowledge or skills acquired through a district's procedures for awarding credit for prior learning.

Students who have been awarded a bachelor's degree from an accredited college or university shall be deemed to have fulfilled the general education course requirements for the associate degree.

Students who intend to transfer shall be advised of limitations transfer institutions may place on the transferability of credits, based on institutional accreditation, course modality, and any other relevant factors.

For the Associate of Arts for Transfer (AA-T) or the Associate of Science for Transfer (AS-T) degrees a student must:

Complete 60 CSU transferable semester units.

Achieve a CSU transferable GPA of no less than 2.0.

Complete the major coursework, a minimum of 18 semester units, prescribed in a State Chancellor's Office approved
AA-T or AS-T with no less than a C or P in each course.

Complete the CSU GE-Breadth pattern or IGETC pattern for CSU.

Complete 12 semester units in residence at the college granting the degree.

Certificates of Achievement

For a Certificate of Achievement, a student must successfully complete a course of study that has been approved by the CCCCO and that consists of 18 or more semester units of degree applicable credit coursework. The Certificate of Achievement shall be designed to demonstrate that the student has completed coursework and developed capabilities relating to career or general education. The CCCCO may approve Certificate programs for fewer units (a minimum of 12 and a maximum of 17.5 semester units of degree-applicable credit coursework), in this case, the same scholarship and residency standards would apply.

For a Certificate of Achievement, a student must:

Complete the major coursework, a minimum of 18 semester units (or between 12 and 17.5 units in a low-unit certificate), prescribed in a State Chancellor's Office approved Certificate of Achievement.

Complete all applicable coursework in a state approved Certificate of Achievement with no less than a C or P (formerly
CR ) in each course.

Complete 12 semester units in residence at the college granting the degree.

Non-credit Certificates of Competency and Completion

Non-credit courses that lead to a Certification of Completion or a Certification of Competency must be approved by the college
Curriculum Committee, Board of Trustees and the California Community College Chancellor's office. Content and assessment standards for non-credit certificates shall ensure that these programs are consistent with the Mendocino-Lake Community
College District's mission, meet a demonstrated need, include curriculum standards, have adequate resources, and are in

compliance. Programs leading to a non-credit certificate shall be noted in the College catalog. These certificates will be recorded on the student's transcript.
For a non-credit certificate, a student must:

Complete all applicable coursework in a Mendocino-Lake Community College District Board approved certificate by completing the prescribed amount of hours.

Skill awards are shorter credit or non-credit programs established by the District that:

Are consistent with the mission of the District;

Meet a demonstrated need;

Are feasible and adhere to guidelines on academic achievement;

Do not require California Community College Chancellor's Office approval;

May be given any name or designation deemed appropriate except for certificate of achievement, certificate of completion, or certificate of competency.

Credit Certificate of Skills

To award a credit Certificate of Skills (approved locally) at Mendocino-Lake College District, the college shall certify that the following requirements have been met:

Up to and including 17.5 semester units

Completion of specified courses with a C grade

These certificates will not be recorded on the student's transcript.

Non-credit Certificate of Skills

To award a non-credit Certificate of Skills (approved locally) at Mendocino-Lake College District, the college shall certify the following requirements have been met:

Completion of specified courses by completing the prescribed amount of hours.

These certificates will not be recorded on the student's transcript.

Graduation Application Procedure

1. Students must file a petition for a degree and, certificate, through the Admissions and Records Department.
2. Mendocino-Lake Community College District offers three graduation dates: fall semester, spring semester, and summer term.
3. Graduation ceremonies are conducted at the end of the spring semester.
4. Graduation petition deadline dates are locally announced in the Academic Calendar.

Course Substitution for Major, Institutional Requirements, and/or General Education Requirements

Occasionally a student may have difficulty in completing exact major and/or general education requirements as specified in the college catalog due to circumstances of class schedule conflicts, class cancellation, related but nonequivalent coursework taken outside of this college district, or circumstances beyond the control of the student. Under such circumstances, a student may file a Petition for Course Substitution to seek approval from the appropriate college officials to substitute one or more courses in a designated major, an area of emphasis, institutional requirements and/or in general education. The petition forms are available in the Admissions and Records Department.

Reciprocity for CSU GE-Breadth or Intersegmental General Education Transfer Curriculum (IGETC) Requirements

Students who are required to complete CSU GE-Breadth or IGETC for their particular degree, such as General Studies pattern
III or Associate Degrees for Transfer, or Certificates of Achievement in CSU GE-Breadth or IGETC, shall have their courses evaluated for reciprocity according to the rules set forth by either CSU GE-Breadth in Executive Order (EO) 1065 or in the most current version of the IGETC Standards.

Course Substitution within approved Associate Degrees for Transfer (AA-T/AS-T)

While the C-ID system establishes course-to-course reciprocity, where C-ID descriptors are not in place or where the substitution does not involve deeming two courses comparable, substitution decisions must be informed by the judgment of discipline faculty or curriculum committee faculty co-chair and curriculum committee VPAA co-chair. When an AA-T or AS-T degree is being conferred, any substitutions made must result in the awarding of a degree that is consistent with the parameters defined by the TMC (Transfer Model Curriculum). The colleges are encouraged to apply courses successfully completed as part of a TMC-aligned degree at one college for requirements within their own degrees to the greatest extent deemed possible and reasonable, but substitutions should only be made in instances where the TMC allows flexibility, as the local AA-T or AS-T degree awarded must remain consistent with parameters of the TMC for the specific discipline. (ASCCC Resolution 15.01
Spring 2011 and ASCCC statements on Reciprocity, Course Substitution and Credit by Exam - in light of AA-T and AS-T degrees August 2012.)

Double Counting

While a course might satisfy more than one general education requirement, it may not be counted more than once for these purposes within sections A-D of the district general education pattern. A course may not satisfy more than one requirement within a major and/or area of emphasis, even if it is an option in more than one section of either a major and/or area of emphasis. However, a course may be used to satisfy both a general education requirement and a major or area of emphasis requirement. A course may also be used to satisfy requirements in two (2) or more different majors, whether for an Associate degree, Associate degree for Transfer, Certificate of Achievement, or Proficiency Award. The units, however, may never be counted more than once toward the units required for the specific degree, certificate or proficiency award.

Academic Year

The fall semester is the first term of an academic year. A summer term, whether one or more sessions, constitutes the last term of an academic year.

Transfer Limitations

Students should be aware that the conferring of additional degrees in the Mendocino-Lake Community College District does not always guarantee admission or the accomplishment of general education or major requirements at transfer institutions.

Students Who Have Previously Completed a Bachelor's Degree

Students who have been awarded a bachelor's degree from an accredited college or university shall be deemed to have fulfilled the general education course requirements for the associate degree. Students lookng to earn an AA or AS from Mendocino
College are required to complete the requirements for the program and Mendocino College Institutional Requirements only.
Acceptance of Upper-Divison Coursework to meet Associate Degree, Certificate, Mendocino College General
Education, and Institutional Requirements
Mendocino College will accept coursework completed at the upper-division level from an accredited college or university under the following conditions:

Courses may be used to meet a non-ADT program/major requirement, a Mendocino College General Education requirement, and Institutional Requirement, or a prerequisite.

No more than 30 units of upper-division coursework may be counted towards the minimum of 60 units required for the associate's degree. Units in excess of the 30 units of upper-division will be accepted for subject credit only.

Courses may not be used to certify CSU GE, IGETC, or Cal-GETC requirements.

Publication Requirements

District policies and procedures regarding general education and degree requirements must be published in the college catalog and must be filed with the California Community Colleges Chancellor's Office.

References: Title 5 Sections 55060 et seq.

The District recognizes that the official Mendocino College catalog delineates the rights and responsibilities of enrolled students, including catalog rights of students transferring into the College from any other accredited institution of higher education.

Graduation requirements are applied according to the catalog in effect at the time of first enrollment. Each new catalog year begins with the fall semester. If a student enrolls in summer, they have rights under the catalog in effect for the previous year.

Enrollment must be in a credit course and must be continuous (at least one course is taken each academic year) for graduation requirements to be taken from the catalog in effect at the time of first enrollment.

Students transferring into Mendocino College from another accredited institution of higher education and meeting the above definition of continuous enrollment shall not lose their original catalog rights. In other words, they may follow the requirements in the Mendocino College catalog that were in effect at the time of their first enrollment in the other higher education institution.

When a break in enrollment occurs, graduation requirements are applied according to the catalog in effect at the time of re-entry into continuous enrollment.

Students may choose to graduate under the Mendocino College catalog in effect for any year between the date of their first enrollment and the date they petition to graduate as long as they were continually enrolled during that time.

Students may not complete general education requirements under one catalog and major requirements under another catalog.

Students may petition for an exception to this policy through the Office of Admission and Records, with final approval by the Vice
President of Academic Affairs.

References: Education Code Sections 66000 and 89030

Title 5 Section 40401

Independent Studies provide an opportunity for students with special interests and abilities in subject areas to meet with faculty members to discuss and investigate special areas of study, projects, and research. A minimum of 48 hours of conference and directed study is required per unit.

Conditions for Independent Study

1. Student must have completed 12 semester units at the College.
2. Student must be in good academic standing and have earned a cumulative GPA of 3.0 or greater.
3. Students may earn 0.5-4.0 credits per Independent Study Course.
4. Discipline must have a current Independent Study course proposal approved by the Curriculum Committee, the Academic Senate, the Board of Trustees, and the Chancellor's Office.
5. These courses usually count as electives and generally do not fulfill specific Associate Degree requirements.
6. Transfer credit for Independent Study courses is contingent upon an evaluation of the course by the receiving college or university.

Approval for Independent Study

1. Instructors are responsible for assisting the student in developing the proposal, granting instructor approval of the proposal, assisting the student in the Independent Study as necessary, evaluating the results of the study and submitting the final grade to the Office of Admissions and Records.
2. The Independent Studies Proposal must be completed by the student and instructor of record; then approved by the Director of Enrollment Services or designee, appropriate Dean, and Vice President of Academic Affairs.
3. The Director of Enrollment Services or designee sends the request to the Instruction Schedule Technician identifying the course, number of units, and instructor.
4. The student is added to the course when the approved proposal has been received and the course scheduled.
5. Independent Study courses are scheduled as weekly or daily census and grades are posted using the online grading software.

Academic Standards

At least one piece of student-generated work and instructor evaluation of the work completed is required.
Academic standards applicable to courses of Independent Study shall be the same as those applied to other credit courses offered at the College.

Procedures for Evaluation
Student progress is evaluated in a manner consistent with other courses offered at Mendocino College. Methods of evaluation and grading criteria are clearly stated in the contract and agreed to by all stakeholders. Independent Study students shall have the same level of access to the instructor that students enrolled in courses conducted by other instructional methods have, including office hours.

References: Title 5 Sections 55230 et seq.

All Career and Technical Education programs must have an associated advisory committee.

All advisory committees provide input on maintaining relevant curriculum, technology, equipment, and course content, and they serve as liaisons to potential employers. Title 5, Section 55601 requires that all Career Technical Education programs have regularly scheduled advisory committee meetings. Committees must meet at least once per year. Committee meeting minutes will be provided to the Office of Instruction by May 15 of each year. The California Department of Education's Career-Technical
Advisory Committee Handbook provides further guidelines for advisory committees.

Advisory committee membership should include working professionals in the appropriate program field whose expertise would benefit the growth and development of the program. Members should be selected by program faculty and reviewed by the appropriate administrator.
All programs are responsible for monitoring, documenting, and communicating with their Advisory Committee how students are progressing toward the competencies, objectives, and student learning outcomes identified for the particular program. All programs will review their most recent Career Education two-year review, along with associated data.

In accordance with California Education Code 78016, the faculty will use the two-year review to ensure that their programs:

1. Meet a documented labor market demand;
2. Do not represent unnecessary duplication of other manpower training programs in the area;
3. Area of demonstrated effectiveness as measured by the employment and completion success of its students.

Consistent with Federal Regulations pertaining to Federal Financial Aid eligibility, the Vice President of Academic
Affairs will ensure that the District complies with the United States Department of Education’s disclosure requirements for each of the District’s Career Education programs, by disclosing Federally-mandated information about the programs to prospective students. The District shall make the required disclosures available to prospective students in promotional materials and on its website.

The Vice President of Academic Affairs shall establish procedures to ensure that the District meets these reporting requirements whenever the District intends to add a new gainful employment program.

References: Title 5 Sections 55600 et seq.; 2 Code of Federal Regulations Part 200 (The Federal Education Department General Administrative Regulations, 2nd Edition); 34 Code of Federal Regulations Part 600 (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

The District is committed to offering a Work Experience Education program that provides students the opportunity to earn college credit for their workplace experience and develop skills under the instruction of a faculty member and the oversight of an on-site supervisor. This procedure outlines the required program components of the Work Experience Eduction program at Mendocino College.

The District shall maintain a district-wide plan submitted to the Board of Trustees which includes:

a systematic design of a program whereby students gain realistic learning experiences through work

a specific description of the respective responsibilities of the college, the student, the employer, and other cooperating agencies

guidance services

a sufficient number of qualified academic personnel to direct the program

processes that assure students' on-the-job learning experiences are documented with wqritten measurable learning objectives, students are required to meet certain criteria and are evaluated, and the basis for awarding grades and credit is described

adequate clerical and instructional services are provided

The plan will also address the maintenance of records that include the following student information:

units of work experience in which each student is enrolled

where they are employed

what job they hold

a basis for determining student qualifications

timesheets for student hours worked

an evaluation of performance signed by the student, the employer, and the advisor

if required, that a work permit was issued

Supervising faculty assigned to teach Work Experience Education courses must maintain records that show:

consultation with the student and their employer

evaluation of the student's achievement

student's final grade

References: Title 5 Sections 55250 et. seq.

Consistent with federal regulations pertaining to federal financial aid eligibility, the District must authenticate or verify that the student who registers in a distance education course is the same student who participates in and completes the course or program and receives academic credit. The District will provide to each student at the time of registration, a statement of the process in place to protect student privacy and estimated additional student charges associated with verification of student identity, if any.
The Vice President of Academic Affairs shall utilize one or more of these methods to authenticate or verify the student's identity:

secure credentialing/login and password; new or other technologies and practices that are effective in verifying student identification

The Vice President of Academic Affairs shall establish procedures for providing a statement of the process in place to protect student privacy and estimated additional student charges associated with verifiction of student identity, if any, to each student at the time of registration.
Definitions: "Distance education": Distance Education means education that uses one or more of the technologies listed below to deliver instruction to students who are separated from the instructor(s) and to support regluar and substantive interaction between students and instructor(s) either synchronously or asynchronously. Technologies that may be used to offer distance education include:

1. the internet;
2. one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
3. audio conference;
4. other media used in a course in conjunction with any of the technologies listed in this definition.

Distance Education does not include correspondence courses.

Course Approval:

The review and approval of new and existing distance education courses shall follow the curriculum approval procedures outlined in Administrative Procedures 4020.1, Program and Curriculum Development. Distance education courses shall be approved under the same conditions and criteria as all other courses.

Certification: When approving distance education courses, the Curriculum Committee will certify the following:

Course Quality Standards: The same standards of course quality are applied to the distance education courses as are applied to traditional classroom in-person courses.

Course Quality Determinations: Determinations and judgments about the quality of the distance education courses were made with the full involvement of the Distance Education Committee and the Curriculum Committee approval procedures.

Regular interaction: Interaction between a student and instructor(s) is ensured by, prior to the student's completion of a course or competency:

1. providing the opportunity for substantive interactions with the student on a predictable and scheduled basis commensurate with the length of time and the amount of content in the course or competency; and
2. monitoring the student's academic engagement and success and ensuring that an instructor is responsible for promptly and proactively engaging in substantive interaction with the student when needed on the basis of such monitoring, or upon request by the student.

Substantive interaction: Engaging students in teaching, learning, and assessment, consistent with the content under discussion, and also includes at least two of the following:

1. providing direct instruction;
2. assessing or providing feedback on a student's coursework;
3. providing information or responding to questions about the content of a course or competency;
4. facilitating a group discussion regarding the content of a course or competency; or
5. other instructional activities approved by the District's or program's accrediting agency.

Instructor Contact: Each section of the course that is delivered through distance education will include regular and substantive interaction between instructor(s) and students, as well as among students, as described in the course outline of record, either synchronously or asynchronously, through group or individual meetings, orientation and review sessions, supplemental seminar or study sessions, field trips, library workshops, telephone contact, voicemail, email, or other activities.

Frequency of Interaction and Student Contact:

Instructors shall regularly communicate with the class as a whole through announcements, open-ended question forums, etc.
These communications will take place at least weekly.

Instructors shall regularly initiate interaction with individual students to determine that they are accessing and comprehending course material and that they are participating regularly in the activities in the course. These interactions should include responses in open forums, feedback on assignments, etc., and should take place at least weekly. Response time to student questions shall be no more than 72 hours in most situations.

Should the instructor be out of contact for longer than 72 hours, notification to students shall be made in the announcements area of the course. This notice will include a date when the students can expect regular effective contact to resume.
Addendum to Course Outline: An addendum to the official course outline of record for any new or existing course provided through distance education must address the following:

How course outcomes will be achieved in a distance education mode;

How the portion of instruction delivered via distance education meets the requirement for regular and substantive interaction;

The course design and all course materials must be accessible to every student including students with disabilities.
Duration of Approval: All distance education courses approved under this procedure will continue to be in effect unless there are substantive changes to the course outline.

Faculty Selection and Workload: Instructors of course sections delivered through distance education are individuals responsible for delivering course content who meet the qualifications for instruction established by the District's accrediting agency. Instructors will be selected using the District or college's same procedures for determining other instructional assignments.

References: Education Code Sections 66700 and 70901 et seq.; Title 5 Sections 55200 et seq. and 55260 et seq.; 34 Code of Federal Regulations Part 602.17 (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

Definition of Course Repetition

A course repetition occurs when a student who has previously received an evaluative symbol (i.e. A, A-, B+, B, B-, C+, C, D+, D, D-, F, W, P/NP, CR/NC, RD, I) in a credit course, re-enrolls in that course and receives an evaluative symbol OR attempts a course and receives an evaluative or non-evaluative symbol for the course (i.e. A, A-, B+, B, B-, C+, C, D+, D, D-, F, W, P/NP, CR/NC, RD, I) and wishes to enroll again in the same course. All course attempts in a student’s academic record count toward this enrollment limitation.

Course Repetition to Alleviate Substandard Work

If a student receives a grade of D, F, NC, NP, or W in a course that is not designated as repeatable the student may repeat the course to improve the grade; however, the listing of the original grade will remain on the student’s permanent record.
A student may repeat a course no more than two times (three enrollments total) unless there is another provision that allows the repetition. When a student has repeated courses to alleviate substandard coursework, the first two substandard grades may be excluded in computing the student’s grade point average (GPA). The course repetition will be annotated on the transcript and all work will remain legible insuring a true and complete academic history. The Course
Repetition Policy applies to courses taken in other accredited colleges or universities and similar policies at other colleges and universities will be honored.

Course Repetition for Satisfactory Work If a student completes a course that is not designated as repeatable and receives a satisfactory grade (i.e., A, A-, B+, B-, C+, C, P), the student may not repeat the course unless there is another provision that allows the repetition as defined below:

Repeatable Courses

Courses designated as repeatable are identified in the college catalog and shall include the number of times a course may be repeated. Courses may be deemed repeatable if they meet one of the following exceptions:

1. Courses for which repetition is necessary to meet the major requirements of CSU or UC for completion of a bachelor’s degree. The District shall retain supporting documentation that verifies that the repetition is necessary to meet the major requirements of CSU or UC for completion of a bachelor’s degree;
2. Intercollegiate athletics courses in which a student athlete is enrolled to participate in an organized competitive sport sponsored by the District, or a conditioning course which supports the organized competitive sport; and
3. Intercollegiate academic or vocational competition courses designed specifically for participation in non- athletic competitive events between students from different colleges and sanctioned by a formal collegiate or industry governing body. The participation in the event must be directly related to the course content and objectives.

Enrollment in these courses is limited to no more than four times, even if the student receives a substandard grade or W during one or more of the enrollments.

Course Repeats Within Subject Families

Course Families are established by the Curriculum Committee, and identified in the college catalog, for active participatory courses in physical education/kinesiology and visual or performing arts with similar educational activities. Although a course cannot be repeated, a student may attempt up to four courses in a subject family.
This limitation applies even if the student receives a substandard grade (i.e., D+, D, D-, F, NP, NC) or a W.
Enrollment limitations are monitored district-wide for a subject family.

Course Repetition for Extenuating Circumstances

Students may petition the Office of Admissions and Records to repeat a course whether the grade was substandard, passing or a withdrawal. ‘Extenuating circumstances’ are defined as verified cases of accidents, illness, or other circumstances beyond the control of the student. Upon completion of the repeated course, the previous grade and units awarded shall be disregarded in computing the student’s grade point average (GPA). All coursework on the student's permanent academic record shall be annotated in such a manner that all work remains legible, ensuring a true and complete academic history.

Course Repetition for Legally Mandated Courses

Students may petition the Office of Admissions and Records to repeat a course determined to be legally mandated by statute or regulation as a condition of paid or volunteer employment regardless of whether substandard academic work has been recorded. Such courses may be repeated for credit any number of times, provided the student submits documentation of the required legal mandates.

Course Repetition as a Result of a Significant Change in Industry or Licensure Standards

Students may petition the Office of Admissions and Records to repeat a course as a result of a significant change in industry or licensure standards such that repetition of the course is necessary for employment or licensure.
Such courses can be repeated for credit any number of times provided the student submits documentation of the significant change in industry or licensure standards necessitating course repetition.

Course Repetition for Students with Verified Disabilities Repeating a Special Class

A student with a verified disability may repeat a special class designated for students with disabilities any number of times when an individualized determination verifies that such repetition is required as a disability-related accommodation for that student for one of the reasons specified in Title 5, Section 56029. When a student with a disability repeats a class, the previous grade and credit shall be included in computing the student’s grade point average (GPA).

Special classes are those instructional activities designed to address the educational limitations of students with disabilities who would be unable to substantially benefit from regular classes even with appropriate support services or accommodations as set forth in Section 56028.

Course Repetition for Significant Lapse of Time

Students may petition the Office of Admissions and Records to repeat a course one time due to a significant lapse of time (at least three years) since a satisfactory passing grade was received in order to satisfy a District recency requirement or the recency requirement of another institution of higher education to which the student seeks to transfer.

Upon completion of the repeated course, the previous grade and units shall be disregarded in computing the student’s GPA. All coursework on the student's permanent academic record shall be annotated in such a manner that all work remains legible, ensuring a true and complete academic history.

Course Repetition for Cooperative Work Experience Education

A student may repeat an occupational work experience course in a given field any number of times so long as the student does not exceed 16 units in any combination of cooperative work experience (general or occupational) during community college attendance. All grades and units received for each enrollment shall be included in computing the student’s grade point average (GPA).

Course Repetition for Variable Unit Courses

A student may enroll in a variable unit course as many times as necessary to complete one time the entire curriculum and unit value of the course. However, a student may not repeat any portion of a variable unit course that has already been completed and evaluated.

Multiple and Overlapping Enrollments

Students may not enroll in two or more sections of the same credit course during the same term. In the case of short courses, students may enroll in multiple sections of the same credit course in a given term so long as the enrollments do not overlap and meet all other provisions for course repetition.

Students may petition the Office of Admissions and Records to enroll in overlapping courses during the same term when the overlap will not exceed eight (8) hours. The proposed overlap must include a contract to make up the hours missed as agreed to be the instructor of record. Petitions which exceed eight (8) hours, or do not provide a contract which provides documentation of the make-up time, shall be denied.

References: Education Code Section 76224
Title 5 Sections 55041, 55042, 55043, 55253, 56029, and 58161

Only the following types of courses may be designated as repeatable:

Courses for which repetition is necessary to meet the major requirements of California State University (CSU) or University of California (UC) for completion of a bachelor’s degree;

Intercollegiate athletics courses; and

Intercollegiate academic or vocational competition courses. Such courses may be repeated no more than four times for semester courses.

The District must identify and designate such repeatable courses in its catalog.

Under special circumstances, students may repeat courses in which a C or better grade was earned.

Students are allowed to repeat a course without petition when repetition is necessary to enable that student to meet a

Legal References

• ly mandated training requirement as a condition of volunteer or continued paid employment. Students can repeat
• such courses any number of times.
• Students may petition to repeat a course as a result of a significant change in industry or licensure standards such that
• repetition of the course is necessary for the student’s employment or licensure. Students can repeat such courses any
• number of times.
• Students may enroll in activity courses in physical education, visual arts, or performing arts. Such courses may not be
• repeated for more than four semesters. This limit applies even if the student receives a substandard grade or “W” during
• one or more enrollment or if a student petitions for repetition for repetition due to extenuating circumstances.
• Students with disabilities can repeat a special class for students with disabilities any number of times when an
• individualized determination verifies that such repetition is required as a disability-related accommodation for the student
• for one of the reasons specified in Title 5 Section 56029.
• A student may repeat a cooperative work experience program any number of times as long as they do not exceed the
• limit on the number of units of cooperative work experience set forth in Title 5 Section 55253(a); however, the grade
• received by the student each time will be included in calculations of the student’s grade point average.
• The District shall develop and implement a mechanism to allow it to properly monitor course repetition.
• References:
• Title 5 Sections 55040, 55041, 55253, and 56029

Grades from grading system shall be averaged on the basis of the point equivalencies to determine a student's grade point average using only the following evaluative symbols:

Evaluative symbols:

A - Excellent (Grade Point = 4)

B - Good (Grade Point = 3)

C - Satisfactory (Grade Point =2)

D - Passing (Less than satisfactory) (Grade Point = 1)

F - Failing (Grade Point = 0)

P - Pass (At least satisfactory units awarded not counted in GPA)

NP - No Pass (Less than satisfactory, or failing units not counted in GPA)

SP - Satisfactory Progress towards completion of the course (Used for noncredit courses only and is not supplanted by any other symbol.)

Non-Evaluative symbols:

I - Incomplete

IP - In progress

RD - Report delayed

W - Withdrawal

MW - Military withdrawal

EW - Excused withdrawal
CP - Credit For Prior Learning

Incomplete: An Incomplete grade may be assigned to a student who cannot complete a small portion of the required academic work for justifiable emergencies or unforeseeable reasons at the end of the semester. This will result in a grade of "I" being entered in the student's record.
The condition for the removal of the "I" shall be stated by the instructor in a written record. The record shall contain the conditions for the removal of the "I" and the grade assigned in lieu of its removal. The record must be given to the student with a copy on file with the registrar until the "I" is made up or the time limit has passed. A final grade shall be assigned when the work stipulated has been completed and evaluated, or when the time limit for completing the work has passed. The "I" symbol shall not be used in calculating units attempted nor for grade points.

The decision to give an Incomplete rests solely with the instructor of record. A student who receives an Incomplete must make arrangements with the instructor and must make up the coursework no later than one year following the end of the semester in which the "I" was assigned.

In Progress: The "IP" symbol shall be used only in those courses which extend beyond the normal end of an academic term. It indicates that work is in progress, and that assignment of an evaluative symbol (grade) must await its completion. The appropriate evaluative symbol (grade) and unit credit shall be assigned and replace the IP symbol once the course is completed.

Report Delayed: The "RD" symbol may be assigned by the registrar only. It is to be used when there is a delay in reporting the grade of a student due to circumstances beyond the control of the student. It is a temporary notation to be replaced by a permanent symbol as soon as possible. "RD" shall not be used in calculating grade point averages.

Withdrawal: The "W" symbol may be used to denote withdrawal in accordance with the requirements of Title 5 Section 55024.
A faculty member may withdraw a student from a course, by the mandated deadline, if the student ceased to participate in the course.

Military Withdrawal: The "MW" symbol may be used to denote military withdrawal in accordance with Title 5 Section 55024.

Excused Withdrawal: The "EW" symbol may be used to denote an excused withdrawal in accordance with Title 5 Section
55024.

CP: The CP symbol may be used to denote credit earned through successful completion of a College Level Examination
Program examination, Advanced Placement examination, or another experience, examination or assessment of prior learning, if the District determines that such prior learning satisfies the District's standards for measuring competencies comparable to those achieved in general education level courses. Standards for satisfactory completion of a prior learning experience, examination or assessment will be approved by the faculty in the appropriate discipline for which prior learning credit is earned.

References: Title 5 Sections 55023, 55024, 55051, 55052,and 55052.5

The Board of Trustees recognizes that effective evaluation of students through a system of grades and other methods of feedback is essential for their academic progress and success. Student evaluation methods should reflect the goals and mission of the college. The Board authorizes the Academic Senate Curriculum Committee to insure that an equitable, effective, and meaningful system of student evaluation and grading is maintained for all courses offered by the college.

Grades shall be given to students in all credit classes at Mendocino College. Grades should accurately reflect students progress during the course and their cumulative, overall performance upon completion of the course.

Evaluation of student's abilities, skills, progress, learning, and performance in classes shall include assignments that provide effective evaluative feedback throughout the duration of a course. In addition, as articulated in the course outline of record, methods of evaluation shall be varied wherever possible to support students' diverse learning styles and educational strengths and weaknesses. Appropriate and reasonable accommodations must be provided to students with documented disabilities as recommended by the Disability Resource Center.

Instructors shall clearly inform students during the first week of class, in writing on a syllabus, exactly what criteria will be used for evaluation and grading purposes and how assignments will be weighted in arriving at final course grades.

Students shall receive timely feedback about their performance on all required assignments so that they have the necessary information to maintain a desired level of performance or to take appropriate steps to improve performance as warranted.

Instructors shall be available to advise, consult with, and assist students in optimizing their academic performance and reaching their educational goals.

References: Educational Code Sections 70901, 76000, 76224
Title 5 Sections 55751-55756; 55758-55765

Changing Grades

The instructor of the course shall determine the grade to be awarded to each student.

The determination of the student's grade by the instructor is final in the absence of mistake, fraud, bad faith, or incompetence. “Mistake” may include, but is not limited to, errors made by an instructor in calculating a student’s grade. and clerical errors. “Fraud” may include, but is not limited to, inaccurate recording or change of a grade by any person who gains access to grade records without authorization.

The removal or change of an incorrect grade from a student's record shall only be done pursuant to Education Code
Section 76232 or by an alternative method that ensures that each student shall be afforded an objective and reasonable review of the requested grade change.

If the procedure requires that a student first request a grade change from the instructor (See Board Policy 5530 Student
Rights and Grievances), provisions shall be made to allow another faculty member to substitute for the instructor if the student has filed a discrimination complaint, if the instructor is not available or where the District determines that it is possible that there may have been gross misconduct by the original instructor.

In the case of fraud, bad faith, or incompetence, the final determination concerning removal or change of grade will be made by the Vice President of Academic Affairs.

In all cases, the instructor who first awarded the grade will be given written notice of the change.

Security of Grade Records

The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system.

The measures implemented by the District shall include, but not necessarily be limited to, password protection for all student grade data bases, locking mechanisms for computer stations from which student grade data bases can be viewed, and strict limits on the number of persons who are authorized to change student grades.

Persons authorized to change grades shall be designated by the Director of Enrollment Services. No more than three
District employees may be authorized to change student grades. Only regular full-time employees of the District may be authorized to change grades. Student workers shall not have access to grade records, and student workers may not change grades at any time.

Any person who discovers that grades have been changed by someone other than the persons authorized to do so shall notify the Director of Enrollment Services immediately. The Director of Enrollment Services shall immediately take steps to lock the grade storage system entirely while an investigation is conducted.

If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities.

Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred.

Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures.

Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred.

References: Education Code Sections 76224 and 76232; Title 5 Section 55025

Courses may be offered in either or both of the following categories:

Courses in which all students are evaluated on a "pass-no pass" basis. Such courses will be identified in the approved course outline of record and the college catalog.

Courses in which each student may elect on registration, or by the last day of instruction, to take the course on a "pass- no pass" basis. Such courses will be identified in the approved course outline of record and the college catalog.

A student electing to be evaluated on the "pass-no pass" basis will receive both course credit and unit credit upon satisfactory completion of the course. In computing a student's grade-point average, grades of "pass-no pass" are omitted.

A pass grade is granted for performance that is equivalent to the letter grade of "C" or better. A student who fails to perform satisfactorily will be assigned a "no pass" grade.

The student is held responsible for all assignments and examinations required in the course. The standards of evaluation are identical for all students in the course.

Reference: Title 5 Section 55022

SEMESTER HONORS DESIGNATIONS

Students earning 12 or more credit units in one semester shall receive recognition of their academic achievements with an honors designation. Courses taken Pass/No Pass will not be considered part of the 12 credit units. Semester honors designations are assigned at the conclusion of the spring and fall semesters. Honors designations are not assigned for the summer semester.

Designations will be assigned as follows:

Dean's List

Students earning 12 or more credit units in one semester with a grade point average between 3.50 and 3.74 shall be named to the Dean s List and receive a corresponding notation on their academic record;

President's List

Students earning 12 or more credit units in one semester with a grade point average between 3.75 and above shall be named to the President s List and receive a corresponding notation on their academic record;

GRADUATION HONORS DESIGNATIONS

Students receiving associate degrees may graduate with honors as indicated below. Honors designations for graduation are based upon the cumulative grade point average and include all grades earned at all colleges attended. Students may not use the academic renewal process to set aside credit units or course work which has been used to satisfy graduation requirements, nor can academic renewal be used to raise the grade point average to qualify for graduation honors.

Designations of graduation honors will be made on diplomas of all eligible recipients and noted on the academic record.

Honors Designation

Cumulative GPA

Highest Honors

4.00

High Honors

3.75-3.99

Honors

3.50-3.74

Credit by Assessment may be obtained by one of the following methods:

Achievement of a score of 3 or higher on an Advanced Placement Examination administered by the College Entrance
Examination Board.

Achievement of a score that qualifies for credit by examination in the College Level Examination Program.

Credit by satisfactory completion of an examination administered by the college in lieu of completion of a course listed in the college catalog.

Achievement of an examination administered by other agencies approved by the college.

Prior learning will be assessed by faculty in the discipline (or related discipline with content knowledge) for specific course credit.

Credit may be awarded for prior experience or prior learning only for individually identified courses with subject matter similar to that of the individual's prior learning, and only for a course listed in the Mendocino College catalog. Award of credit may be made to electives for students who do not require additional general education or program credits to meet their goals.
Credit for prior learning shall include, but not be limited to:

Credit by Examination,

Joint Services Transcript (JST) evaluation,

Student created portfolio evaluation,

Industry-recognized credential documentation evaluation,

Standardized exams;

Determination of Eligibility for Credit by Assessment:

The student must be currently registered in the college and in good standing;

The course is listed in the college catalog;

The student may not have earned college credit in a more advanced subject matter;

The student must satisfy all stated prerequisite(s)/corequisite(s);

The course must be approved for Credit by Assessment through the curriculum process;

Process for Credit by Assessment:

The student must complete and submit a Petition for Credit by Assessment to the Office of Admissions and Records.

The petition must be approved by the appropriate Academic Dean.

A student will not be charged a fee for a Credit by Assessment.

The student will not be enrolled in the course for which the student seeks Credit by Assessment.

Credits acquired by assessment are not applicable to meeting of such unit load requirements as Selective Service deferment, Veteran's or Social Security benefits.

Credits acquired by assessment shall not be counted in determining the 12 semester hours of credit in residence required for an Associate degree.

Credit by Assessment can only be taken for a letter grade with the exception of those courses designated for pass/no pass only. Courses taken for Credit by Assessment meet major requirements, except those courses designated pass/no pass only.

Courses where Credit by Assessment is earned may not be repeated for credit by classroom attendance unless a substandard grade is earned (D, F or NP.).

The student's academic record will clearly indicate that the credit was earned by assessment.

A grade of incomplete may not be assigned.

Each approved course may be challenged only once.

A maximum of 12 units of credit may be earned by assessment.

The student may appeal the decisions related to the award of credit in cases of credit by assessment through the regular appeals processes.

References:

Education Code Section 79500; Title 5, Sections 55050, 55051, 55052, and 55052.5

Any student who passes a College Board Advanced Placement (AP) examination with a minimum score of three in a subject matter will be awarded credit in a General Education area with a subject matter similar to that of the AP examination.

For any AP examination that the District does not offer a course similar in content, the District will award credit in the General
Education area shown on the California Community College General Education AP List. If there is no General Education area that fits the AP Examination, the District will award elective credit.

A student's academic record will be annotated to reflect credit earned through an AP examination.

The District shall post its Advanced Placement Credit procedure on its Internet Web site.

References: Education Code Section 79500; Title 5 Section 55052

Mendocino College recognizes that students may prefer to use names other than their legal name to identify themselves.
As long as the use of this chosen name is not for the purpose of fraud or misrepresentation, Mendocino College acknowledges that a preferred/chosen name can be used where possible in the course of Mendocino College business and education, except where the use of the legal name is necessitated by college business, software requirements/limitations, or legal requirement.

Mendocino College reserves the right to deny or remove, with or without notice, any chosen name for misuse, including but not limited to fraud, misrepresentation, attempting to avoid legal obligation, or the use of highly offensive or derogatory names. The legal surname will remain unchanged.

When designated by a student, the chosen name will be used in Mendocino College communications except where use of a legal name is required by Mendocino College business, software requirements, or legal requirement.

Definitions

Legal name: The name that an individual is given at birth and which appears on a birth certificate recognized by a government or other legal entity, or the name which appears on a marriage certificate or other government issued document (e.g. court order) on which a legal name change is recorded.

Chosen name: The first name by which a student wishes to be known.

Places where a student’s chosen name may display:

Learning Management Systems such as Canvas
Class roster
Student Information System Forms
Student class schedule
Mendocino College username/email address (if requested)
Mendocino College student ID card
Diploma or certificate
Commencement program

Places where student’s legal name will display:

Official transcripts
Employment forms
Payroll records
Tax documents
Financial aid documents and records
Immigration documents
Verification requests
Third-party reports such as to the National Student Clearinghouse
Other documents that require a legal name on record

How to Request a Chosen Name

Students are not required to obtain a court-ordered name change to change their Mendocino College records as a prerequisite to being addressed by their chosen name.

Students will submit a Chosen First Name Request Form to the Office of Admissions and Records to facilitate the change.

Legal Name Change

Requesting a chosen name does not change the legal name on record with Mendocino College. A request for a legal name change must be accompanied by a completed Supplemental Admission Form, a photo ID, and the required legal documentation. Legal documentation such as a court order, marriage license, birth certificate, Social Security card, valid
U.S. passport, or an adoption order must be submitted in order to complete a legal name change request. Name change requests are submitted to, and processed by, the Office of Admissions and Records.

When previously recorded college work is substandard (grades of "D" , "F" , or "No Pass" ), and not reflective of the student's present level of demonstrated ability, a student may petition the Director of Enrollment Services to have the substandard college work excluded from the grade point average calculation.

To petition, a student must meet the following conditions:

Two academic years have elapsed since the substandard work was recorded, and

The student has subsequently completed 15.0 units of college work at Mendocino College or at another accredited institution with a grade point average of 2.0 or higher.

The Mendocino College permanent academic record shall be annotated in such a manner that all course work remains legible.
A maximum of 24.0 semester units may be excluded from the grade point average calculation. Specific courses from more than one semester or term may be chosen by the student for renewal. Academic renewal actions are irreversible.
Once an Associate Degree has been awarded, courses taken prior to the awarding of the degree cannot be excluded from the GPA calculation. Academic renewal cannot be used to raise the grade point average in order to qualify for graduation with honors unless the student goes through an appeal process, through the Academic Review Committee, and that committee grants the right to honors.

The academic renewal process is initiated by the student in consultation with an academic counselor. A student shall complete a Petition for Academic Renewal/Record Adjustment and discuss their petition with an academic counselor. The completed petition shall be submitted to the Director of Enrollment Services or designee.

Academic renewal procedures may not conflict with the District's obligation to retain and destroy records or with the instructor's ability to determine a student's final grade.
Academic renewal by Mendocino College does not guarantee that other institutions will approve such action. This determination will be made by the respective transfer institution(s).

Reference: Title 5 Section 55046

Standards for Probation

A student shall be placed on probation at Mendocino College under the following conditions:

1. Academic Probation: A student who has attempted at least 12 units, as shown by the official academic record, shall be placed on academic probation if the student has earned a cumulative grade point average of less than 2.0 in all units which were graded on the basis of the Mendocino College grading scale.
2. Progress Probation: A student who has enrolled in at least 12 cumulative semester units at Mendocino College, as shown by the official academic record, shall be placed on progress probation when the percentage of all units in which the student has enrolled, for which entries of "W", "I" , "NC" and "NP" are recorded reaches or exceeds fifty (50) percent.
3. Continuing on Probation: A student shall continue on probation when the cumulative minimum standards are not met in each semester of enrollment. At the end of the third consecutive semester of probation, the student will be dismissed.

Removal from Probation

Students may be removed from probation only when the grade point average or progress probation grades meet the standards required.

1. Academic Probation: The student on Academic Probation for a grade point deficiency shall be removed from probation when the cumulative grade point average is 2.0 or higher.
2. Progress Probation: The student on Progress Probation because of excess units for which entries of "W" , "I" , "NC" and "NP" are recorded shall be removed from probation when the percent of units in these categories drops below fifty (50) percent.

Notification of Probation

Students will be notified of their academic standing and the availability of college support services to address their academic difficulty before the student is dismissed.

The letter notifying the student of probation will cover, at a minimum, the implications of being on probation and description of the services available.

At the end of the third semester on which the student is on academic or progress probation, they will be notified they are subject to dismissal.

Probationary Letter

The letter notifying the student of probation will cover, at a minimum, the significance of being on probation and description of the services available.

A student who is on academic probation and earns a semester grade point average of 2.00 or better shall not be dismissed as long as this minimum semester grade point average is maintained.

Probation, Dismissal, Readmission Data Reporting

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

Reference:

Title 5 Sections 55031through 55034

Standards for Dismissal

A student who is on academic probation shall be subject to dismissal if the student has earned a cumulative grade point average of less than 2.00 in all units attempted in each of three consecutive semesters. A student who has been placed on progress probation shall be subject to dismissal if the 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 fifty percent (50%).

"All units attempted" is defined as all units of credit for which the student has enrolled at Mendocino College.

A student on academic probation who earns a grade point average of 2.0 or better for the semester, but whose cumulative record still results in progress probation, shall have their probation extended an additional semester prior to dismissal.

A student on progress probation who completes more than 50% of all units attempted for the semester, but whose cumulative grade point average still results in academic probation, shall have their probation extended an additional semester prior to dismissal.

Dismissal Letter

Notification of dismissal shall be communicated to the student within two weeks of the end of the fall and spring semesters.

The communication notifying a student that they are subject to dismissal will cover, at a minimum, reference to this procedure, explanation of what dismissal means, procedure for reinstatement, and the procedure to appeal the dismissal.

Dismissal does not apply to summer session.

Appeal of Dismissal

The student has the right to appeal a proposed dismissal action if the student has experienced circumstances that warrant an exception to the dismissal action. The student must file the written petition of appeal to Admissions and Records within 30 days

of notification. If the student fails to file a written petition within the allowed timeframe, the student waives all future rights to appeal the dismissal action. It is the student's responsibility to indicate on the petition a clear statement of the grounds on which continued enrollment should be granted and to provide evidence/documentation supporting the reasons. Petitions will be reviewed by Academic Review Committee.

The student will be continued on probation until the Academic Review Committee decides on the student's appeal.

The decision of the Academic Review Committee will be communicated to the student in writing by the Director of Admissions and Records. The Director of Admissions and Records will notify the student of the committee's action within five days of receipt of the committee decision. The student may appeal the decision of the Academic Review Committee in writing to the Superintendent/President or designee, within ten working days of the date of notification of the decision of the Academic Review
Committee. The decision of the Superintendent/President or designee is final.

If the dismissal appeal is granted, the student will be continued on probation for an additional semester. At the end of the additional semester, the student's academic record will again be evaluated to determine whether the student may be removed from probation, should be dismissed, or should be continued on probation.

Students that choose to sit out a semester, rather than appeal dismissal, must complete the Readmission After Dismissal process prior to enrollment in a future semester.

Fall Dismissals

Special circumstances exist for dismissals after the Fall semester due to the fact that students traditionally enroll before Fall grades are available. Subject to dismissal letters will be sent no later than the second week in January informing students they will be permitted to continue on probation and their dismissal status will be reevaluated at the end of the Spring semester.
Procedure for Fall Dismissal Appeals

Appeals for students subject to dismissal as a result of the fall grades must be filed following notification during the Spring semester. The following conditions apply:

Students who are enrolled in the Spring semester will not be required to file an appeal but will be allowed to continue on probation and have their dismissal status reevaluated at the end of the Spring semester.

Students who have not enrolled in the Spring semester will be dismissed unless an appeal is granted in accordance with procedures set above.

Standards for Evaluating Appeals

Dismissal appeals may be granted under the following circumstances:

If the dismissal determination is based on the academic record for one semester in which the record does not reflect the student's usual level of performance due to accident, illness, or other circumstance beyond their control. Documentation

of the extenuating circumstance must be submitted with the appeal.

The student enrolls in a corrective program designed to assist them in improving academic skills, such as obtaining academic counseling, or limiting course load.
There is evidence of significant improvement in academic achievement.

Readmission after Dismissal for a Semester

Students that have not attended since their dismissal, must complete the following readmission process prior to enrollment.
After receiving a recommendation for readmission from a counselor, the Academic Review Committee will consider whether or not students may be readmitted after a dismissal and one semester absence, the following criteria will be considered:

Documented extenuating circumstances.

Improved GPA as a result of grade changes, fulfillment of incomplete courses, repeated coursework, or academic renewal.

Marked improvement between the semesters on which disqualification was based.

Formal or informal educational experiences since completion of semesters on which disqualification was based.

References: Title 5Sections 55033 and 55034

Prerequisites, co-requisites, advisories, and limitations are necessary to ensure that students succeed in their coursework and have access to the courses they require. It is important to have prerequisites in place where they are a vital factor in maintaining academic standards. It is also necessary to ensure that prerequisites, co-requisites, advisories, and limitations do not constitute unjustifiable obstacles to student access and success. Therefore, to foster the appropriate balance between these two concerns, the Education Code requires that prerequisites, co-requisites, advisories, and limitations be established based solely on content review or content review with statistical validation.

1. Information in the Catalog and Schedule of Courses.

The college shall provide the following explanations both in the college catalog and in the schedule of courses:

1. Definitions of prerequisites, co-requisites, and limitations on enrollment including the differences among them and the specific prerequisites, co-requisites, and limitations on enrollment that have been established.
2. Procedures for a student to challenge prerequisites, co-requisites, and limitations on enrollment and circumstances under which a student is encouraged to make such a challenge. The information about challenges must include, at a minimum, the specific process including any deadlines, the various types of challenge that are established in law, and any additional types of challenge permitted by the college.
3. Definitions of advisories on recommended preparation, the right of a student to choose to take a course without meeting the advisory, and circumstances under which a student is encouraged to exercise that right.
4. Definitions of contract course, co-requisite, noncredit basic skills course, non-degree-applicable basic skills courses, prerequisite and satisfactory grade.

Challenge Process

1. Any student who does not meet a prerequisite or co-requisite or who is not permitted to enroll due to a limitation on enrollment but who provides satisfactory evidence by completing the Prerequisite Challenge process with Admissions and Records may seek entry into the course as follows:
2. If space is available in a course when a student files a challenge to the prerequisite or co-requisite, the District shall reserve a seat for the student and resolve the challenge within five (5) working days. If the challenge is

upheld or the District fails to resolve the challenge within the five (5) working-day period, the student shall be allowed to enroll in the course.

1. If no space is available in the course when a challenge is filed, the challenge shall be resolved prior to the beginning of registration for the next term and, if the challenge is upheld, the student shall be permitted to enroll if space is available when the students registers for that subsequent term.
2. Grounds for challenge shall include the following:
3. Those grounds for challenge specified in Title 5 Section 55003 subdivision (p). Challenge must be filed no later than the first day of instruction.
4. The student seeks to enroll and has not been allowed to enroll due to a limitation on enrollment established for a course that involves intercollegiate competition or public performance, or one or more of the courses for which enrollment has been limited to a cohort of students. The student shall be allowed to enroll in such a course if otherwise they would be delayed by a semester or more in attaining the degree or certificate specified in their educational plan.
5. The student seeks to enroll in a course that has a prerequisite established to protect health and safety, and the student demonstrates that they do not pose a threat to themself or others.
6. The student has the obligation to provide satisfactory evidence that the challenge should be upheld. However, where facts essential to a determination of whether the student's challenge should be upheld are or ought to be in the college's own records, then the college has the obligation to produce that information.
7. Curriculum Review Process The curriculum review process shall at a minimum be in accordance with all of the following:
8. Establish a curriculum committee and its membership in a manner that is mutually agreeable to the college administration and the academic senate.
9. Establish prerequisites, co-requisites, and advisories on recommended preparation (advisories) only upon the recommendation of the academic senate except that the academic senate may delegate this task to the curriculum committee without forfeiting its rights or responsibilities under Title 5 Sections 53200-53204 and within the limits set forth in Title 5 Section 55003. Certain limitations on enrollment must be established in the same manner.
10. Establish prerequisites, co-requisites, advisories on recommended preparation, and limitations on enrollment only if:
11. The faculty in the discipline or, if the college has no faculty member in the discipline, the faculty in the department do all of the following:
12. Approve the course; and,
13. As a separate action, approve any prerequisite or co-requisite, only if:
14. The prerequisite or co-requisite is an appropriate and rational measure of a student's readiness to enter the course or program as demonstrated by a content review including, at a minimum, all of the following:
15. involvement of faculty with appropriate expertise;
16. consideration of course objectives set by relevant department(s). The curriculum review process should be done in a manner that is in accordance with

accreditation standards.

1. be based on a detailed course syllabus and outline of record, tests, related instructional materials, course format, type and number of examinations, and grading criteria;
2. specification of the body of knowledge and/or skills which are deemed necessary at entry and/or concurrent with enrollment;
3. identification and review of the prerequisite or co-requisite which develops the body of knowledge and/or measures skills identified under iv.
4. matching of the knowledge and skills in the targeted course (identified under iv.) and those developed or measured by the prerequisite or co-requisite (i.e., the course or assessment identified under v.); and
5. maintain documentation that the above steps were taken.
6. Approve any limitation on enrollment that is being established for an honors course or section, for a course that includes intercollegiate competition or public performance, or so that a cohort of students will be enrolled in two or more courses, and, in a separate action, specify which.
7. Approve that the course meets the academic standards required for degree applicable courses, non-degree applicable courses, non-credit courses, or community service respectively.
8. Review the course outline to determine if a student would be highly unlikely to receive a satisfactory grade unless the student had knowledge or skills not taught in the course. If the student would need knowledge or skills not taught in the course itself, then the course may be approved for degree applicable credit only if all requirements for establishing the appropriate prerequisite have been met excepting only approval by the curriculum committee.
9. Review the course outline to determine whether receiving a satisfactory grade is dependent on skills in communication or computation. If receiving a satisfactory grade is sufficiently dependent on such skills, then the course may be approved for degree applicable credit only if all requirements have been met for establishing a prerequisite or co-requisite of not less than eligibility for enrollment to a degree-applicable course in English or mathematics, respectively.
10. A course which should have a prerequisite or co-requisite as provided in (e) or (f) but for which one or more of the requirements for establishing a prerequisite have not been met may only:
11. Be reviewed and approved pursuant to the standards for non-degree applicable credit, non-credit, or community service; or
12. Be revised and reviewed as required to meet the criteria for establishing the necessary prerequisites or co-requisites.
13. The curriculum committee also reviews the course and prerequisite in a manner that meets each of the requirements specified above.
14. If the District chooses to use content review as defined in Title 5 section 55000 subdivision (f) to define prerequisites and co-requisites in reading, written expression, or mathematics for courses that are degree applicable and are not in a sequence, it must adopt a plan consistent with Title 5

section 55003 subdivision (c).

1. Program Review. As a regular part of the program review process or at least every six years, except that the prerequisites and co-requisites for vocational courses or programs shall be reviewed every two years, the college shall review each prerequisite, co-requisite, or advisory to establish that each is still supported by the faculty in the discipline or department and by the curriculum committee and is still in compliance with all other provisions of this procedure and with the law. Any prerequisite or co-requisite that is still supported shall be reviewed promptly thereafter to assure that it is in compliance with all other provisions of this procedure, the related policy and the law.
2. Implementing Prerequisites, Co-requisites, and Limitations on Enrollment. Implementation of prerequisites, co- requisites, and limitations on enrollment must be done in a consistent manner and not left exclusively to the classroom instructor. Every attempt shall be made to enforce all conditions a student must meet to be enrolled in the course through the registration process so that a student is not permitted to enroll unless they have met all the conditions or has met all except those for which they have a pending challenge or for which further information is needed before final determination is possible of whether the student has met the condition.
3. Instructor's Formal Agreement to Teach the Course as Described. Each college shall establish a procedure so that courses for which prerequisites or co-requisites are established will be taught in accordance with the course outline, particularly those aspects of the course outline that are the basis for justifying the establishment of the prerequisite or co-requisite. The process shall be established by consulting collegially with the local academic senate and, if appropriate, the local bargaining unit.

Review of Individual Courses

If the student's enrollment in a course or program is to be contingent on their having met the proposed prerequisite(s) or co- requisite(s), then such a prerequisite or co-requisite must be established as follows. If enrollment is not blocked, then what is being established is not a prerequisite or co-requisite but, rather, an advisory on recommended preparation and must be identified as such in the schedule and catalog. Establishing advisories does not require all the following steps.

1. Advisories on Recommended Preparation

The college may recommend that a student meet a standard of readiness at entry only if recommended by the faculty in the discipline or department and by the curriculum committee as provided in above. This process is required whether the college used to describe such recommendations in its catalog or schedule as "prerequisites," or "recommended," or by any other term.

1. Limitations on Enrollment

The types of limitation on enrollment specified below may only be established through the curriculum review process by the discipline or department faculty and the curriculum committee specified above including the requirement to review them again at least every six years; for example, as part of program review. The following requirements must also be met in order to establish these particular limitations on enrollment.

1. Performance Courses. The college may establish audition or try-out as a limitation on enrollment for courses that include public performance or intercollegiate competition such as but not limited to band, orchestra, theater, competitive speech, chorus, journalism, dance, and intercollegiate athletics provided that:
2. For any certificate or associate degree requirement which can be met by taking this course, there is another course or courses which satisfy the same requirement; and
3. The college includes in the course outline of record a list of each certificate or associate degree requirement that the course meets and of the other course or courses which meet the same requirement.

Limitations on enrollment established as provided for performance courses shall be reviewed during program review or at least every six years to determine whether the audition or try-out process is having a disproportionate impact on any historically under-represented group and, if so, a plan shall be adopted to seek to remedy the disproportionate impact. If disproportionate impact has been found, the limitation on enrollment may not be printed in subsequent catalogs or schedules nor enforced in any subsequent term until such a plan has been endorsed by the department and the college administration and put into effect.

Blocks of Courses or Sections

Blocks of courses or blocks of sections of courses are two or more courses or sections for which enrollment is limited in order to create a cohort of students. Such a limitation on enrollment may be established if, in addition to review by the faculty in the discipline or department and by the curriculum committee as provided above, there is another section or another course or courses that satisfy the same requirement. If the cohort is created through limitations on enrollment in the courses rather than limitations on specific sections of courses, then the college must include in the course outline of record a list of each certificate or associate degree requirement that the course meets and of the other course or courses which satisfy the same associate degree or certificate requirement.

References: Title 5 Sections 55000 et seq.

The District may conduct field trips and excursions in connection with courses of instruction or college-related social, educational, cultural, athletic or musical activities to and from places in California, or any other state, the District of Columbia, or a foreign country for students.

Faculty or staff will follow the procedures listed below when facilitating a field trip or excursion for students. These procedures will be completed and documents will be submitted to the Instruction Office for approval seventy-two (72) hours prior to the date of the field trip or excursion:

Fill out appropriate travel documentation for employees as described in Administrative Procedures 7400.1, 7400.2 and
7400.3 and in the Travel Manual available on the Fiscal Services One Drive.

Collect completed field trip excursion forms for all students, available in the travel documents folder in the Fiscal
Services One Drive. Separate forms are required for adult and minor students. Students are not allowed to participate in the trip without a received field trip excursion form.

As described in Administrative Procedure 7400.3 listed above, all drivers being reimbursed by the District for mileage must complete a Department of Motor Vehicles Record Check.

The District shall engage instructors, supervisors, and other personnel as may be necessary for such excursions or field trips who desire to contribute their services over and above the normal period for which they are employed by the District.

The District shall, at the discretion of the Vice President of Administrative Services transport students, instructors, supervisors or other personnel by use of District equipment, contract to provide transportation, or arrange transportation by the use of other equipment.

When District equipment is used, the District shall obtain liability insurance, and if travel is to and from a foreign country, the liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country.

The District may pay expenses of instructors, chaperones and other personnel participating in a field trip or excursion. Payment shall be by way of itemized reimbursement in a form prescribed by the Vice President of Administrative Services. 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.

No student shall be prevented from making a field trip or excursion which is integral to the completion of the course because of lack of sufficient funds. The District shall coordinate efforts of community services groups to provide funds for students in need of them.

All persons making a field trip or excursion shall be deemed to have waived all claims against the District for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking such trips and all parents or guardians of minor students shall sign a statement waiving such claims.

References: Government Code Section 11139.8; Title 5 Section 55220

Under the direction of the Vice President of Student Services, the Director of Enrollment Services has the designated authority and responsibility for District admission procedures. The Superintendent/President, or designee, makes final admission determinations. Current admission procedures are published in the most recent version of the college catalog and on the college website.

Admission

All prospective students are required to complete a paper or online application for admission. Students who applied but never attended or are returning to the college after an absence of two or more semesters, must submit a new application for admission.

All information provided by the applicant on the application for admission must be true and accurate as required by law. A student who knowingly falsifies any information required on the application for admission, or other college documents, is subject to disciplinary action.

A person eligible for admission is anyone who meets one of the following:

Has graduated from high school, including students who have received high school certificates of completion (or equivalent) but did not pass the California High School Exit Exam.

Has passed the California High School Proficiency or the GED test.

Is a non-high school graduate 18 years of age or older, who is no longer attending high school and is able to benefit from instruction.

Is a non-high school graduate under 18 years of age who has been released from compulsory attendance by their high school governing board.

Is a K-12 student currently enrolled in 9th-12th grade and has met all conditions set forth in Administrative Procedure
5011.1 or 5011.2.

Is a student enrolled in an adult education program administered by a school district or noncredit program administered by a community college and is pursuing a high school diploma or high school equivalency certificate and receives a recommendation from the adult school administrator or noncredit program of attendance.

Is an apprentice as defined in Labor Code Section 3077.

Is an international student who has completed admission procedures for international students as set forth in Administrative Procedure 5012.1. The Vice President of Student Services shall be responsible for evaluating the validity of a student’s high school completion if the college or the United States Department of Education has reason to believe that the high school diploma is not valid or was not obtained from an entity that provides secondary school education.

The Vice President of Student Services shall be responsible for evaluating the validity of a student's high school completion if the college or the United States Department of Education has reason to believe that the high school diploma is not valid or was not obtained from an entity that provides secondary school education.

Residency Determination:

Admission of each student includes the determination of California State residency as outlined in Administrative Procedure
5015.1

Students determined to be California residents are charged the California State Enrollment Fee as set by the California
Community College Chancellor's office. All other fees apply.

Students determined to be non-residents are charged the non-resident tuition fee in addition to the resident enrollment fee.

Specialized Programs

Admission to specialized programs (i.e., Fine Woodworking, Physical Therapy Assistant, and Registered Nursing programs) may require the completion of a program admission application and other admission requirements. Current program admission requirements are published by the respective programs and made available in the college catalog and on the college website.
The Admission criteria, process and application for specialized programs are valid for the current application cycle only.

References: Education Code Section 76000; 34 Code of Federal Regulations 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

In general, non-high school graduates under the age of 18 may be admitted under the conditions described in this document.

High school students admitted under a College and Career Access Program (CCAP) agreement will follow the conditions described in Administrative Procedure 5011.2.

Special Part-Time Student:

To be considered for admittance as a special part-time student, the student must meet the eligibility standards as established in Education Code, Sections 48800 and 76001. Admission is subject to seat availability. The student must:

Submit the District application for admission. Students returning to Mendocino College after an absence of more than one semester, must re-submit an application for admission to meet California residency requirements;

Be currently enrolled in grades 9-12 at a public or private high school in California; Departments may have additional grade level or age requirements for specific courses based on criteria related to safety or controversial content beyond the normal community college course;

Submit the Special Admission Application which contains the written and signed parental or guardian consent;

Submit the Special Admission Application which contains course recommendations and the written and signed approval of the high school principal or designee. A parent or guardian of a pupil who is not enrolled in a public or private school may petition directly with the signature of a principal;

Meet the academic prerequisite for the class; including the required placement level for any Math, Reading or English class;

Agree to abide by all rules and regulations governing regular college students;

Fulfill the minimum day requirement at the high school. For home-schooled students, the parent must verify the proposed college coursework will not interfere with the student s basic high school coursework;

Submit a grade equivalency certification, documenting the grade level the student has achieved, if the student is attending a home school;

Present a copy of the affidavit submitted to the State or County Office of Education to document the student s involvement in an educational process, if the student is attending a home school.

All required documents shall be submitted to the Director of Admissions and Records or designee.

The Director of Admissions and Records or designee will review the materials, and will determine if the student has met the criteria to be admitted and concurrently enrolled including consideration of local, state and federal laws. This determination may be done by:

A review of the materials submitted by the student;

Consideration of local, state and/or federal laws.

Specially admitted part-time students are limited to enrollment in 11.0 units per semester.

Enrollment fees are waived for specially admitted part time students. Students are responsible for all other applicable fees.

Special Full-Time Student:

To be considered for admittance as a special full-time student, the student must meet the eligibility standards as established in Education Code Section 48800.05. The student must:

Submit the District application for admission. Students returning to Mendocino College after an absence of more than one semester, must re-submit and application for admission to meet California residency requirements;

Submit a completed Special Full-Time Admission packet which contains the written and signed parental or guardian consent;

Have completed the 10th grade as evidenced by tests, transcripts, or an official evaluation by the school district with jurisdiction over the student; Departments may have additional grade level or age requirements for specific courses based on criteria related to safety or controversial content beyond the normal community college course;

Completed at least 2 semesters of college coursework prior to the application for special full-time admission status.
There is not a specified minimum in terms of number of units completed, but all units must have been completed successfully (grade of 'C' or better);

Submit authorization from the governing board of the student's school district to allow admission under the special full- time status. The authorization must appear on the governing board's letterhead with appropriate signature. If the student's former school does not have a governing board, an official assessment of the private school or home school representative, such as the principal, is required;

Submit a statement from the high school administration in support of the student's social readiness for the adult environment experienced in college and his/her academic readiness and ability to benefit from advanced scholastic or

vocational coursework;

Complete Mendocino College placement processes;

Submit all official transcripts for evaluation of prior coursework;

Complete a counseling session with a Mendocino College counselor resulting in the declaration of an educational goal and development of an education plan to support the declared goal. The education plan must be submitted with the special full-time admission packet;

Complete an interview with the Special Full-Time Admission Committee.

The Vice President of Student Services and Director of Admissions and Records have the authority to make the final decision whether a student can enroll as a full-time student.

Students approved for special full-time enrollment must pay all fees assessed, including the enrollment fee, non-resident tuition, material fees, and semester fees as applicable.

Summer Session Enrollment:

To be considered for admittance as a special summer session student, the student must meet the eligibility standards as established in Education Code Section 76001. Admission is subject to seat availability. The student must:

Submit the District application for admission. Students returning to Mendocino College after an absence of more than one semester, must re-submit an application for admission to meet California residency requirements;

Be currently enrolled in grades 9-12 at a public or private high school in California; Departments may have additional grade level or age requirements for specific courses based on criteria related to safety or controversial content beyond the normal community college course;

Submit the Special Admission Application which contains written and signed parental or guardian consent;

Submit the Special Admission Application which contains: Course recommendations;

Verification the student has exhausted all opportunities to enroll in an equivalent course, if any, at his/her school of attendance;

Verification the recommendation of the student will not result in recommendations for more than 5% of the total students who completed that grade immediately prior to the time of recommendation;

Written and signed approval of the high school principal or designee.

Meet the academic prerequisite for the class; including the required placement level for any Math, Reading or English class;

Agree to abide by all rules and regulations governing regular college students;

Submit a grade equivalency certification, documenting the grade level the student has achieved, if the student is attending a home school;

Present a copy of the affidavit submitted to the State or County Office of Education to document the student's involvement in an educational process, if the student is attending a home school.

Non-Resident Tuition Waiver:

Effective January 1, 2017, non-resident tuition shall be waived for specially admitted part-time students who would qualify for AB
540, nonresident tuition exemption, at the time of graduation from high school.

Students must submit a completed Special Admission Nonresident Tuition Exemption Request prior to enrollment to qualify for this waiver.

Special full-time students are ineligible for this waiver.

The District shall claim apportionment for students with an approved nonresident tuition waiver.

College Credit:

Special admission students who complete Mendocino-Lake Community College District classes will be awarded college credit.

Family Education Rights & Privacy Act of 1974 (FERPA):

All education records are governed by the Family Education Rights and Privacy Act. Mendocino-Lake Community College
District academic information (i.e. class schedules, grades, transcripts) is not released to parents or third parties without the written consent of the student, unless in special circumstances authorized by FERPA. Upon consent by the student, academic information will be released only to the authorized third party identified by the student. The authorized part may be required to provide identification. This applies to all students attending Mendocino-Lake Community College District and includes students under 18 years of age.

Open Classes:

Courses in which high school and other young students are permitted to enroll will be open to the entire college population, and will be taught with the rigor appropriate to college-level courses in accordance with the approved course outline.

Denied Enrollment for Gifted Students:

If a request for special part-time or full-time enrollment is denied for a pupil who has been identified as highly gifted, the Board shall provide written findings and reasons for the denial within 60 days. A recommendation regarding the request for admission, and the denial shall be submitted to the Board at a regularly scheduled meeting that falls at least 30 days after the request for admission has been submitted.

References: Education Code Sections 48800, 48800.5, 76001, 76002, and 76004

The governing board has adopted all the legal requirements of Education Code Section 76004 in order to participate in the College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.

The District may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement.

The CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership, and shall:

Outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses.

Establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses.

Identify a point of contact for the participating community college district and school district partner.

Certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Education Code Section 87010 or any controlled substance offense as defined in Education Code Section 87011.

Certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high

school campus.

Certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.

Include a certification by the participating community college district of all of the following: A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus;

A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership; and

Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Education Code Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.

Certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.

Specify both of the following: Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education; and

Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
Certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the student’s junior or senior year to ensure the student is prepared for college-level work upon graduation.

A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils or any other course opportunities that do not assist in the attainment of at least one of the following goals:

Developing seamless pathways from high school to community college for career technical education or preparation for transfer

Improving high school graduation rates; or

Helping high school pupils achieve college and career readiness.

The District will not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership.

A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Education Code Section 49011.

The District may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Education Code Section 11300 and consistent with middle college high school provisions in Education Code Section 76001.

The District may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement.

The District may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied:

The units constitute no more that four community college courses per term;

The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article; and

The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or certificate or credential.

The governing board of the District exempts special part-time students from the following fee requirements:

Student representation fee (Education Code Section 76060.5)

Nonresident tuition fee and corresponding permissible capital outlay fee and/or processing fee (Education Code Section
76140)

Transcript fees (Education Code Section 76223)

Course enrollment fees (Education Code Section 76300)

Apprenticeship course fees (Education Code Section 76350)

Child development center fees (Education Code Section 79121)

The District shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment.

The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Education
Code Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity.

For each CCAP partnership agreement entered into pursuant to this section, the district shall report annually to the office of the Chancellor of the California Community Colleges, the Legislature, the Director of Finance, and the Superintendent all of the following information:

The total number of high school pupils by school site enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.

The total number of community college courses by course category and type and by school site enrolled in by CCAP partnership participants.

The total number and percentage of successful course completions, by course category and type and by school site, of CCAP partnership participants.
The total number of full-time equivalent students generated by CCAP partnership community college district participants.

To be considered for admission, an International student must:

Submit an International Student application and pay the designated fee;

Submit complete high school graduation transcripts equivalent to an accredited U.S. high school;

Submit a statement of support from a financial sponsor accompanied by a certified letter from the sponsor s bank, verifying in U.S. dollars sufficient funds to meet all the student s educational and financial needs;

All applicants whose native tongue is not English must meet the current designated score on the Test of English as a Foreign Language (TOEFL) or other standardized proficiency test before being admitted to an academic/undergraduate degree program;

Purchase the approved Mendocino College International student medical insurance.

Upon admission, the International student is issued the SEVIS I-20 and is required to adhere to all federal regulations regarding their immigration status. The Office of Admissions and Records will report required events into the SEVIS program as mandated by United States Citizenship and Immigration Service.

Prior to registration, all International students must submit a completed Health Clearance Form indicating negative tuberculosis
(TB) test results, a valid passport, F-1 Visa, and I-94.

In addition to the nonresident tuition fee applicable to noncitizens who have not, or cannot, establish residence, the college may elect to impose a nonresident fee in an amount not to exceed the amount expended by the District for capital outlay in the preceding fiscal year divided by the total full-time equivalent students. This fee cannot exceed 50 percent of the nonresident tuition charged other nonresidents.

References: Education Code, Sections 76141 and 76142;

Title 5, Section 54045; Title 8 U.S.C., Section 1101 et seq.

Residence Classification:

Residency classifications shall be determined for each student at the time of admission and whenever a student has not been in attendance for more than one semester. Residence classifications are to be made in accordance with the following provisions:

A residence determination date is that day immediately preceding the opening day of instruction for any semester including summer session, which the student proposes to attend. Enrollments in late starting classes within a semester or session are subject to this uniform residence determination date.

Residence classification is the responsibility of the Director of Admissions and Records or designee.

Students must be notified of residence determination within 14 calendar days of submission of the District application for admission.
A student seeking to enroll exclusively in career development and college preparation courses, and other courses for which no credit is given, shall not be subject to this residency classification requirement.

The District shall publish the residence determination date and summary of the rules and regulations governing residence determination and classification in the District catalog or addenda thereto.

Rules Determining Residence:

A student who has resided in the state for more than one year immediately preceding the residence determination date, and has demonstrated intent to make California a permanent home will be determined a resident.

A student who has not resided in the state for more than one year immediately preceding the residence determination date, is a non-resident.

The residence of each student enrolled in or applying for enrollment in any class or classes maintained by this District shall be determined in accordance with the Education Code which states that every person has, in law, a residence. In determining the

place of residence, the following rules are to be observed:

Every person who is married or eighteen years of age, or older, and under no legal disability to do so, may establish residence.

A person may have only one residence.

A residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which one returns in seasons of repose.

A residence cannot be lost until another is gained.

The residence can be changed only by the union of act and intent.

A man or a woman may establish his/her residence. A person's residence shall not be derivative from that of their spouse.

The residence of the parent with whom an unmarried minor child maintains their place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor's residence is that of the parent with whom the last place of abode was maintained, provided the minor may establish their residence when both parents are deceased and a legal guardian has not been appointed.

The residence of an unmarried minor who has a parent living cannot be changed by the minor's own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control.

Determination of Resident Status:

A resident is a student who has been a bona fide resident of the state for one year prior to the residence determination date. A bona fide resident is a person whose residence is in California as determined above except:

A student who is a minor and remains in this state after the parent, who was previously domiciled in California and has established residence elsewhere, shall be entitled to retain resident classification until attaining the age of majority and has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution.

A student who is a minor and who provides evidence of being entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date with the intention of acquiring a residence therein, shall be entitled resident classification until they have resided in the state the minimum time necessary to become a resident.

A student who has not been an adult for one year immediately preceding the residence determination date for the semester for which the student proposes to attend an institution shall have the immediate pre-majority-derived California residence, if any, added to the post-majority residence to obtain the one year of California residence.

A student holding a valid credential authorizing service in the public schools of this state, who is employed by a school district in a full-time position requiring certification qualifications for the college year in which the student enrolls in an institution, shall be entitled to resident classification if each student meets any of the following requirements:

They hold a provisional credential and is enrolled in courses necessary to obtain another type of credential authorizing service in the public schools.

They hold a credential issued pursuant to Education Code Section 44250 and is enrolled in courses necessary to fulfill credential requirements.

They are enrolled in courses necessary to fulfill the requirements for a fifth year of education prescribed by subdivision (b) of Education Code Section 44259.

A student holding a valid emergency permit authorizing service in the public schools of this state, who is employed by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls at an institution in courses necessary to fulfill teacher credential requirements, is entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than one year. Thereafter, the student's residency status will be determined under the other provisions of this procedure.

A student who is a full-time employee of the California State University, the University of California or a community college, or of any state agency or a student who is a child or spouse of a full-time employee of the California State
University, the University of California or a community college, or of any state agency may be entitled to resident classification, until the student has resided in the state the minimum time necessary to become a resident.

A student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty and is attendance at, or has been admitted to the District shall be entitled to resident classification. If the member of the armed forces of the United States later transfers on military orders to a place outside this state, or retires as an active member of the armed forces of the United States, the student dependent shall not lose their resident classification, so long as they remain continuously enrolled in the District.

A student who is a member of the armed forces of the United States stationed in this state on active duty, except a member of the Armed Forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification only for the purpose of determining the amount of tuition and fees. If the student later transfers on military orders to a place outside this state, the student shall not lose their resident classification, so long as they remain continuously enrolled in the District.

A veteran who was discharged or released from at least 90 days of active service less than three years before the date of enrollment in a course commencing on or after July 1, 2015, and their dependents, regardless of the veteran's state of residence is entitled to resident classification.

An individual who is the child or spouse of a person who, on or after September 11, 2001, died in the line of duty while serving on active duty as a member of the Armed Forces who resides in California.

An individual who is entitled to transferred Post-9/11 GI Bill program benefits by virtue of their relationship to a member of the uniformed services who is serving on active duty.

A student who is a minor and resides with their parent in a district or territory not in a district shall be entitled to resident classification, provided that the parent has been domiciled in California for more than one year prior to the residence determination date for the semester, quarter or term for which the student proposes to attend.

A student who is a Native American is entitled to resident classification for attendance at a community college if the student is also attending a school administered by the Bureau of Indian Affairs located within the community college district.

A student who is a federal civil service employee and their natural or adopted dependent children are entitled to resident classification if the parent has moved to this state as a result of a military mission realignment action that involves the relocation of at least 100 employees. This classification shall continue until the student is entitled to be classified as a

resident, so long as the student continuously attends an institution of public higher education.

A student who resides in California and is 19 years of age or under at the time of enrollment, who is currently a dependent or ward of the state through California's child welfare system, or was served by California's child welfare system and is no longer being served either due to emancipation or aging out of the system, may be entitled to resident classification until they have resided in the state the minimum time necessary to become a resident.

A student who lives with a parent who earns a livelihood primarily by performing agricultural labor for hire in California and other states, and the parent has performed such labor in this state for at least two months per year in each of the two preceding years, and the parent resides in this District and the parent of the student has claimed the student as a dependent on his state or federal personal income tax return if they have sufficient income to have personal income tax liability shall be entitled to resident classification.

A student who demonstrates financial need, has a parent who has been deported or was permitted to depart voluntarily, moved abroad as a result of that deportation or voluntary departure, lived in California immediately before moving abroad, attended a public or private secondary school in the state for three or more years, and upon enrollment, will be in their first academic year as a matriculated student in California public higher education, will be living in California, and will file an affidavit with the District stating that they intend to establish residency in California as soon as possible.

A student who has a special immigrant visa that has been granted status under Section 1244 of Public Law 110-181 or under Public Law 109-163, or is a refugee admitted to the United States under Section 1157 of Title 8 of the United
States Code, and who, upon entering the United States, settled in California, shall be exempt from paying the nonresident tuition fee required by Education Code Section 76140 for the length of time they live in this state up to the minimum time necessary to become a resident.

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.
Right To Appeal

Students who have been classified as non-residents have the right to a review of their classification (Title 5 Section 54010 subdivision (a)). Any student, following a final decision of residence classification by the Director of Admissions and Records, may make written appeal to the appropriate Vice President or designee within 30 calendar days of notification of final decision by the college regarding classification.

Appeal Procedure

The appeal is to be submitted to Director of Admissions and Records who must forward it to the appropriate Vice President or designee within five working days of receipt. Copies of the original application for admission, the residency questionnaire, and evidence or documentation provided by the student, with a cover statement indicating upon what basis the residence classification decision was made, must be forwarded with the appeal.

The appropriate Vice President or designee shall review all the records and have the right to request additional information from either the student or the Office of Admissions and Records.

Within 30 calendar days of receipt, the appropriate Vice President or designee shall send a written determination to the student.
The determination shall state specific facts on which the appeal decision was made.

Reclassification

A student previously classified as a non-resident may be reclassified as of any residence determination date. A residence determination date is that day immediately preceding the opening day of instruction for any session during which the student proposes to attend.

Petitions are to be submitted to the Office of Admissions and Records.

Petitions must be submitted prior to the session for which reclassification is to be effective. Extenuating circumstances may be considered in cases where a student failed to petition for reclassification prior to the residency determination date. In no case, however, may a student receive a non-resident tuition refund after the date of the first census of a session.

Written documentation may be required of the student in support of the reclassification request. The student bears the burden to demonstrate clearly all requirements for reclassification have been satisfied.

A questionnaire to determine financial independence must be submitted with the petition for reclassification. Determination of financial independence is not required for students who were classified as non-residents by the University of California, the
California State University, or another community college District (Education Code Section 68044).

A student shall be considered financially independent for purposes of residence reclassification if the applicant meets all of the following requirements:

Has not and will not be claimed as an exemption for state and federal tax purposes by their parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the year the reclassification application is made;

Has not and will not receive more than seven-hundred fifty dollars ($750) per year in financial assistance from their parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification; and Has not lived and will not live for more than six weeks in the home of their parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.

A student who has established financial independence may be reclassified as a resident if the student has met the requirements of Title 5 Sections 54020, 54022, and 54024.

Failure to satisfy all of the financial independence criteria listed above does not necessarily result in denial of residence status if the one-year requirement is met and demonstration of intent is sufficiently strong.

Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than financial dependence in the preceding second and third calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student's continuing residence in another state.

The Director of Admissions and Records will make a determination, based on the evidence and notify the student not later than
14 days of receipt of the petition for reclassification.

Students have the right to appeal according to the previously stated procedure.

Non-Citizens

The District will admit any non-citizen who is 18 years of age or a high school graduate.

If non-citizens are undocumented or in the United States with any type of temporary visa, they will be classified as non-residents and charged non-resident tuition unless they meet the exceptions contained below.

If, for at least one year and one day prior to the start of the session in question, a non-citizen has possessed any immigration status that allows them to live permanently in the United States and they meet the California residency requirements, the student can be classified as a resident.

Any students who are U.S. citizens, permanent residents of the U.S., and aliens who are not nonimmigrants (including those who are undocumented), may be exempt from paying nonresident tuition if they meet the following requirements:

Total attendance of, or attainment of credits earned while in California equivalent to three or more years of full-time attendance or attainment of credits at any of the following: (a) California high schools; (b) California high schools established by the State Board of Education; (c) California adult schools established by either a county office of education, unified or high school district, or The Department of Corrections and Rehabilitation; (d) campuses of the
California community colleges; or (e) a combination thereof; or

Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in
California elementary schools, or a combination of California elementary and secondary schools.

Additionally, the following requirements must be met:

graduation from a California high school or attainment of the equivalent thereof; or completed an associate degree from a California Community College; or completed the minimum requirements at a California Community College, or fulfill the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges;

registration or enrollment in a course offered by any college in the District for any term commencing on or after January
1, 2002,

completion of a questionnaire form prescribed by the Chancellor of the California Community Colleges and furnished by the District of enrollment, verifying eligibility for this nonresident tuition exemption; and

in the case of a student without lawful immigration status, the filing of an affidavit that the student has filed an application to legalize their immigration status, or will file an application as soon as they are eligible to do so.

Documents and information obtained in implementing this exemption are confidential.

The initial residency classification will be made at the time the student applies for admission. Students may file residency questionnaire forms through the third week of the semester to request a review of their residency status. Final residency

determination is made by the Director of Admissions and Records or designee. Students may appeal the decision.

References: Education Code Sections 68000 et seq., 68130.5, and 68074-68075.7, and 68086; Title 5 Sections 54000 et seq.; 38 U.S. Code Section 3679

Unless required by federal or state law, the District shall not inquire specifically about a student's citizenship or immigration status or the citizenship or immigration status of a student's parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student's immigration status, such as a green card, voter registration, a passport, or citizenship papers.

Where any law contemplates submission of immigration status or citizenship status information to satisfy the requirements of a special program, the District shall not use that documentation or information for decisions related to admissions or enrollment in courses or degree programs.

The District is not permitted to use immigration status, citizenship status, or national origin information in personal statements outside the application process, other than for legitimate educational interests, including the provision of a service or benefit relating to the student, such as health care, counseling, job placement or financial aid.

If the District learns of a student's immigration status through its application process (including the student's personal statement or answers to personal insight questions), the District shall create policies and procedures to protect such personal identifiable information and retain the information only to the extent it is necessary or required by law. The District shall avoid the disclosure of information that might indicate a student or family's citizenship or immigration status if the disclosure is not authorized by the Family Educational Rights and Privacy Act (FERPA) or state law.

Where permitted by law, the District shall enumerate alternative means to establish residency, age, or other eligibility criteria for enrollment or programs, and those alternative means shall include among them documentation or information that are available to persons regardless of immigration status or citizenship status, and that do not reveal information related to citizenship or immigration status.

Examples of documents that can be used as proof of residency include but are not limited to:

Registering a motor vehicle operated in California;

Obtaining a California driver's license or California identification card;

Filing a resident or nonresident California state income tax return;

Listing a California address on a federal income tax return;

Listing a permanent military address or home of record in California;

A professional or vocational license obtained from a California state licensing agency (e.g., nursing, teaching credentials);

Maintaining active resident memberships in California based professional organizations (e.g., police union, teachers union); and

Maintaining an active bank account at a California bank.

Where a District is permitted by law to request a minor student's parent's residency information in order to determine tuition or aid, the educational institution shall only require documentation or information that is available to persons regardless of immigration status (as noted above). Where residency, age, and other eligibility criteria for purposes of enrollment or any program may be established by alternative documents or information permitted by law or this administrative procedure, the District's procedures and forms shall describe to the applicant, and accommodate, all alternatives specified in law and all alternatives authorized under this administrative procedure.

Specifically, where the District must determine a student's residency for purposes of in-state tuition, the District shall not inquire about a parent/guardian's citizenship or immigration status, and shall enumerate alternative means of establishing a parent/guardian's residency. If the student is considered a minor dependent of a California resident, the college or university shall only require documents to determine whether the parent has resided in California for one year (e.g. vehicle registration, lease agreements, etc.)

References: Education Code Sections 66093, 66093.3, 68076
Title 5 Section 41905

Nonresident tuition will be charged to students who have not established residency in the state of California for a period of one year prior to the first day of the term. In addition to nonresident tuition, nonresident students will be charged the California
Community College Enrollment Fee.

Nonresident Tuition Exemption Request

A student who qualifies for the Nonresident Tuition Exemption Request will be exempt from paying the out-of-state tuition fee and will pay an in-state enrollment fee. The qualifications for the waiver are stated below.

A student, other than non-immigrant aliens under 8 U.S. Code Section 1101(a)(15), who meets all of the following requirements shall be exempt from paying nonresident tuition:

either high school attendance in California for three or more years OR attainment of credits earned in California from a
California high school equivalent to three or more years of fulltime high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or combination of those schools;

graduation from a California high school or attainment of the equivalent thereof;

registration or enrollment in a course offered for any term commencing on or after January 1, 2002;

completion of a questionnaire form prescribed by the California Community College's Chancellor's Office verifying eligibility for this nonresident tuition exemption; and

in the case of a student without lawful immigration status, the filing of an affidavit that the student has filed an application to legalize their immigration status, or will file an application as soon as they are eligible to do so.

Additional Nonresident Tuition Exemptions

1. Any student who meets all of the following requirements:
2. demonstrates financial need;
3. has a parent or guardian who has been deported or was permitted to depart voluntarily;
4. moved abroad as a result of that deportation or voluntary departure;
5. lived in California immediately before moving abroad;
6. attended a public or private secondary school in the state for three or more years; and
7. upon enrollment, will be in their first academic year as a matriculated student in California public higher education, will be living in California, and will file an affidavit with the District stating that they intend to establish residency in California as soon as possible.
8. The District shall exempt from nonresident tuition any non-immigrant aliens granted T or U visa status under title 8 U.S.

Code Section 1101(a)(15)(T)(i) or (ii), or section 1101(a)(15)U)(i) or (ii), respectively, who meet all the following requirements:

1. high school attendance in California for three or more years;
2. graduation from a California high school or attainment of the equivalent thereof;
3. registration or enrollment in a course offered for any term or commencing on or after January 1, 2002; and
4. completion of a questionnaire form prescribed by the State Chancellor's Office verifying eligibility for this non- resident tuition exemption.
5. The District shall exempt from nonresident tuition a special part-time student, other than a non-immigrant alien under 8

U.S. Code Section 1101(15)(a), participating in a College and Career Access Pathways (CCAP) partnership program and enrolled in no more than 15 units per term.

1. A nonresident student who enrolls in a credit English as a Second Language course at the District and who is any of the following
2. A recent immigrant, as defined in 8 U.S. Code Section 1101 (a)(15);
3. A recent refugee, as defined in 8 U.S. Code Section 1101 (a)(42); or
4. A person who has been granted asylum by the United States, as defined in 8 U.S. Code Section 1158.
5. This exemption applies only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year. This exemption applies only to the tuition fee for credit ESL courses.

The nonresident enrollment fee (U.S. Citizen and Non-U.S. Citizen), and exemptions, are published in the college catalog and on the college website.

The nonresident tuition fee shall be set no later than March 1 of each year. The nonresident tuition calculation will reflect the current expense of education calculated according to the California Community Colleges Budget and Accounting Manual. The nonresident tuition calculation will include the expense of education in the preceding fiscal year, reflect fees in contiguous
Districts and will provide for students enrolled in more or less than 15 units per term.

A required notice listing persons exempt from paying nonresident tuition shall be posted on the District's website.

A non-refundable processing fee is charged for international students. This fee is applied to the student's tuition upon registration.

References: Education Code Sections 68075.65, 68130.5 and 76140 et seq.; Title 5 Section 54045.5

5/02/2017, 11/18/2022, 11/17/2023, 3/21/2025
REQUIRED FEES

Enrollment fee (Education Code Section 76300 and 76300.5; Title 5 Sections 58500 and 58509): Each student shall be charged a fee as set forth by the Legislature of the State of California for enrolling in credit courses.
Baccalaureate degree program fees (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, as prescribed by law.
Nonresident tuition (Education Code Sections 76140 and 76140.5): Nonresident students shall be charged nonresident tuition for all units with the following mandatory exceptions:

All nonresident students enrolling in 6 or fewer units; or

A student who is a citizen and resident of a foreign country who demonstrates financial need and this required exemption (Education Code Section 68130.5);

All students, other than nonimmigrant aliens under 8 U.S. Code Section 1101(a)(15), who meet the following requirements: high school attendance in California for three or more years; graduation from a California high school or attainment of the equivalent thereof; registration or enrollment in a course offered for any term commencing on or after January 1, 2002; Filing a California Nonresident Tuition Exemption request form with the District or in the case of students applying for state-based financial aid, by filing a California Dream Act Application (CADAA) with the
California Student Aid Commission verifying eligibility for this non-resident tuition exemption; and In the case of undocumented persons, the filing of an affidavit that the student has filed an application to

Legal References

• ize their immigration status or will file an application as soon as they are eligible to do so.
• A nonresident student who enrolls in a credit English as a Second Language (ESL) course at the district and who
• is any of the following:
• A recent immigrant, as defined in 8 U.S. Code Section 1101(a)(15);
• A recent refugee, as defined in 8 U.S. Code Section 1101(a)(42); or
• A person who has been granted asylum by the United States, as defined in 8 U.S. Code Section 1158.
• This exemption applies only to individuals who, upon entering the United States, settled in California and who have
• resided in California for less than one year. This exemption applies only to the tuition fee for credit ESL courses.
• Student representation (Education Code Section 76060.5; Title 5 Section 54805)
• FEES AUTHORIZED BY LAW
• Non-District physical education facilities (Education Code Section 76395)
• Noncredit courses (Education Code Section 76385)
• Community service courses (Education Code Section 78300)
• Auditing of courses (Education Code Section 76370)
• Instructional materials (Education Code Sections 73365, 81457, and 81458; Title 5 Sections 59400 and 59408)
• Athletic Insurance (Education Code Section 70902 subdivision (b)(9))
• Cross-Enrollment with the California State University (CSU) or University of California (UC) (Education Code Section
• 66753)
• Health (Education Code Section 76355)
• Parking (Education Code Section 76360)
• Transportation (Education Code Sections 76361 and 82305.6)
• Student Center (Education Code Section 76375; Title 5 Section 58510)
• Copies of student records (Education Code Section 76223)
• Dormitory (Education Code Section 81670)
• Child Care (Education Code Sections 79121 et seq. and 66060)
• Nonresident capital outlay (Education Code Section 76141)
• Nonresident application processing (Education Code Section 76142)
• Credit for Prior Learning (Education Code Section 76300; Title 5 Section 55050)
• Use of facilities financed by revenue bonds (Education Code Section 81901 subdivision (b)(3))
• Refund processing (Title 5 Section 58508)
• Telephone registration (Education Code Section 70902 subdivision (a))
• Physical fitness test (Education Code Section 70902 subdivision (b)(9))
• Instructional Tape Lease/Deposit (Education Code Section 70902 subdivision (b)(9))
• Credit Card Use (Education Code Section 70902 subdivision (b)(9))
• International Student Medical Insurance (Education Code Section 70902 subdivision (b)(9))
• PROHIBITED FEES
• Late application (CCCCO Student Fee Handbook)
• Add/drop (CCCCO Student Fee Handbook)
• Mandatory student activities (CCCCO Student Fee Handbook)
• Student identification cards (CCCCO Student Fee Handbook)
• Student body organization (CCCCO Student Fee Handbook)
• Nonresident application (CCCCO Student Fee Handbook)
• For dependents of certain veterans (Education Code Section 66025.3)
• For dependent of certain victims of the September 11, 2001, terrorist attacks (CCCCO Student Fee Handbook)
• For certain recipients of the Medal of Honor and certain children of the recipients of the Medal of Honor (Education Code
• Section 66025.3)
• For surviving spouses and children of a firefighter employed by the federal government whose duty assignment involved
• the performance of firefighting services in California (Education Code Section 68120)
• For students who have been exonerated of a crime through writ of habeas corpus or pardon that meet certain conditions
• (Education Code Section 69000)
• Required or funded services (CCCCO Student Fee Handbook)
• Refundable deposits (CCCCO Student Fee Handbook)
• Distance Education (other than the statutorily authorized enrollment fee) (CCCCO Student Fee Handbook)
• Mandatory mailings (CCCCO Student Fee Handbook)
• Rental of practice rooms (CCCCO Student Fee Handbook)
• Apprenticeship courses (Education Code Section 76350)
• Technology Fee (CCCCO Student Fee Handbook)
• Late payment fee (Title 5 Sections 58502 and 59410)
• Nursing/healing arts student liability insurance (Title 5 Section 55234)
• Cleaning (CCCCO Student Fee Handbook)
• Breakage (CCCCO Student Fee Handbook)
• Test proctoring (CCCCO Student Fee Handbook)
• COLLECTION OF FEES
• Fees are due and payable at the time of enrollment, or thereafter when enacted by the Legislature, following registration by the
• student. Fees may be paid in person, by mail, online or by telephone.
• Prior to the first date of instruction, a student may be dis-enrolled from class(es) for non-payment of enrollment fees, non-
• resident tuition, and other associated fees if all fees are not paid 5 business days after the student registers for classes, unless:
• the District has awarded the student a California College Promise Grant, or
• the District has awarded the student a Pell Grant based upon the receipt of an Institutional Student Information Record
• (ISIR) resulting from the filing of a Free Application for Federal Student Aid (FAFSA).
• WAIVER OF FEES
• Enrollment fees will be waived for students, who at the time of enrollment meet one of the following criteria:
• meet the criteria for the California College Promise Grant (low income or dependents of disabled or deceased veterans
• or National Guard);
• are spouses or children of deceased California resident whose principal duty was law enforcement or fire
• suppression/prevention (non-clerical) and who was killed in the line of duty (Ed Code 68120, 76300i). These students
• must provide documentation and certification to the Admissions and Records Office;
• are dependents of individuals who were California residents, were killed in the September 11, 2001 terrorist attacks, and
• meet the requirements for Cal Grant A. (Ed Code 68121, 76300 J-l) Documentation from the State Victim's
• Compensation Board must be provided to the Admissions and Records Office.
• All fees, with the exception of non-resident tuition and instructional material fees, will be waived for part-time special admission
• students. Part-time special admission students are defined as those students concurrently enrolled in high school grades 9-12
• and 11.0 units or less at Mendocino College.
• The District may waive enrollment fees which are not collected in a previous session where the enrollment fees were not
• collected as a result of the District's error in awarding a California College Promise Grant (formerly known as Board of
• Governors Fee Waiver) to an ineligible student and not through the fault of the student, and to collect the enrollment fee would
• cause the student undue hardship.
• In accordance with Educational Code Section 76355, the following category of students shall be exempt from the Health
• Services fee:
• Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect,
• denomination, or organization.
• Students enrolled in an approved apprenticeship training program.
• Students who are incarcerated.
• REFUNDS
• Enrollment, non-resident tuition, and instructional materials fees paid by a student will be refunded automatically for semester
• length courses dropped within the first two weeks of instruction and within 10 percent of a short-term course. Health and student
• center fees paid by a student will be refunded automatically for full and complete drops which occur on or before the first day of
• the semester for semester length courses or the first day of class for short-term courses. For the purpose of refunds, full-term
• positive attendance courses will be treated as semester length (census) courses and for the purpose of refunds, summer
• session courses will be treated as short-term courses. Refunds will be processed automatically, and will be refunded to the
• credit card used for payment or by a check mailed to the student's address currently on file with the district. It is the
• responsibility of each student to provide the Admissions and Records Office with the address to which their refund check should
• be mailed. Fees collected for classes cancelled by the District will be fully refunded.
• FAILURE TO PAY FINANCIAL OBLIGATIONS
• A registration hold may be placed on a student's account when tuition and student fees are delinquent or there is a failure to
• return any college property or equipment.
• References:
• Education Code Sections 66025.3, 68120, 70902 subdivision (b)(9), 76300, and 76300.5;
• Title 5 Sections 51012, 58520, 58629;
• California Community Colleges Chancellor's Office (CCCCO) Student Fee Handbook;
• ACCJC Accreditation Eligibility Requirement 20

Students may be required to obtain instructional materials required for a credit or non-credit course. Such materials shall be of continuing value to a student outside of the classroom setting and shall not be solely or exclusively available from the District.

Required instructional materials shall not include materials used or designed primarily for administrative purposes, class management, course management, or supervision.

Where instructional materials are available to a student temporarily through a license or access fee, the student shall be provided options at the time of purchase to maintain full access to the instructional materials for varying periods of time ranging from the length of the class up to at least two years. The terms of the license or access fee shall be provided to the student in a clear and understandable manner prior to purchase.

The District will ensure student access to textbooks and supplemental materials that are needed on the first day of class.
The District will strengthen student access to other instructional materials before their required use in any course to minimize financial and administrative burdens to students.

The Office of Instruction, Library, and relevant departments shall support faculty in identifying, evaluating, and implementing instructional material resources that are free to students, with a focus on OER and other ZTC materials.

Instructors are responsible for selecting instructional materials and shall take reasonable steps to minimize the cost and ensure the necessity of instructional materials.
The District will publish these regulations in each college catalog.
Definitions

"Required instructional materials" means any materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which the instructor determines is necessary to achieve the required objectives of a course.

Types of instructional materials:

1. "Instructional materials" means all of the required materials for a course including textbooks, supplemental materials and supplies. Instructional materials do not include materials used or designed primarily for administrative purposes, class management, course management or supervision (final revisions to Title 5, California Code of regulations relating to Burden-Free access to Instructional Materials).
2. "Textbooks" means the educational resources identified in the syllabus for the course (Final Revisions to Title 5, California Code of Regulations relating to Burden-Free access to Instructional Materials).
3. "Supplemental materials" means additional resources that complement the textbook and enhance the learning experience. These can include a variety of materials, such as lab manuals, workbooks, homework systems, required educational software, interactive websites, journal articles, novels and readers (final revisions to Title 5, California Code of Regulations relating to Burden-Free access to Instructional Materials).
4. "Open educational resources" (OER) means high-quality teaching, learning, and research resources that reside in the public domain or have been released pursuant to an intellectual property license that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students.

Open educational resources include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge (California Code, Education Code- EDC

The Vice President of Student Services, or designee, may withhold diplomas and registration privileges from any student or former student who fails to pay a proper financial obligation to the District. The student shall be given written notification and the opportunity to resolve the financial obligation, and/or explain if it is in error.

The definition of proper financial obligation shall include, but is not limited to: student fees; obligations incurred through the use of facilities, equipment or materials; library fines; unreturned library books; materials remaining improperly in the possession of the student; or any other unpaid obligation a student or former student owes to the District. A proper financial obligation does not include any unpaid obligation to a student organization.

References: Title 5 Section 59410

A cumulative record of enrollment, scholarship, and educational progress shall be kept for each student.

Collection and Retention of Student Information

The District shall treat all students equitably in the receipt of all school services, including, but not limited to, the gathering of student and family information for the institution's benefit programs.

The Office of Admissions and Records shall maintain in writing District policies and procedures for gathering and handling sensitive student information, and appropriate personnel shall receive training regarding those policies and procedures.

The District will provide students and families with annual notice, at the beginning of each school year, of institutional policies for student privacy and the abilities of parents or eligible students to inspect student information.

The District will provide students an opportunity to opt out of disclosure of directory information. Notices must describe the following:

The kind of information that the school has identified as directory information;

The eligible student's ability to refuse to let the school designate the information as directory information, which could be disclosed to outside entities;

The period of time in which the eligible student has to notify the school in writing that they do not want the information designated as directory information; and

That opting out by the noted deadline is the students' only way to prevent the release of directory information.

As sensitive information, such as a student's, parent's, or guardian's SSN, any AB 540 determinations, or citizenship status information collected by the District or disclosed by the student, should be maintained only for as long as necessary.

If the District possesses information that could indicate immigration status or citizenship status, the District shall not consider the acquired information in admissions decisions or access to educational courses or degree programs.

Students may elect not to provide immigration or citizenship status information to the institution, and this election shall not impede admissions or enrollment in educational programs.

The District shall not create a list of student names linked with immigration status.

District security shall not inquire into an individual's immigration status for immigration enforcement purposes.

District security shall not aid any effort to create a registry containing individuals' country of birth or based on any other protected characteristics of victims, witnesses, or suspects of crimes unless required by law for specified purposes.

Release of Student Records

No instructor, official, employee, or Board of Trustees member shall authorize access to student records to any person except under the following circumstances:

Student records shall be released pursuant to a student's written consent. Receipt of appropriate written consent must be verified with the Director of Admissions & Records or designee.

Directory information may be released in accordance with the definitions in Board Policy 5040. Currently enrolled students may request that directory information be kept confidential by filing a "Request to Withhold Directory
Information" with the Office of Admissions and Records.

Student records shall be released pursuant to a verified judicial order or a lawfully issued subpoena. Subpoena requests shall be referred to the Office of Admissions and Records and reviewed by the Superintendent/President or designee prior to release of student records. The Vice President of Student Services or designee shall coordinate collection of necessary records with pertinent campus offices.

Information concerning a student shall be furnished in compliance with a subpoena. The District shall make a reasonable effort to notify the student in advance of such compliance.

Student records shall be released pursuant to a federal judicial order that has been issued regarding an investigation or prosecution of an offense concerning an investigation or prosecution of terrorism.

Student records may be released to officials and employees of the District only when they have a legitimate educational interest to inspect the record.

In addition to the directory information provided in policy, the Mendocino College Foundation shall have access to the following student information for students that have completed the requirements for a certificate and/or degree:

Name

Date of Birth

Last known address

Last known telephone number

Year degree/certificate was conferred

Students may request to inspect and review their student records. The District willl grant a request to inspect and review student records during regular school hours no later than 15 working days following the date of the request.

The Vice President of Student Services or the designee will be the contact person for requests for student information in the following possible instances:

Student records may be released to authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported educational program or pursuant to federal or state law. Exceptions are that when the collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements.

Student records may be released to officials of other public or private schools or school systems, including local, county or state correctional facilities where education programs are provided, where the student seeks or intends to enroll or is directed to enroll. The release is subject to the conditions in Education Code Section 76225.

Student records may be released to agencies or organizations in connection with a student's application for, or receipt of, financial aid, provided that information permitting the personal identification of those students may be disclosed only as may be necessary for those purposes as to financial aid, to determine the amount of the financial aid, or conditions that will be imposed regarding financial aid, or to enforce the terms or conditions of financial aid.

Student records may be released to organizations conducting studies for, or on behalf of, accrediting organizations, educational agencies or institutions for the purpose of developing, validating, or administrating predictive tests, administering financial aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted.

Student records may be released to appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, subject to applicable federal or state law.

The following information shall be released to the federal military for the purposes of federal military recruitment: student names, addresses, electronic email messages, telephone listings, dates and places of birth, levels of education, major(s), degrees received, prior military experience, and/or the most recent previous educational institutions enrolled in by the students.

Access to Student Records for Immigration Enforcement Purposes

The District must obtain a student's written consent before disclosing educational records, unless the information is relevant for a legitimate educational interest or includes directory information only. Neither exception permits disclosing information for immigration enforcement purposes; no student information shall be disclosed for immigration enforcement purposes without a court order or judicial warrant. Without a court order or judicial warrant, written consent must be signed and dated by the student, or (if the student is a minor) by the student's parent(s) or guardian(s), before disclosure of the information, and must specify the records that may be disclosed, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made.

If desired by the student, the District must provide a copy of the records to be released, The party to whom the information is disclosed may not re-disclose the information to any other party without the prior consent of the student or subsequent court order.

District personnel shall develop a written policy for interactions with immigration authorities seeking to review student records. At minimum, such policies shall include the following information:

Contact information (name, title, email addresses, and phone numbers) for the correct person to review and respond to a request for student records.

Access to sample warrant and subpoena documents that could be used for access onto campus property, or to seize or arrest students or other individuals on campus.

District personnel shall provide a set of responses for personnel to use in response to officers seeking access to records for immigration enforcement purposes.

In addition, to notifying the designated campus official, District personnel shall take the following action steps in response to an officer other than District security requesting access to student records:

1. Ask for the officer's name, identification number, an agency affiliation;
2. Record or copy this information;
3. Ask for a copy of any warrants;
4. Inform the officer that you are not obstructing their efforts but that you need to contact a campus administrator or campus counsel for assistance.

District Security shall not provide personal information about an individual for immigration enforcement purposes, unless that information is publicly available, or required by a court order or judicial warrant. "Personal information" is defined as any information that identifies or describes an individual, and includes but is not limited to a student's physical description, home or work address, telephone number, education, financial matters, medical or employment history, and statements made by, or attributed to, the individual. This restriction does not apply to information regarding the immigration or citizenship status of an individual.

Unless the District is served with a judicial subpoena or court order that by its terms prohibits disclosure to the student, the student must be notified of any judicial order or subpoena before the institution complies with the order in accordance with FERPA.

Charge for Transcripts or Verifications of Student Records

A student/former student shall be entitled to two free copies of the transcript of their record or to two free verifications of various student records. Additional copies shall be made available to the student, or to an addressee designated by them at a rate of
$3.00 per copy. Students may request special processing of a transcript for an additional fee. The District will not refuse to provide a transcript for a current or former student on the grounds that the student owes a debt; condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript; charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a student owes a debt; or use transcript issuance as a tool for debt collection.

Electronic Transcripts

The District has implemented a process for the receipt and transmission of electronic student transcripts.

Use of Social Security Numbers

The District shall not do any of the following:

Publicly post or publicly display an individual's social security number;

Print an individual's social security number on a card required to access products or services;

Require an individual to transmit their social security number over the internet using a connection that is not secured or encrypted;

Require an individual to use their social security number to access an Internet Web site without also requiring a password or unique personal identification number or other authentication device; or

Print, in whole or in part, an individual's social security number that is visible on any materials that are mailed to the individual, except those materials used for:

Application or enrollment purposes;

To establish, amend, or terminate an account, contract, or policy; or

To confirm the accuracy of the social security number.

Prior to January 1, 2004 when the above guidelines were required, the District did use social security numbers in a manner inconsistent with the above restrictions, and the District understands it is permissible to continue using that individual s social security number in that same manner only if:

The use of the social security number is continuous;

The individual is provided an annual disclosure that informs the individual that they have the right to stop the use of their social security number in a manner otherwise prohibited;

The District agrees to stop the use of an individual's social security number in a manner otherwise prohibited upon a written request by that individual;

No fee shall be charged to the student for implementing this request; and the District shall not deny services to an individual for making such a request.

Name, Gender Identity, and Gender Changes to Student Records

Current students can declare an affirmed name, gender, or both name and gender identifiction 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, transcripts, diplomas, certificates of completion of courses, or similar records.

If the District receives government-issued documentation, as described below, from a former student demonstrating that the former student's legal name or gender has been changed, the District shall update the former student's records to include the updated legal name or gender. If requested by the former student, the District shall reissue any documents conferred upon the former student with the former student's updated legal name or gender. Documents that shall be reissued by the District upon request include, but are not necessarily limited to, a transcript or a diploma conferred by the institution.

The District shall not charge a higher fee for correcting, updating, or reissuing a document or record based on an affirmed name, gender identification, or legal name or gender change than the fee it charges for correcting, updating, or reissuing that document or record generally.
The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:

State-issued driver's license or identification card; Birth certificate; Passport; Social security card; Court order indicating a name change or a gender change, or both.

The District is not required to modify records that the former student has not requested for modification or reissuance.

The District cannot require a current student to provide legal documentation to demonstrate a legal name or gender change in order to have the the student's affirmed name listed on the student's records.

References: Education Code Section 66093.3, 66271.4, and 76200 et. seq.; Title 5 Sections 54600 et seq. and 59410; Civil Code Sections 1788.90 et. seq. and 1798.85; 10 U.S. Code Section 503;

20 U.S. Code Section 1232g subdivision (j) (U.S. Patriot Act); ACCJC Accreditation Standard 2

Challenging Content

Any student may file a written request with the Director of Admissions and Records or designee to correct or remove information recorded in their student records that the student alleges to be:

inaccurate;

an unsubstantiated personal conclusion or inference;

a conclusion or inference outside of the observer's area of competence;

or not based on the personal observation of a named person with the time and place of the observation noted.

Within 30 days of receipt of the request, the Director of Admissions and Records or designee shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the District. The Director of Admissions and Records or designee shall then sustain or deny the allegations.

If the Director of Admissions and Records or designee sustains any or all of the allegations, they shall order the correction or removal and destruction of the information. If the Director of Admissions and Records or designee denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the Vice President of Student Services.

Within 30 days of receipt of an appeal, the Board of Trustees shall, in closed session with the student and the employee who recorded the information in question, determine whether to sustain or deny the allegations. If the Board of Trustees sustains any or all of the allegations, it shall order the Superintendent/President or their designee, to immediately correct or remove and destroy the information. The decision of the Board of Trustees shall be final.

If the final decision is unfavorable to the student, the student shall have the right to submit a written statement of their objections to the information. This statement shall become a part of the student's record until the information objected to is corrected or removed.

Whenever there is included in any student record information concerning any disciplinary action, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action.

Whenever there is included in any student record information concerning any disciplinary action in connection with any alleged sexual assault or physical abuse, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall be informed within three days of the results of the disciplinary action and the results of any appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential.

Access Log

A log or record shall be maintained for each student's record that lists all persons, agencies, or organizations requesting or receiving information from the record and their legitimate interests. The listing need not include any of the following:

Students seeking access to their own records;

Parties to whom directory information is released;

Parties for whom written consent has been executed by the student;

Officials or employees having a legitimate educational interest.

The log or record shall be open to inspection only by the student and the Director of Admissions and Records or designee, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, and state educational authorities as a means of auditing the operation of the system.

References: Education Code Sections 76222 and 76232; Title 5 Section 54630

The District shall provide Student Success and Support Program services to students to further equality of educational opportunity and academic success. The Student Success and Support Program brings the District and a student into agreement for the purpose of realizing the student's educational goal through the District's established programs, policies, and requirements. The agreement is implemented by means of the student educational plan (SEP).

Each student, in entering into an educational plan, will do all of the following:

Identify an education and career goal; Identify a course of study; Be assessed to determine appropriate course placement; Complete orientation; Participate in development of the student education plan; Complete a student education plan no later than the term after which the student completes 15 semester units of degree applicable credit coursework; Diligently attend class and complete assigned coursework; and Complete courses and maintain progress toward an educational goal.

Student Success and Support Program services include, but are not limited to, all of the following:

Orientation on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other appropriate matters.
Assessment and counseling upon enrollment, which shall include, but not be limited to, all of the following: Administration of assessment instruments to determine student competency in computational and language skills
Assistance to students in the identification of aptitudes, interests, and educational objectives, including, but not limited to, associate of arts degrees, transfer for baccalaureate degrees, and vocational certificates and licenses
Evaluation of student study and learning skills
Referral to specialized support services as needed, including, but no limited to, federal, state, and local financial assistance; health services, mental health services, campus employment placement services, extended opportunity programs and services, campus child care service programs that teach English as a second language; and disabled student services
Advisement concerning course selection

Follow-up services and required advisement or counseling for students who are enrolled in remedial courses, which have not yet declared an education objective as required, or who are on academic probation.

The College shall not use any assessment instrument except one specifically authorized by the Board of Governors of the
California Community Colleges.

In compliance with the Student Equity and Achievement Program, the District shall do all of the following:

Inform students of their rights to access transfer-level coursework in English, mathematics (or quantitative reasoning), credit English as a Second Language and of the multiple measures placement policies or other college placement processes including the availability of challenge processes; Include information about the student's course placement options in the college catalog, in orientation and advisement materials, on the college's website, and in any written communication by counseling services; Provide annual reports to the California Community Colleges Chancellor's Office in a manner and form described by the
California Community Colleges Chancellor's Office; and Publicly post the college's placement results, including the number of students assessed and the number of students placed into transfer-level coursework, transfer-level coursework with concurrent support, or transfer-level or credit
English as a Second Language coursework, disaggregated by race and ethnicity.

Mathematics, Engineering, Science Achievement (MESA) Program

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

STUDENTS SUBJECT TO STUDENT SUCCESS AND SUPPORT PROGRAM SERVICES

All new first-time freshmen and first-time transfer, credit students shall participate in orientation, assessment, and counseling services.

STUDENTS EXEMPTED FROM STUDENT SUCCESS AND SUPPORT PROGRAM SERVICES

Though all students are given the opportunity to participate in Student Success and Support Program Services, the College has elected to exempt certain students from participation in orientation, assessment, counseling/advising and student educational plan development. Students satisfying any of the following criteria may be exempted from portions of or all Student Success and Support Program services:

1. Students who have completed an Associate degree or higher;
2. Students enrolling at the college for a reason other than career development or advancement, transfer, attainment of a degree or certificate of achievement, or completion of a basic skills or English as a Second Language course sequence;
3. Students who have completed Student Success and Support Program services at another community college within the previous 365 days;
4. Students enrolling at the college solely to take a course that is legally mandated for employment as defined in section 55000 or necessary in response to a significant change in industry or licensure standards;
5. Students who have enrolled at the college as a special admit student pursuant to Education Code section 76001.
6. Students who have successfully completed (minimum grade C ) college level coursework in English, math or reading or have completed a course placement assessment at another California Community College, within the past three (3) years, may be exempt from assessment services;

STUDENT SUCCESS AND SUPPORT PROGRAM EXEMPTION REQUEST

Students identifying an educational status of completion of an Associate degree or higher, or indicating a status of special admission, at the time of application will automatically be granted an exemption of Student Success and Support Program services.

Students meeting one of the other exemption criteria listed above must complete and submit an exemption request form and necessary documentation to the designated office for review.

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

All courses of the District shall be open to enrollment in accordance with Board Policy 5052-Open Enrollment, and a priority system consistent with AP 5055 Enrollment Priorities. Enrollment may be limited to students meeting properly validated prerequisites and co-requisites, or due to other non-evaluative, practical considerations as determined by the Superintendent/President or designee.
No student is required to confer or consult with or required to receive permission to enroll in any class offered by the District, except as provided for in AP 5055 Enrollment Priorities and in the following academic programs: Nursing, Licensed Vocational
Nursing, Physical Therapy Assistant, Fine Woodworking and Performing Arts classes which require auditions.
Students are not required to participate in any pre-registration activities not uniformly required, and no registration procedures are used that result in restricting enrollment to a specialized clientele, except as provided for in AP 5055 Enrollment Priorities and permission to enroll in any class offered by the District, except as provided for in AP 5055 Enrollment Priorities and in the following academic programs: Nursing, Licensed Vocational Nursing, Physical Therapy Assistant, Fine Woodworking and Performing Arts classes which require auditions.
A student may challenge an enrollment limitation on any of the following grounds: The limitation is unlawfully discriminatory or is being applied in an unlawfully discriminatory manner; The District is not following its enrollment procedures; The basis for the limitation does not in fact exist.

References: Title 5 Sections 51006, 58106, and 58108

Eligibility for Enrollment Priority

Enrollment priority is granted to those students enrolled in Mendocino College for the purpose of degree or certificate attainment, transfer to a four-year college or university, or career advancement and who meet the following eligibility requirements:

1. New students, and those returning after an absence of one year or more, shall have declared a major, completed a new student orientation or the equivalent, assessment, and developed a student education plan.
2. Continuing students must also be in good standing, first term academic or progress probation, or making satisfactory term progress with a grade point average of 2.0 or higher.
3. Students must have completed no more than 100 degree applicable units at Mendocino College. The unit limitation excludes those units completed in English as a Second Language, Basic Skills, Credit by Exam, Advanced Placement (AP), Military Training, and College Level Exam Program (CLEP).
4. Students must meet all eligibility requirements by April 1st for summer and fall registration and October 15th for spring registration.
5. Enrollment in courses and programs may be limited to students meeting properly established prerequisites and co- requisites.

Priority Assignments

1. Enrollment priorities will be assigned by the Office of Admissions and Records in the following order:
2. Priority 1
3. Former foster youth students as of 25 years of age as of the first day of the term; and
4. Verified homeless youth and former homeless youth under 25 years of age; and
5. Veterans and Members of Armed Forces or State Military Reserve; and
6. Students who are eligible for and receiving services through the disabled Students Program and Services (DSPS); and
7. Students who are eligible for and receiving services through Extended Opportunity Program and Services (EOPS); and
8. Students who are eligible for and receiving services through CalWORKs and
9. Students receiving Tribal Temporary Assistance to Needy Families (TANF); and
10. Students identified as a parent of a child under 18 years of age receiving more than half of their support from the student.
11. Priority 2
12. Continuing students from the most recent primary term that have met all eligibility requirements, are in good academic standing or making satisfactory progress, and have completed 50.0 - 99.9 units at Mendocino College; and
13. Puente students that have met all eligibility requirements.
14. Priority 3
15. Continuing students from the most recent primary term that have met all eligibility requirements, are in good academic standing or making satisfactory progress, and have completed 30.0 - 49.0 units at Mendocino College; and
16. New students who have just graduated from high school and that have completed all eligibility requirements through the Reg-2-Go program.
17. Priority 4
18. Continuing students from the most recent primary term that have met all eligibility requirements, are in good academic standing or making satisfactory progress, and have completed 0 - 29.0 units at Mendocino College; and
19. New students that have met all eligibility requirements.
20. Priority 5
21. Returning students that have met all eligibility requirements and have completed fewer than 100.0 units at Mendocino College.

Enrollment Priority Status

1. Students who have earned 75 degree applicable units, not including units earned via English as a Second Language courses, Basic Skills courses, Credit by Exam, Advanced Placement (AP), College Level Exam Program (CLEP), will be notified in writing of the loss in enrollment priority once 100 degree applicable units have been earned.
2. Notifications will be produced by the Office of Admissions and Records and sent to students via the institutional email address on file, once grades have been posted at the end of each term. Those students who do not have an email address on file will receive notification via mail to the mailing address on file.
3. Students who are placed on academic and/or progress probation will be notified in writing of the possible loss of enrollment priority should they remain on probation for a second consecutive term.
4. Notifications will be produced by the Office of Admissions and Records and sent to students via the institutional email address on file as part of the academic standing process at the conclusion of each primary term. Those students who do not have an email address on file will receive notification via mail to the mailing address on file.
5. Notifications will inform the student of the number of applicable units completed, current standing, and the impact of the loss of enrollment priority.

Loss of Enrollment Priority

Students will lose enrollment priority at the first registration opportunity for either of the following:

1. The student is on academic and/or progress probation for two consecutive terms; or
2. The student has completed more than 100 degree-applicable units at Mendocino College

Notification of Loss of Enrollment Priority

1. Students who have earned 100 degree applicable units, not including units earned via English as a Second Language courses, Basic Skills courses, Credit by Exam, Advanced Placement (AP), College Level Exam Program (CLEP), will be notified of the loss of enrollment priority at the conclusion of the term in which the units have been completed.
2. Students on academic or progress probation for the second consecutive term will be notified of the loss of enrollment priority at the conclusion of the term in which the student was placed on second level academic or progress probation.
3. Notifications will be issued by the Office of Admissions and Records and will be sent to the student via the institutional email address on file. If a student does not have an email address on file, the notification will be sent via mail to the address on record.
4. Notifications will inform the student of their loss of enrollment priority, the reason for and impact of the loss, and the appeal process.

Appeal Process

1. Students may appeal the loss of enrollment priority due to verifiable accident, illness, or other circumstances beyond the control of the student or in the case significant academic improvement.
2. Students who have lost enrollment priority for the spring term must submit a completed appeal form and supporting documentation, no later than October 15th, or in the case of a holiday or other College closure, the next business day following this date.
3. Students who have lost enrollment priority for the summer and fall terms must submit a completed Enrollment Priority Appeal form, and supporting documentation, no later than April 1st, or in the case of a holiday or other College closure, the next business day following this date.
4. Incomplete appeal packets will not be considered by the committee and will be returned to the student for completion as time allows.
5. Appeals will be reviewed within five (5) business days of the above stated deadlines by the Academic Review Committee.
6. Notification of the appeal results will be emailed to the student by the Director of Admissions and Records.

Reference: Education Code: 66025.8, 66025.81, 66025.9 and 66025.92
Title 5: 58106 and 58108

Attendance Accounting

The District complies with State attendance accounting regulations as published in the Education Code, in Title 5 regulations, and in the California Community Colleges Chancellor s Office Student Attendance Accounting Manual.

The units of full-time equivalent student (FTES) for apportionment purposes shall be computed for courses based on the type of course, the way the course is scheduled, and the length of the course.

The District will ensure that the computation of FTES includes only the attendance of students while they are engaged in educational activities required of students and while they are under the immediate supervision and control of an academic employee of the District authorized to render service in the capacity and during the period in which he or she served.

The District will maintain an academic calendar with at least 175 days of instruction or examination during the fiscal year, including flex days.

In compliance with regulations from the CCC Chancellor s Office, the Director of Admissions and Records is responsible for the reporting of FTES during the first reporting period (between July 1 and December 31), second reporting period (between July 1 and April 15), and annual reporting period (between July 1 and June 30).

The District will maintain compliance with census procedures prescribed by the CCC Chancellor s Office for all census-based credit and non-credit courses, including work experience and independent study, and with prescribed contact hours reporting procedures for courses reported on an actual hours of attendance (positive attendance) basis.

Each course section will be reported for FTES apportionment funding using one of the following attendance accounting procedures: (1) Weekly Census, (2) Daily Census, (3) Alternative Attendance Procedure-Weekly Census, (4) Alternative
Attendance Procedure-Daily Census, (5) Alternative Attendance Accounting-Noncredit, or (6) Positive Attendance.

Attendance Accounting Methods

1. Weekly Census: (full-semester credit classes): This attendance accounting method applies to course sections that are regularly scheduled for a full primary term (scheduled coterminously with fall or spring primary term). The census date at

the 20% point of the term is determined in accordance with Title 5.

1. Daily Census: (short-term credit classes): This attendance accounting method applies to course sections that meet at least five days, meet less than a full semester and are scheduled regularly with respect to the number of hours during each scheduled day. This method is used for most intersession classes and for short-term offerings within a primary term and courses offered in the summer term. Holidays are excluded from the FTES calculation. Census for these classes is taken on the scheduled day of the course that is nearest 20% of the number of days the class is scheduled to meet.
2. Alternative Attendance Procedure-Weekly Census: This procedure is used for full- term credit distance education courses not using other attendance accounting procedures, as well as for full-term credit independent study and cooperative work experience education courses, that are scheduled during a primary term. This attendance accounting method is based upon units rather than contact hours. The census date at the 20% point of the term is determined in accordance with Title 5.

Weekly student contact hours in distance education or independent study laboratory courses utilizing this procedure may be calculated as equivalent to the hours that would be generated for the same student effort in a laboratory course not computed using the Alternative Attendance Accounting Procedure, such as in a lab course offered on campus. The distance education or independent study course in the can be partially or wholly laboratory based.

1. Alternative Attendance Procedure-Daily Census: This procedure is used for credit distance education courses not using other attendance accounting procedures, as well as for credit independent study and cooperative work experience education courses, that are not scheduled conterminously with a primary term, but are scheduled during a portion of a primary term or during a summer or other intersession. This attendance accounting method is based upon units rather than contact hours. The census date is determined in accordance with Title 5.

Student contact hours in distance education or independent study laboratory courses utilizing this procedure may be calculated as equivalent to the hours that would be generated for the same student effort in a laboratory course not computed using the Alternative Attendance Accounting Procedure, such as in a lab course offered on campus. The distance education or independent study course in the can be partially or wholly laboratory based.

1. Alternative Attendance Accounting Procedure-Noncredit: This attendance accounting procedure is used for noncredit distance education courses. It is the only procedure that may be used for noncredit distance education courses taught asynchronously. The two census dates, at 20% and 60% of the course, are determined in accordance with Title 5

Adding Courses

Students may add full-term courses through the registration period online or in person. Short-term courses may be added through the registration period set for the course.

Students may add a class up to the day prior to the course census day with instructor approval.

After census, students may only add a course through a late add petition process. The petition must be approved and signed by the Instructor, an Academic Dean, and the Director of Admissions and Records or designee.

Course Drops or Withdrawals

Course drops or withdrawals are authorized through the last day of the fourteenth week of instruction or 75% of the term, whichever is less.

A student may drop a course without notation on their transcript through the day before the census date of each course.
Withdrawals, or drops, are authorized through the last day of the fourteenth week of instruction or 75% of the term, whichever is less. Students who withdraw or drop classes during the first two weeks or 20% of the term, whichever is less, will receive no notation on their academic record (or 10% of course for short-term courses).

On the census date of each course, and up to 75% of the term, a student may withdraw from a course. The notation of a W will appear on the student's transcript and will not be used in the calculation of the grade point average. The W will count towards attempted units for academic progress as outlined in Administrative Procedure 4250.1 as well as Satisfactory Academic
Progress for financial aid purposes.

While primary responsibility for class attendance and maintaining an accurate registration record rests with the student, the instructor has the responsibility for maintaining accurate and proper accountability records for state apportionment requirements. Students are responsible for adding or dropping of courses to their schedule of classes. Each faculty member shall clear the class roster of inactive students no later than the end of the last business day before the census day.

Drops by Faculty Members

Instructors shall manage their class rosters through the census process and drop inactive students not later than the end of the last business day before the census day.

"Inactive" students include:

Students identified as no-shows.

Students who officially withdraw.

Students who are no longer participating in the courses and are therefore dropped by the instructor.

An instructor may also drop a student through the instructor-initiated drop process during the first 75% of the class for non- participation. Instructor initiated drops must include the student's last date of attendance.

Other Withdrawals

Students may be permitted to enroll in a class after having received the maximum authorized number of W symbols, if the District policy permits additional withdrawals for which it does not receive apportionment and the official designated in the District's policy approves such withdrawal after a review of a petition submitted by the student, as long as the students will receive a grade or a non-evaluative symbol other than a W upon completion of the course. A military withdrawal ( MW ) will not be counted toward the permitted number of withdrawals or counted as an enrollment attempt. A military withdrawal occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a withdrawal symbol of MW may be assigned at any time after the period established by the District during which no notation is made for withdrawals.

An excused withdrawal ( EW ) will not be counted toward the permitted number of withdrawals or counted as an enrollment attempt, nor will it be counted in progress probation and dismissal calculations. An excused withdrawal occurs when a student is permitted to withdraw from a course(s) due to specific events beyond the control of the student affecting the student's ability to complete a course(s) and may include a job transfer outside the geographical region, an illness in the family where the student is the primary caregiver, when the student who is incarcerated in a California state prison or county jail is released from custody or involuntarily transferred before the end of the term, when the student is subject to immigration action, or other extenuating circumstances making completion impractical. In the case of an incarcerated student, an excused withdrawal cannot be applied if the failure to complete the course(s) was the result of the student's behavioral violation or if the student requested and was granted a mid-semester transfer. Upon verification of these conditions and consistent with the District's required documentation substantiating the condition, a withdrawal symbol of EW may be assigned at any time after the period established by the District during which no notation is made for withdrawals. In no case shall an excused withdrawal result in a student being assigned an F grade.

References: Title 5 Sections 55024, 58004, and 58509

The counseling services available in the District’s counseling program include at least the following:

Academic counseling, in which the student is assisted in assessing, planning, and implementing their immediate and long-range academic goals;

Career counseling, in which the student is assisted in assessing their aptitudes, abilities, and interests, and is advised concerning the current and future employment trends;

Personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student’s education;

Coordination with the counseling aspects of other services to students which exist on campus, including but not limited to those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services.

Confidentiality of Counseling Information

Information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a counselor is confidential, and shall not become part of the student record without the written consent of the person who disclosed the confidential information. However, the information shall be disclosed when permitted by applicable law, including but not limited to disclosure as necessary to report child abuse or neglect; reporting to the Superintendent/President or other persons when the counselor has reason to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or other persons living in the college community; reporting information to the Superintendent/President or other persons as necessary when the student indicates that a crime involving the likelihood of personal injury or significant or substantial property losses will or has been committed; reporting information to one or more persons specified in a written waiver by the student.

References: Education Code Sections 72620 and 72621;

Title 5 Sections 51018
ACCJC Accreditation Standard 2.7

The District has a transfer center plan that complies with the requirements of Title 5. The plan identifies appropriate target student populations and is designed to increase the transfer applications of underrepresented students among transfer students.

Plan components include, but are not limited to:

Services to be provided to students

Facilities

Staffing

An advisory committee

Evaluation and reporting

Transfer path requirements for each articulated baccalaureate major

The Transfer Center Plan will be developed, maintained and updated as necessary by the Dean of Counseling & Student
Programs.

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

Mendocino College's Financial Aid office administers financial aid according to local, state, and federal regulations. The Director of Financial Aid & EOPS is Mendocino College's coordinating official for the administration of state and federal student aid programs. Policies and procedures specific to Mendocino College will be maintained in the Financial Aid Policies & Procedures
Manual, which will serve as a guide for internal training, ongoing compliance review, and annual audits.

Financial Aid programs offered usually include:

California College Promise Grant (formerly known as the BOG Fee Waiver)
CalWorks
Federal Pell Grants
Federal Direct Student Loan Program

At a minimum, the Financial Aid Policies & Procedures Manual will contain the following:

Application procedures, including deadlines

Student eligibility

Payment procedures

Overpayment recovery

Accounting requirements

Satisfactory Academic Progress

Misrepresentation

Misrepresentation is defined as any false, erroneous, or misleading statement that the District, a representative of the District, or a service provider with which the District has contracted to provide educational programs, marketing, advertising, recruiting, or admissions services, makes directly or indirectly to a student, prospective student, a member of the public, an accrediting agency, a state agency, or the United States Department of Education.

A misleading statement includes any statement that has the likelihood or tendency to deceive or confuse. If a person to whom the misrepresentation was made could reasonably be expected to rely, or has reasonably relied, on the misrepresentation, the misrepresentation would be substantial.
This procedure does not apply to statements by students through social media outlets or by vendors that are not providing covered services, as reflected herein.

Loss of Eligibility for California College Promise Grant (formerly known as a BOG Fee Waiver)

A student shall become ineligible for a California College Promise Grant if the student is placed on academic or progress probation, or any combination thereof, for two consecutive primary terms. Loss of eligibility shall become effective at the first registration opportunity after such determination is made.

The District shall notify students of their placement on academic or progress probation no later than thirty days following the end of the term that resulted in the student's placement on probation. The notification must clearly state that two consecutive primary terms of probation will lead to a loss of the California College Promise Grant until the student is no longer on probation. The notification must also advise students about the available student support services to assist them in maintaining eligibility.

The District shall adopt, prominently display, and disseminate policies ensuring that students are advised about the student support services available to assist them in maintaining and reestablishing California College Promise Grant eligibility.
Dissemination includes, but is not limited to, information provided in college catalogs and class schedules.

The District shall establish written procedures by which a student may appeal the loss of a California College Promise Grant due to extenuating circumstances, or when a student with a disability applied for, but did not receive, a reasonable accommodation in a timely manner. Extenuating circumstances are verified cases of accidents, illnesses, or other circumstances that might include documented changes in the student's economic situation or evidence that the student was unable to obtain essential student support services. Extenuating circumstances also includes special consideration of the specific factors associated with Veterans, CalWORKs, EOPS, and DSPS student status.

Foster Youth shall not be subject to loss of California College Promise Grant due to placement on academic or progress probation. This exemption for Foster Youth is effective until the date specified in Education Code Section 66025.9 subdivision
(c).

Students Enrolled in a Baccalaureate Degree Program

Students enrolled in a baccalaureate degree program who wish to apply for a California College Promise Grant (CCPG) waiver must submit either a Free Application for Federal Student Aid (FAFSA) or a California Dream Act application in lieu of completing the Board of Governors Fee Waiver application.

Scholarship Displacement
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. The District shall not consider receipt or anticipated receipt of private scholarships when considering a student who is eligible to receive a federal Pell Grant

award or financial assistance under the California Dream Act for qualification for institutional gift aid.

References: Education Code Sections 66021.3, 66021.6, 66025.9, 69432.7, 69514, 70045 et seq., 76300, 78042 and 94912.5; Title 5 Sections 55031 and 58600 et seq.; 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

DSPS Program Plan

The District maintains a plan for the provision of programs and services to students with disabilities designed to assure that they have equal access to District classes and programs. The program plan defines the long-range goals and short-term measurable objectives for the program along with activities to accomplish the goals.

Academic Adjustments, Auxiliary Aids, and Services for Students with Disabilities

The purpose of academic accommodations is to allow students with disabilities access to the same educational opportunities available to other students. The procedures herein are intended to provide for consistent and timely processing of requests for academic accommodations.

Examples of academic adjustments, auxiliary aids, accommodations, and services for students with disabilities may include, but are not limited to the following: extended time on tests, distraction-reduced test settings, note-taking assistance, sign language interpreters, real-time captioning, audio recordings, assistive technology and software, adaptive equipment, provision of instructional materials in alternative formats, academic and rehabilitation counseling, assessment of learning disabilities, and educational assistance classes. Educational assistance classes involve specialized instruction designed to help students mitigate educational limitations or acquire skills necessary for the completion of the goals set forth in the academic accommodation plan.

Requests for accommodations are determined on an individualized, case-by-case basis through an interactive process between the student and a DSPS certificated staff member. The DSPS certificated staff members include the DSPS
Counselor/Coordinator, Learning Disabilities Specialist, and DSPS Counselor. Through this interactive process, the DSPS certificated staff member will work in consultation with the student to develop an academic accommodation plan. DSPS certificated staff members will respond to such requests in a timely manner. In the event that a student requests academic accommodations but chooses not to participate in DSPS, then the District s assigned ADA/504 Coordinator shall be the contact point for students with professionally verified disabilities not participating in DSPS who need reasonable accommodations in order to equally participate in the educational programs of the District. Requests for accommodations that would fundamentally alter the essential elements of a course or program will not be granted. Direct and open communication is encouraged early in the academic accommodation process.

Request for Academic Accommodations

1. Students who request academic accommodations are responsible for initiating contact with DSPS. Students who make a request directly to instructional faculty should be referred to the DSPS office.
2. Students are responsible for providing documentation of a disability from a certificated or licensed professional to DSPS.
3. The DSPS office, in consultation with the student, shall recommend and authorize appropriate accommodations based on disability-related educational limitations and serve as a liaison between faculty, staff, and students. The authorized accommodations shall be documented in the student's file and instructors will be notified of the applicable accommodations by the DSPS office.

Academic Accommodation Resolution

The student or instructional faculty may dispute an accommodation. If there is a dispute, the accommodation(s) originally authorized by DSPS will still be provided throughout the problem resolution process and subsequent challenges.

1. Faculty Resolution Procedures
2. An instructor who has questions about or disagrees with an accommodation granted to a student with a verified disability shall promptly contact the DSPS certificated staff member who authorized the accommodation(s).
3. If the instructor feels that the matter has not been resolved by step one (1), the faculty member may dispute the accommodation with the Dean of Counseling and Student Programs.
4. If the matter has not been resolved by steps 1-2, the matter will be forwarded to the appropriate Vice President, and a final decision will be rendered within ten (10) days.
5. Student Resolution Procedures
6. A student who disagrees with the academic accommodation(s) authorized by the DSPS certificated staff member shall discuss his/her concern with the DSPS Counselor/Coordinator.
7. A student who is not provided an approved DSPS academic accommodation by the instructor shall notify the DSPS office so that an interactive meeting is scheduled for resolution.
8. If the student feels the matter has not been resolved by steps 1-2, then the student may submit a signed written grievance as soon as possible to the Dean of Counseling and Student Programs.
9. If the matter has not been resolved by steps 1-3, then the student should meet with the appropriate Vice President who will render a final decision within ten (10) days.

Eligibility for DSPS

Eligible students include those with verified disabilities which result in a functional limitation in the academic setting. Verification of a student's disability must be provided by a professional certified to diagnose and/or treat the condition of the student applying for services. In some situations, the DSPS certificated staff member may verify the disability of the student by direct observation, through a review of medical and/or educational records, and through the interactive process.

See Title 5

Staffing and Program Management:

The College will maintain an appropriate level of staffing to meet program regulations and appropriately address student needs.
Program staff may include a director, academic counselors and other staff necessary to support students. The Extended
Opportunities Programs and Services (EOPS) and its related Cooperative Agencies Resources for Education (CARE) program are under the supervision of the Director of Financial Aid & EOPS.

Documentation and Data Collection:

The Director of Financial Aid & EOPS, working collaboratively with assigned staff, will develop and utilize a filing system and appropriate electronic database(s) to monitor and track students who are participants in the program. This information will be used for tracking student eligibility, academic progress, and services received, which is submitted to the Chancellor's Office each semester.

EOPS/CARE Advisory Committee:

EOPS/CARE will establish and maintain an Advisory Committee chaired by the Director of Financial Aid & EOPS. The Advisory
Committee may include representatives from students, college personnel, local high schools, community and business sectors, and four-year colleges. At a minimum, the Advisory Committee will meet once each semester.

Full-time Director:

The College will adhere to the Chancellor's Office guidance on maintaining a full-time EOPS director. When available, a waiver may be submitted to meet program requirements.

The Eligibility Criteria for EOPS:

The Director of Financial Aid & EOPS, working collaboratively with program staff, will ensure that all EOPS/CARE participants have met the eligibility criteria established by state regulations. The participant's file will contain required documentation to demonstrate the participant's eligibility for the program.

The following are the basic eligibility criteria for the EOPS Program:

California resident of AB540 student

Enrolled in 12 or more units at Mendocino College

Eligible for California College Promise Grant (Fee Waiver) A or B

Must not have completed more than 60 degree applicable units

Must not have completed an Associate degree

Student Responsibility Requirements:

Attend an EOPS Orientation

Complete three counselor contacts each semester

Maintain a current Student Educational Plan

Maintain at least a 2.0 grade point average

The Director of Financial Aid & EOPS and program staff will monitor participant's progress toward meeting the established responsibilities. The Director of Financial Aid & EOPS, in accordance with Chancellor's Office guidelines, is authorized to suspend and/or terminate program services to participants who are not meeting the responsibility standards.

Recruitment and Outreach Services:

Throughout the year, EOPS/CARE staff will conduct various outreach activities (i.e., presentations, workshops, one-on-one information sessions) at local high schools, at various community organizations and events, and on campus.

Cognitive and Non-cognitive Assessment, Advising, Orientation Services, and Registration Assistance:

The EOPS/CARE program will offer services that go above and beyond normal college-wide activities by providing specialized one-on-one counseling assistance, an EOPS/CARE orientation, and priority enrollment for EOPS/CARE participants. In addition, students who indicate the need for further learning needs assessment will be referred to the Disability Resource Center for further assistance.

Basic Skills Instruction, Seminars, and Tutorial Assistance:

Basic Skills may be offered on a limited basis at Mendocino College, but are not required. Student success seminars are offered during continuing student update seminars and workshops are offered by multiple departments within the College throughout the year, with access provided to EOPS/CARE participants. All EOPS/CARE participants are eligible to receive one-on-one tutorial assistance provided through the Learning Center, dependent on funding and availability.

Counseling and Retention Services:

The EOPS/CARE program will provide specialized counseling services to assist participants with academic, personal, career, and transfer support. As part of these services, participants will be required to complete an education plan that is kept on file with the EOPS/CARE program.

The EOPS/CARE program will also provide appropriate services and activities to assist with student retention. Such services can include the textbook lending library, priority registration, college visits, school supplies, fee waivers for university applications, tutoring services, and graduation regalia for graduating participants. The CARE program will also provide participants with child care grants, student success workshops, food assistance, and transportation assistance.

Career Employment Services:

Mendocino College operates the Career Hub, which offers career advisement and employment support to students.
EOPS/CARE refers students to the Career Hub at Mendocino College for career advisement, employment support, and/or assistance.

Transfer Services:

EOPS/CARE counseling staff will provide participants with transfer assistance, such as: major identification; college searches; application assistance; university fee waivers; letters of recommendation; and other approved transfer services as needed to assist in successful transition. EOPS/CARE will work collaboratively with other categorical programs and campus resources to provide services and activities that support student transfer.

Direct Aid:

The EOPS/CARE program may provide students with direct aid in the form of a grant or textbook lending library each semester.
The EOPS/CARE program may also provide funding for other out-of-pocket educational expenses, such as required classroom materials, university application fees, Phi Theta Kappa membership costs, among others, if funding is available.

Additionally, CARE participants may receive food assistance, gas cards, and a child care grant to cover out-of-pocket childcare expenses, upon available funding.

Establishment of objectives to achieve the goals in implementing EOPS/CARE:

Working collaboratively, program staff and the Director of Financial Aid & EOPS will establish annual goals and service area outcomes (SAO) designed to assist in implementing the EOPS/CARE program according to state regulations and standards.
The director will monitor progress toward achieving these goals and SAOs and submit an annual status report to the appropriate administrator through the established Program Review process.

Review and evaluation of the programs and services and submission of related reports:

Director of Financial Aid & EOPS will collect data and conduct student surveys throughout the year, as appropriate, to enable the program to meet all its reporting requirements. The Director of Financial Aid & EOPS, working collaboratively with other

departments and the Vice President of Student Services will submit all required Chancellor's Office reports and budget forms in a timely manner so as to meet the appropriate deadlines.

References: Educational Code Sections 69640-69656; Title 5 Sections 56200 et. seq.

The District shall provide reasonable accommodations for a lactating student to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding whenever a student is required to be present on campus. Reasonable accommodations include, but are not limited to the following:

1. Access to a private and secure room, other than a restroom, to express breast milk or breastfeed an infant child. The room shall have a comfortable place to sit and have a table or shelf to place equipment described in paragraph (3).
2. Permission to bring onto a Mendocino College campus or center location a breast pump and any other equipment used to express breast milk.
3. Access to a power source for a breast pump or any other equipment used to express breast milk.

Lactating students shall be provided a reasonable amount of time to accommodate their need to express breast milk or breastfeed an infant child. Students shall not incur an academic penalty as a result of their use of the reasonable accommodations, and shall be provided the opportunity to make up any work missed due to such use.

Reference: Education Code Section 66271.9

The College shall comply with State and local mandates as required by law.

As part of the legally required mandates, the College shall:

Cooperate with local health officers in measures necessary for the prevention and control of communicable diseases in students.

Comply with any immunization program required by State Department of Health Services regulations.

References: Education Code Section 76403

The District maintains shower facilities for student use on campus that may be used by any student including homeless students who are enrolled in the current semester, have paid enrollment fees, and are in good standing with the district.

A homeless student is defined as a student who does not have a fixed, regular, and adequate nighttime residence. This includes, but is not limited to, students who:

are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative accommodations; are living in emergency or transitional shelters; have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings; or are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

Shower facilities are located at the Physical Education Complex (Room 895 for the Men's Locker Room and Room 886 for the Women's Locker Room) and are open to use by students during regular business hours on regular days. In the event that these hours conflict with the hours of an intercollegiate athletic program, the district will provide notice regarding the disruption at each shower facility location.

Reference: Education Code Section 76011

In accordance with a requirement by the Chancellor's Office for the California Community Colleges, Mendocino College has adopted a Student Equity Plan, following approval by the Board of Trustees.

The Student Equity Plan includes:

Active involvement of groups on campus through governance committees, instructional and student development departments, and the program review process

involvement by appropriate people from the community who can articulate the perspective and concerns of historically underrepresented groups

campus-based research as to the extent of student equity and to determine what activities are most likely to be effective

institutional barriers to equity

goals for access, retention, degree and certificate completion, English as a Second Language (ESL) and basic skills completion, and transfer for each historically underrepresented group

activities most likely to be effective to attain the goals, including coordination of existing student equity related programs

sources of funds for the activities in the plan

a schedule and process for evaluation of progress towards the goals

an executive summary that describes the groups for whom goals have been set, the goals, the initiatives that the District will undertake to achieve the goals, the resources budgeted for that purpose, and the District officer or employee who can be contacted for further information

The Student Equity Plan shall be developed, maintained, and updated through the participatory governance process under the supervision of the Superintendent/President or designee.

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

The Associated Students of Mendocino College (ASMC) shall conduct annual elections to elect officers.

Any student elected as an officer in the Associated Student of Mendocino College (ASMC) shall meet the requirements outlined in Board Policy 5410 - Associated Students of Mendocino College Elections.

The Student Life Office, in collaboration with the Associated Students of Mendocino College (ASMC) and their adopted bylaws, will oversee elections.

Reference: Education Code Section 76061

Associated Students of Mendocino College (ASMC) funds are maintained in accordance with the following procedures:

Associated Students of Mendocino College (ASMC) organization fund books, financial records and procedures are subject to an annual audit.

Reports of the annual audit of the Associated Students of Mendocino College (ASMC) are submitted to the Board of Trustees.

Audit information, except that containing personnel or other confidential information, shall be released to the Associated Students of Mendocino College (ASMC) by Business Services.

Associated Students of Mendocino College (ASMC) funds shall be deposited with and disbursed by the District's Business Office.

The funds shall be deposited, loaned or invested in:

Deposits in trust accounts of the centralized State Treasury System pursuant to Government Code Sections 16305- 16305.7 or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation.

Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.

Purchase of any of the securities authorized for investment by Government Code Section 16430 or investment by the Treasurer in those securities.

Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal
Revenue Code and that are open exclusively to nonprofit colleges, universities, and independent schools.

Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.

Loans, with or without interest, to any student body organization established in another community college of the District for a period not to exceed three years.

Investment of money in permanent improvements to any community college District property included, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body.

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

the Vice President of Administrative Services, or designee;

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

a representative of the student body organization.

References: Education Code Section 76063-76065

Honesty in all aspects of academic endeavor is imperative. The District requires that all students maintain a high level of personal academic integrity. Accordingly, students are expected to avoid any type of dishonesty in on-ground and online classes including, but not limited to the following:

1. Plagiarism- Plagiarism happens when you take someone else's work, ideas, or intellectual property and claim them as your own without giving proper credit. This can involve copying text, images, music, or other creative content without acknowledging the original source. Following are some examples of plagiarism:
2. Copying someone else's sentences or phrases, either verbatim or paraphrases, and presenting them as original.
3. Using another author's ideas, outline of information, or method of presentation without acknowledgment of the source.
4. Re-writing a research paper that incorporates significant material from a paper written by another person.
5. Submitting a research paper borrowed or purchased from another student or commercial source.
6. Using Artificial Intelligence (AI), or Large Language Model (LLM), without citation and/or to complete course assignments in violation of an instructor's syllabus and/or assignment instructions.
7. Cheating- Cheating includes the use of unauthorized assistance on an assignment or examination. Following are some examples of cheating:
8. Notes taken into an examination without the permission of the instructor.
9. Examination questions recorded and passed on by one student to another.
10. Any type of assistance, verbal or other, given by one student to another during an examination.
11. Alteration of a graded paper or examination resubmitted for further credit.
12. Use of any electronic device during an examination unless permitted by the instructor.
13. Use of Artificial Intelligence (AI), or Large Language Model (LLM), during an examination, quiz or other in class or online assignment unless specifically authorized by the instructor.
14. Alteration of laboratory experiments or results.
15. Submission of any work written by someone else and submitted as the student's own work.
16. Fabrication- Fabrication includes presentation to a class or the inclusion in an assignment or examination any data, statistics, interviews or other primary source material manufactured by the student or gathered or recorded in a fraudulent manner. Primary material must be documented according to the instructor's guidelines.
17. Duplication of Assignments- Students may not use a research paper or other project from one course to satisfy the requirements of a second course unless permission is secured from the second instructor in advance.
18. Aiding in Dishonesty- A student is aiding in dishonesty when they make material, information, or opportunity available for another student to use dishonestly.

CONSEQUENCES OF ACADEMIC DISHONESTY

When an instructor is going to act on evidence of academic dishonesty:

1. The instructor will write a Statement of Academic Dishonesty to the student(s) which includes the nature of the infraction as well as the recommended penalty.
2. At the discretion of the faculty member, and in consultation with the appropriate academic administrator, any of the following steps may then be taken:
3. Reassignment of the assignment, which may include assessment, research paper, exam, or project.
4. Issuing a failing grade for the assignment, which may include assessment, paper, exam, or project.
5. The Instructor will notify the Dean of Counseling & Retention and the appropriate Instructional Dean with the student name, the nature of the incident and the action taken. The Deans will keep a record of such incidents and evaluate them for potential discipline if a student has engaged in academic dishonesty repeatedly.

Students may appeal a faculty member's decision through the Student Grievance and Due Process procedure. (Board Policy
5530 and Administrative Procedure 5530.1).

Detailed explanation of other Standards of Student Conduct are addressed in Administrative Procedure 5500.1.

Any student club or student organization recognized by Mendocino College shall:

Have a club advisor who is an employee of the Mendocino-Lake Community College District (MLCCD).

Present a statement of purpose for consideration by the Associated Student of Mendocino College (ASMC) and the Director of Student Life and Support.

Submit a completed Charter for New Clubs and Organizations packet to the Director of Student Life and Support, which includes a listing of proposed organizing officers and members.

Have a constitution approved by ASMC and the Director of Student Life and Support.

Be a member of the Inter-Club Council.

Student Clubs shall meet requirements in accordance with student government Constitution and Bylaws.

Student clubs and organizations conduct all activities, including financial operations, in accordance with Board Policy and Administrative Procedures.

All fiscal operations of the student club or organization shall adhere to the following:

1. All club fiscal accounts must be maintained in the Student Activity Account. Student groups, which are not defined as a club, are not entitled to maintain a college account and issue purchase orders but must complete and file travel requests as stated below.
2. All clubs must have on file in the Fiscal Services Office:
3. a copy of the approved club constitution or bylaws
4. a copy of the minutes designating officers
5. their authorization to approve expenditures
6. To use club funds, a purchase order or travel request must be submitted in advance of the purchase or travel to the Fiscal Services Office. These documents must be signed by the authorized club officer, the club advisor, and the Director of Student Life and Support. A Voluntary Excursion/Field Trip Waiver and Medical Authorization Form must be completed by each student traveling and be submitted with the Travel Request.
7. Upon receipt of goods or services, the authorized club officer shall sign and return a receipt or invoice stating that the goods were received.
8. No travel may take place without an authorized travel request form. Upon completion of travel, an expense claim must be filed within 10 days. This should be completed by the traveler and approved by the advisor and the Director of Student Life and Support prior to being sent to the Fiscal Services Office.
9. The Vice President of Student Services, or designee, shall monitor and approve all student fundraising activities to be consistent with Board Policy and Procedures and with District auditing procedures.

Receipt of Funds

Student clubs are required to submit all funds received through club activities to the Business Services Office. When submitting funds, clubs may be required to identify the source of the funds. Funds must be submitted to the Business Services Office by the following business day from when the funds were received by the club. The Business Services Office will provide a receipt of all funds deposited in the club account. Student clubs are not authorized to exchange or handle funds directly from or to a vendor without following the District's purchase order process.

Reference: Education Code Sections 76060 and 76062

District security does not provide law enforcement service to off-campus organizations nor are activities off-campus recognized by District authority.

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

The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student
Conduct, which guarantees to the student or students involved the due process rights guaranteed them by state and federal constitutional protections. This procedure will be used in a fair and equitable manner, and not for purposes of retaliation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.

These Administrative Procedures are specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code Section 76120, and will not be used to punish expression that is protected.

For discipline resulting from a sexual harassment complaint under Title IX, the procedure in Administrative Procedure 3434.1 - Responding to Harassment Based on Sex under Title IX, must be used.

Definitions :

District - The Mendocino-Lake Community College District

Student - Any person currently enrolled as a student at any college or in any program offered by the District who was also enrolled at the time of the alleged violation of the Standards of Student Conduct.

Instructor - Any academic employee of the District in whose class a student subject to discipline is enrolled, or counselor who is providing or has provided services to the student, or other academic employee who has responsibility for the student's educational program.

Short-term Suspension - Exclusion of the student by the Dean of Counseling & Retention or designated administrator for good cause from one or more classes for a period of up to ten consecutive days of instruction.

Long-term Suspension - Exclusion of the student by the Dean of Counseling & Retention or designated administrator for good cause from one or more classes for the remainder of the school term, or from all classes and activities of the college for one or more terms.

Expulsion - Exclusion of the student by the Board of Trustees from all colleges in the District for one or more terms.

Removal from class (all modalities) - Exclusion of the student by an instructor for the day of the removal and the next class meeting.

Written or verbal reprimand - An admonition to the student to cease and desist from conduct determined to violate the Standards of Student Conduct. Written reprimands may become part of a student's permanent record at the college. A record of the fact that a verbal reprimand has been given may become part of a student's record at the college for a period of up to one year.

Withdrawal of Consent to Remain on Campus - Withdrawal of consent by the Dean of Counseling & Retention or designated administrator for any person to remain on campus in accordance with California Penal Code Section 626.4 where the Dean of Counseling & Retention or designated administrator has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus.

Day - Days during which the District is in session and regular classes are held, excluding Saturdays and Sundays.

Disciplinary Procedures:

Except in cases where immediate discipline pending a hearing is authorized, the following procedures will apply before disciplinary action is taken to suspend to expel a student:

Notice of Opportunity to Respond

Notice - The Dean of Counseling & Retention or the designated administrator will provide the student with written notice of the conduct warranting the discipline. The written notice will include the following:

the specific section of the Standards of Student Conduct that the student is accused of violating.

a short statement of the facts supporting the accusation.

the right of the student to meet with the Dean of Counseling & Retention or designee to discuss the accusation, or to respond in writing.

the nature of the discipline that is being considered.

Time limits - The notice must be provided to the student within five working days of the date on which the conduct took place; in the case of continuous, repeated or ongoing conduct, the notice must be provided within five working days of the date on which conduct occurred which led to the decision to take disciplinary action.

Meeting - If the student chooses to meet with the Dean of Counseling & Retention, the meeting must occur no sooner than five days after the notice is provided. At the meeting, the student must again be told the facts leading to the accusation, and must be given an opportunity to respond verbally or in writing to the accusation.

Determination of Discipline

Within five days after the meeting described above, the Superintendent/President shall, pursuant to a recommendation from the Dean of Counseling & Retention, decide whether to impose discipline or whether to end the matter. Discipline may be:

No discipline; Written or verbal reprimand; Short-term suspension; Long-term suspension; or Recommendation to the Board of Trustees for expulsion

Short-term Suspension - If the Dean of Counseling & Retention or designee imposes a short-term suspension, or some lesser disciplinary action, written notice of the decision shall be provided to the student. The notice will include the length of time of the suspension, or the nature of the lesser disciplinary action. The Dean of Counseling & Retention's decision shall be final.

Long-term Suspension -

If the Dean of Counseling & Retention or designee imposes a long-term suspension or recommends expulsion, the following procedures shall be provided to the student:

• Written notice of the Dean of Counseling & Retention or designee's decision shall be provided to the student.
• The notice shall identify the imposed discipline as either a long-term suspension or a recommendation to the Board of Trustees for expulsion.
• The notice shall inform the student of the right to request a formal hearing before a long-term suspension or expulsion is imposed.
• The notice shall include a copy of AP 5520 Student Discipline Procedures describing the procedures for a hearing.

Expulsion - Within ten days after the meeting described above, the Superintendent/President or designee shall decide whether to recommend expulsion to the Board of Trustees. The Superintendent/President or designee will provide written notice of this decision to the student. The notice will include the right of the student to request a formal hearing before expulsion is imposed, and a copy of AP 5520 Student Discipline Procedures describing the procedures for a hearing.

Hearing Procedures - Request for Hearing.

Within five days after receipt of the Superintendent/President, Dean of Counseling & Retention or designee’s decision regarding a long-term suspension or expulsion, the student may request a formal hearing. The request must be made in writing to the Superintendent/President, Dean of Counseling & Retention or designee.

Schedule of Hearing - The formal hearing shall be held within ten days after a formal request for hearing is received.

Hearing Panel - The hearing panel for any disciplinary action shall be composed of one (1) faculty and one administrator appointed by the Vice President of Student Services ; and one student (and an alternate) appointed by the Associated Students

of Mendocino College.

The Vice President of Student Services, the President of the Academic Senate, and the Associated Students of Mendocino
College President shall each, at the beginning of the academic year, establish a list of at least five persons who will serve on student disciplinary hearing panels. The Vice President of Student Services shall appoint the hearing panel from the names on these lists. However, no administrator, faculty member or student who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner shall serve on a hearing panel.

Hearing Panel Chair - The Vice President of Student Services shall appoint one member of the panel to serve as the chair.
The decision of the hearing panel chair shall be final on all matters relating to the conduct of the hearing unless there is a vote by both other members of the panel to the contrary.

Conduct of the Hearing

The members of the hearing panel shall be provided with a copy of the written notice of the conduct and any written response provided by the student before the hearing begins.

The facts supporting the accusation shall be presented by a college representative who shall be the Dean of Counseling & Retention or designated administrator.

The college representative and the student may call witnesses and introduce oral and written testimony relevant to the issues of the matter.

Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.

Unless the hearing panel determines to proceed otherwise, the college representative and the student shall each be permitted to make an opening statement. Thereafter, the college representative shall make the first presentation, followed by the student.
The college representative may present rebuttal evidence after the student completes their evidence. The burden shall be on the college representative to prove by the preponderance of the evidence that the facts alleged are true.

The student may represent themself, and may also have the right to be represented by a person of their choice except that the student shall not be represented by an attorney unless, in the judgment of the hearing panel, complex legal issues are involved.
If the student wishes to be represented by an attorney, the student must submit a request to the Panel Chair not less than five days prior to the date of the hearing. If the student is permitted to be represented by an attorney, the college representative may request legal assistance. The hearing panel may also request legal assistance; any legal advisor provided to the panel may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it.

Hearings shall be closed and confidential unless the student requests that it be open to the public. Any such request must be made no less than five days prior to the date of the hearing.

In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the panel agree to the contrary.

The hearing shall be recorded by the District by tape, digital, electronic, or stenographic recording. This shall be the only recording made. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by

tape recording, the hearing panel chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. The recording shall remain in the custody of the District at all times, unless released to a professional transcribing service. The student may request a copy of the recording.

All testimony shall be taken under oath; the oath shall be administered by the hearing panel chair. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be tape recorded is not unavailable.

Within ten days following the close of the hearing, the hearing panel shall prepare and send to the Superintendent/President a written decision. The decision shall include specific factual findings regarding the accusation, and shall include specific conclusions regarding whether any specific section of the Standards of Student Conduct were violated. The decision shall also include a specific recommendation regarding the disciplinary action to be imposed, if any. The decision shall be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original accusation, the written response, if any, of the student, and the oral and written evidence produced at the hearing.

Superintendent/President's Decision:

Long-term suspension - Within ten days following receipt of the hearing panel's recommended decision, the Superintendent/President or designee shall render a final written decision. The Superintendent/ President or designee may accept, modify or reject the findings, decisions and recommendations of the hearing panel. If the Superintendent/President or designee modifies or rejects the hearing panel's decision, the Superintendent President or designee shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the Superintendent/President or designee shall be final.

Expulsion - Within ten days following receipt of the hearing panel's recommended decision, the Superintendent/President or designee shall render a written recommended decision to the Board of Trustees. The Superintendent/President or designee may accept, modify or reject the findings, decisions and recommendations of the hearing panel. If the Superintendent/President or designee modifies or rejects the hearing panel's decision, they shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. The Superintendent
President or designee's decision shall be forwarded to the Board of Trustees.

Board of Trustees Decision: The Board of Trustees shall consider any recommendation from the Superintendent/President for expulsion at the next regularly scheduled meeting of the Board after receipt of the recommended decision.

The Board shall consider an expulsion recommendation in closed session, unless the student has requested that the matter be considered in a public meeting in accordance with these procedures (Education Code Section 72122).

The student shall be notified in writing, by registered or certified mail or by personal service, at least three days prior to the meeting, of the date, time, and place of the Board's meeting.

The student may, within forty-eight hours after receipt of the notice, request that the hearing be held as a public meeting.

Even if a student has requested that the Board consider an expulsion recommendation in a public meeting, the Board will hold any discussion that might be in conflict with the right to privacy of any student other than the student requesting the public meeting in closed session.

The Board may accept, modify or reject the findings, decisions and recommendations of the Superintendent/President or designee or the hearing panel. If the Board modifies or rejects the decision, the Board shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the Board shall be final.

The final action of the Board on the expulsion shall be taken at a public meeting, and the result of the action shall be a public record of the District.

Immediate Interim Suspension (Education Code Section 66017): The Vice President of Student Services or designated administrator may order immediate suspension of a student where they conclude that immediate suspension is required to protect lives or property and to ensure the maintenance of order. In cases where an interim suspension has been ordered, the time limits contained in these procedures shall not apply, and all hearing rights, including the right to a formal hearing where a long-term suspension or expulsion is recommended, will be afforded to the student within ten (10) days.

Removal from Class (Education Code Section 76032): Any instructor may order a student removed from their class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the Vice President of Student Services and the Dean of Counseling & Retention or designee. The Dean of Counseling & Retention or designee shall arrange for a conference between the student and the instructor regarding the removal. The Dean of Counseling & Retention shall oversee the conference. The student shall not be returned to the class during the period of the removal without the concurrence of the instructor. Nothing herein will prevent the Dean of Counseling & Retention from recommending further disciplinary procedures in accordance with these procedures based on the facts which led to the removal.

Withdrawal of Consent to Remain on Campus: The Dean of Counseling & Retention or designee may notify any person for whom there is a reasonable belief that the person has willfully disrupted the orderly operation of the campus that consent to remain on campus has been withdrawn. If the person is on campus at the time, they must promptly leave or be escorted off campus. If consent is withdrawn by the Dean of Counseling & Retention or designee a written report must be promptly made to the Vice President of Student Services or designee.

The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the period of the withdrawal. The request shall be granted not later than seven days from the date of receipt of the request. The hearing will be conducted in accordance with the provisions of this procedure relating to interim suspensions.

In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn.

Any person as to whom consent to remain on campus has been withdrawn who knowingly reenters the campus during the period in which consent has been withdrawn, except to come for a meeting or hearing, is subject to arrest (Penal Code Section
626.4).

Time Limits: Any times specified in these procedures may be shortened or lengthened if there is mutual concurrence by all parties.

No Disciplinary Action against Complainants or Witnesses in Sexual Assault Investigations

An individual who participates as a Complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the District’s student conduct policy at or near

the time of the incident, unless the District determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

References: Education Code Sections 66017, 66300, 72122, 76030, and 76030 et seq.; Penal Code Section 626.4

The purpose of this procedure is to provide a prompt and equitable means of resolving student grievances.

Grievance: A claim by any student who reasonably believes a college decision or action has adversely affected their status, rights, or privileges as a student. A Grievance includes, but is not limited to, claims regarding:

Course grades, to the extent permitted by Education Code Section 76224 subdivision (a), which provides: "When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student's grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.”
“Mistake” may include, but is not limited to errors made by an instructor in calculating a student’s grade and clerical errors;

• The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120.

A Grievance is not:

• Student disciplinary actions, which are covered under separate board policies and administrative procedures.
• Police citations (i.e. "tickets"); complaints about citations must be directed to the County Courthouse in the same way as any traffic violation.

Grievant – A student who has filed a Grievance.

Party – The student or any persons claimed to have been responsible for the student's alleged Grievance, together with their representatives. "Party" shall not include the Grievance Hearing Committee or the College Grievance
Officer.

Superintendent/President– The Superintendent/President or a designated representative of the Superintendent/President.

Student – A currently enrolled student, a person who has filed an application for admission to the college, or a former student. A Grievance by an applicant shall be limited to a complaint regarding denial of admission. Former students shall be limited to Grievances relating to course grades to the extent permitted by Education Code Section 76224 subdivision (a).

Respondent – Any person the Grievant claims to be responsible for the alleged Grievance.

Day – Unless otherwise provided, day shall mean a day during which the college is in session and regular classes are held, excluding Saturdays and Sundays.

Informal Resolution – Each student who has a Grievance shall make a reasonable effort to resolve the matter on an informal basis prior to requesting a Grievance hearing, and shall attempt to solve the problem with the person with whom the student has the Grievance, that person's immediate supervisor, or the local college administration.
The Superintendent/President shall appoint an employee who shall assist students in seeking resolution by informal means. This person shall be called the Grievance Officer. The Grievance Officer and the student may also seek the assistance of the Associated Student of Mendocino College in attempting to resolve a Grievance informally.
Informal meetings and discussion between persons directly involved in a Grievance are essential at the outset of a dispute and should be encouraged at all stages. An equitable solution should be sought before persons directly involved in the case have stated official or public positions that might tend to polarize the dispute and render a solution more difficult. At no time shall any of the persons directly or indirectly involved in the case use the fact of such informal discussion, the fact that a Grievance has been filed, or the character of the informal discussion for the purpose of strengthening the case for or against persons directly involved in the dispute or for any purpose other than the settlement of the Grievance.
Any student who believes they have a Grievance shall file a Statement of Grievance with the Grievance Officer within ten days of the incident on which the Grievance is based, or ten days after the student learns of the basis for the Grievance, whichever is later. The Statement of Grievance must be filed whether or not the student has already initiated efforts at informal resolution, if the student wishes the Grievance to become official. Within three days following receipt of the Statement of Grievance Form, the Grievance Officer shall contact the student, confirm the nature and content of the grievance; explain the procedures as described in this document; and provide the timeline for the next steps, .

The Grievance Officer will have ten days to review and respond to the grievance.

If there is no informal resolution of the complaint which is satisfactory to the student, the student shall have the right to request a Grievance hearing. They must submit that request within three days of the Grievance Officer's response.

Grievance Hearing Committee - The Superintendent/President or designee shall appoint a Grievance Hearing
Committee as needed which shall be constituted in accordance with the following:

• It shall include one student, one faculty member, one member of the classified staff and one College administrator.
• No person shall serve as a member of a Grievance Hearing Committee if that person has been personally involved in any matter giving rise to the Grievance, has made any statement on the matters at issue, or could otherwise not act in a neutral manner. Any Party to the Grievance may challenge for cause any member of the hearing committee prior to the beginning of the hearing by addressing a challenge to the Superintendent/President who shall determine whether cause for disqualification has been shown. If the Superintendent/President feels that sufficient ground for removal of a member of the committee has been presented, the Superintendent/President shall remove the challenged member or members and substitute a member or members from the panel described above. This determination is subject to appeal as defined below.
• The Grievance Officer shall sit with the Grievance Hearing Committee but shall not serve as a member nor vote. The Grievance Officer shall coordinate all scheduling of Hearings, shall serve to assist all Parties and the Hearing Committee to facilitate a full, fair, and efficient resolution of the Grievance, and shall avoid an adversary role.

Request for Grievance Hearing – Any request for a Grievance Hearing shall be filed on a Request for a Grievance
Hearing Form within three days after receiving the response from the Grievance Officer as described above.
Within fifteen days following receipt of the request for Grievance Hearing, the Superintendent/President or designee shall appoint a Grievance Hearing Committee as described above, and the Grievance Hearing Committee shall meet in private and without the Parties present to select a chair and to determine on the basis of the Statement of Grievance whether it presents sufficient grounds for a hearing.
The determination of whether the Statement of Grievance presents sufficient grounds for a hearing shall be based on the following:

• The statement contains facts which, if true, would constitute a Grievance under these procedures;
• The Grievant is a student as defined in these procedures, which include applicants and former students;
• The Grievant is personally and directly affected by the alleged Grievance;
• The Grievance was filed in a timely manner;
• The Grievance is not clearly frivolous, clearly without foundation, or clearly filed for purposes of harassment.

If the Grievance does not meet each of the requirements, the Grievance Hearing Committee chair shall notify the student in writing of the rejection of the Request for a Grievance Hearing, together with the specific reasons for the rejection and the procedures for appeal. This notice will be provided within three days of the date the Grievance
Hearing Committee makes its decision.

If the Request for Grievance Hearing satisfies each of the requirements, the College Grievance Officer shall schedule a Grievance hearing. The hearing will begin within ten days following the decision to grant a Grievance Hearing. All Parties to the Grievance shall be given not less than seven days notice of the date, time and place of the hearing.
Hearing Procedure
The decision of the Grievance Hearing Committee chair shall be final on all matters relating to the conduct of the hearing unless there is a vote of a majority of the other members of the panel to the contrary.
The Grievance Officer will provide members of the Grievance Hearing Committee with a copy of the Grievance and any written response provided by the Respondent before the hearing begins.
Each Party to the Grievance may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
Unless the Grievance Hearing Committee determines to proceed otherwise, each Party to the Grievance shall be permitted to make an opening statement. Thereafter, the Grievant or Grievants shall make the first presentation, followed by the Respondent or Respondents. The Grievant may present rebuttal evidence after the Respondent(s)' evidence. The burden shall be on the Grievant or Grievants to prove by substantial evidence that the facts alleged are true and that a Grievance has been established as specified above.
Each Party to the Grievance may represent themself, and may also have the right to be represented by a person of their choice; except that a Party shall not be represented by an attorney unless, in the judgment of the Grievance
Hearing Committee, complex legal issues are involved. If a Party wishes to be represented by an attorney, a request must be presented not less than five days prior to the date of the hearing. If one Party is permitted to be represented by an attorney, any other Party shall have the right to be represented by an attorney. The hearing committee may also request legal assistance through the Superintendent/President. Any legal advisor provided to the hearing committee may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it.
Hearings shall be closed and confidential unless all Parties request that it be open to the public. Any such request must be made no less than five days prior to the date of the hearing.
In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all Parties and the committee agree to the contrary.
The Grievance Officer will record the hearing by audio or video recording, and this will be the only recording made.
No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by audio, the Grievance Hearing Committee Chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. The recording shall remain in the custody of the District, either at the college or the District office, at all times, unless released to a professional transcribing service. Any Party may request a copy of the recording.
All witnesses must testify under oath; the Grievance Hearing Committee Chair will administer the oath. The Grievance

Hearing Committee will only admit written statements of witnesses under penalty of perjury if the witness is unavailable to testify. A witness who refuses to be recorded shall be considered to be unavailable.
Within ten days following the close of the hearing, the Grievance Hearing Committee shall prepare and send to the Superintendent/President a written decision. The decision shall include specific factual findings regarding the Grievance and shall include specific conclusions regarding whether the hearing established a Grievance as defined above. The decision shall also include a specific recommendation regarding the relief for the Grievant, if any. The Grievance Hearing Committee will base its decision only on the record of the hearing, and not on matters outside of that record. The record consists of the original Grievance, any written response, and the oral and written evidence produced at the hearing.
Appeal: Any appeal relating of a Grievance Hearing Committee decision that the Statement of Grievance does not present a Grievance as defined in these procedures shall be made in writing to the Superintendent/President within five days of that decision. The Superintendent/President shall review the Statement of Grievance and Request for Grievance Hearing in accordance with the requirements for a Grievance provided in these procedures, but shall not consider any other matters. The Superintendent/President’s decision whether or not to grant a Grievance Hearing shall be final and not subject to further appeal.

Superintendent/President's Decision
Within ten days following receipt of the Grievance Hearing Committee's decision and recommendation(s), the Superintendent/President or designee shall send to all Parties their written decision, together with the Hearing Committee's decision and recommendations. The Superintendent/President may accept or reject the findings, decisions, and recommendations of the Hearing Committee. The factual findings of the Hearing Committee shall be accorded great weight; and if the Superintendent/President does not accept the decision or a finding or recommendation of the Hearing Committee, the Superintendent/President shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions. The decision of the Superintendent/President shall be final.

Time Limits
Any times specified in these procedures may be shortened or lengthened if there is mutual concurrence by all Parties.

References: Education Code Section 76224 subdivision (a);

ACCJC Accreditation Eligibility Requirement 20; ACCJC Accreditation Standard 2
Student Grievance Process Form - Fillable.pdf (112 KB)

Student credit cards may be marketed only with authorization by the Superintendent/President or designee and only at sites designated by campus administration.

Marketers of student credit cards are prohibited from offering gifts to students for filing out credit card applications.

Credit card and debt education information provided by nonprofit credit counseling organizations shall be available at the table of the company promoting the services.

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

The intercollegiate athletics programs at Mendocino College are operated by the District and governed by the Athletic Code of the Community College League of California (CCLC) and by the constitution of the California Community College Athletic
Association (CCCAA). The Athletic Director, or designee, has been delegated authority to determine individual eligibility according to the CCLC, CCCAA, and College regulations. Individual team coaches are directly responsible to the Athletic
Director, or designee, for governance of their own teams and enforcement of established policies and eligibility rulings.
Rules Governing Athletic Eligibility
All rules of the CCCAA and the team’s respective conference are applicable to Mendocino College athletes.
Additionally: Each athlete must have completed both the College and conference eligibility procedures before becoming eligible for any contest, game, meet, match, or scrimmage, including completion of and signature on the college declaration form regarding California Education Code 67362, which prohibits participation in intercollegiate athletics by a student-athlete who has been convicted as an adult of specified crimes.
The College’s Athletics Department complies with California Community College Athletics Association bylaw article 1.5.4
F and G regarding adherence to Title IX Education Amendments of 1972.
When the Athletic Director, or designee, and team coach are notified that an athlete is ineligible, said athlete may not participate until the supervising administrator or designee certifies that the athlete has become eligible.
Each athlete must have a physical, completed by a licensed physician and be approved for competition by a College
Athletic Trainer before participation in a College practice or official competition.

Compliance Procedures
The College submits the Equity in Athletics Disclosure Act (EADA) report in October of each year. All coeducational institutions of higher learning that participate in any Federal student financial aid program and have intercollegiate athletics programs must provide the information for the report. The report tracks athletics revenues, expenses, salaries, gender of personnel in coaching positions (head and assistant), and the number of men and women student athletes. A copy of the report is submitted to the Superintendent/President.
The College submits the CCCAA Statement of Compliance Form R-1 to the Executive Director of the CCCAA and the appropriate team conference commissioner. The form certifies that the college athletics administrator has reviewed the contents, interpretations, and implications of the current CCCAA Constitution and Bylaws with college staff, employees, representatives, and each person who works with the athletics department. There is a special emphasis on rules of recruitment, eligibility, decorum, and sports season. The Superintendent/President, Administrative Representative, and the Athletic Director sign the form.
The College also submits the Statement of In-Service Training Form R-2. This form requires each college representative to certify that they have received in-service training on current CCCAA Constitution and Bylaws. The College

representatives affirm that they will adhere to the CCCAA rules and regulations, and violations of the CCCAA rules and regulations may subject them, the program, and the College to penalties.
At the beginning of each sport season, all required California Community College Athletic Association and College forms are completed for each student-athlete. These forms are verified by the Athletic Director, or designee, and team coach and submitted to the CCCAA and appropriate conference Commissioner.
During the semester, each student’s schedule is reviewed to ensure that athletes are continuously enrolled in a minimum of twelve (12) semester units during the semester of sport, nine (9) of which must be working toward their educational plan.

Name, Image, Likeness, and Athletic Reputation

Prospective Student-Athlete: The District will not provide a prospective student-athlete with compensation in relation to the athlete’s name, image, likeness, or athletic reputation.

Student-Athletes: The District will not prevent a student participating in intercollegiate athletics from either earning compensation as a result of the use of the student-athlete’s name, image, likeness, or athletic reputation, or from obtaining professional representation by duly licensed athletic agents or attorneys. However, a student-athlete may not enter into a contract that provides compensation to the student-athlete for their name, image, likeness, or athletic reputation if the contract conflicts with a provision of the student-athlete’s team contract.

A student who enters into a contract providing compensation for use of the student’s name, image, likeness, or athletic reputation must disclose the contract to the Athletic Director. If the District determines that a conflict between the student- athlete’s contract and the student-athlete’s team contract, the Athletic Director will disclose the conflict to the student or student’s legal representative, if any, and identify the contractual provisions that conflict.

Any team contract entered into, modified or renewed on or after September 1, 2021 will not prevent a student-athlete from using their name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities.

A student-athlete’s scholarship eligibility will not be impacted as a result of the student earning compensation for their name, image, likeness, or athletic reputation, if applicable.

The District will not revoke a student-athlete’s scholarship that provides the student-athlete with the cost of attendance as a result of the student-athlete earning compensation or obtaining legal representation in accordance with state law.

References
Education Code Sections 66271.6, 66271.8, 67360 et seq., 67456, and 78223; 20 U.S. Code Sections 1681 et seq.; Community College Athletic Association (CCCAA) Constitution and CCCAA Bylaws

1. The Purpose of the Identity Theft Prevention Program

The purpose of this Identity Theft Prevention Program (ITPP) is to control reasonably foreseeable risks to students from identity theft, by providing for the identification, detection, and response to patterns, practices, or specific activities ("Red
Flags") that could indicate identity theft.

1. Definitions

"Identity theft" is a fraud attempted or committed using identifying information of another person without authority.

A "creditor" includes government entities who defer payment for goods (for example, payment plans for bookstore accounts or parking tickets), issued loans or issued student debit cards. Government entities that defer payment for services provided are not considered creditors for purposes of this ITPP.

"Deferring payments" refers to postponing payments to a future date and/or installment payments on fines or costs.

A "covered account" includes one that involves multiple payments or transactions.

"Person" means any individual who is receiving goods, receives a loan, and/or is issued a debit card from the District and is making payments on a deferred basis for said goods, loan, and/or debit card.

Detection or discovery of a "Red Flag" implicates the need to take action under this ITPP to help prevent, detect, and correct identity theft.

1. Procedures for Detecting Red Flags For Potential Identity Theft
2. Risk Factors for Identifying "Red Flags"

The District will consider the following factors in identifying relevant "Red Flags":

1. the types of covered accounts the District offers or maintains;
2. the methods the District provides to open the District's covered accounts;
3. the methods the District provides to access the District's covered accounts; and
4. the District's previous experience(s) with identity theft.
5. Sources of "Red Flags"

The District will continue to incorporate relevant "Red Flags" into this ITPP from the following sources:

1. incidents of identity theft that the District has experienced;
2. methods of identity theft that the District identifies that reflects changes in identity theft risks; and
3. guidance from the District's supervisors who identify changes in identity theft risks.
4. Categories of "Red Flags"

The following "Red Flags" have been identified for the District's covered accounts:

1. Alerts, Notifications, or Warnings from a Consumer Reporting Agency:
2. A fraud or active duty alert is included with a consumer report the District receives as part of a background check.
3. A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
4. A consumer reporting agency provides a notice of address discrepancy. An address discrepancy occurs when an address provided by a student substantially differs from the one the credit reporting agency has on file. See Section (V)(9) for specific steps that must be taken to address this situation.
5. A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant, such as:
6. A recent and significant increase in the volume of inquiries;
7. An unusual number of recently established credit relationships;
8. A material change in the use of credit, especially with respect to recently established credit relationships; or
9. An account that was closed for cause or identified for abuse of account privileges by a creditor or financial institution.
10. Suspicious Documents:
11. Documents provided for identification appear to have been forged or altered.
12. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
13. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
14. Other information on the identification is not consistent with readily accessible information that is on file with the District, such as a signature card or a recent check.
15. An application appears to have been altered or forged, or gives the appearance of having been destroyed or reassembled.
16. Suspicious Personally Identifying Information:
17. Personal identifying information provided is inconsistent when compared against external information sources used by the District. For example:
18. The address does not match any address in the consumer report; or

ii. The Social Security Number (SSN) has not been issued, or is listed on the Social
Security Administration's Death Master File.

1. Personal identifying information provided by a person is not consistent with other personal identifying information provided by the person. For example, there is a lack of correlation between the SSN range and date of birth.
2. Personal identifying information is associated with known fraudulent activity as indicated by internal or third-party sources use by the District. For example:
3. The address on an application is the same as the address provided on a fraudulent application;

ii. The phone number on an application is the same as the phone number provided on a fraudulent application.

1. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the District. For example:
2. The address on an application is fictitious, a mail drop, or a prison; or

ii. The phone number is invalid, or is associated with a pager or answering service.

1. The SSN provided is the same as that submitted by other persons currently being served by the District.
2. The address or telephone number provided is the same or similar to the account number or telephone number submitted by an unusually large number of other persons being

served by the District.

1. The person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
2. Personal identifying information provided is not consistent with personal identifying information that is on file with the District.
3. The person opening the covered account cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
4. Unusual Use Of - Or Suspicious Activity Relating To A Covered Account:
5. A new covered account is used in a manner that is commonly associated with known patterns of fraud patterns. For example, a person makes a first payment, but there are no subsequent payments made.
6. A covered account is used in a manner that is not consistent with established patterns of activity on the account. For example, there is:
7. Nonpayment when there is no history of late or missed payments; or

ii. A material change in electronic fund transfer patterns in connection with a payment.

1. A covered account that has been inactive for a reasonably lengthy period of time is suddenly used or active.
2. Mail sent to the person holding the covered account is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the person s covered account.
3. The District is notified that the person is not receiving paper account statements.
4. The District is notified of unauthorized transactions in connection with a person's covered account.
5. Notices from Customers/Persons, Victims of Identity Theft, Law Enforcement Authorities, or Other Businesses About Possible Identity Theft in Connection with Covered Accounts:
6. The District is notified by a person with a covered account, a victim of identity theft, a law enforcement authority, or any other person, that it has opened a fraudulent account for a person engaged in identity theft.
7. Measures to Detect "Red Flags"

The District shall do the following to aid in the detection of "Red Flags":

1. When a new covered account is open, the District shall obtain identifying information about, and information verifying the identity of, the student or other person seeking to open a covered account. Two forms of identification shall be obtained (at least one of which must be a photo identification).

The following are examples of the types of valid identification that a person may provide to verify the identity of the person seeking to open the covered account: valid state-issued driver's license, valid state-issued identification card, current passport, a Social Security Card, current residential lease, or copy of a deed to the person's home or invoice/statement for property taxes.

1. Persons with covered accounts who request a change in their personal information on file, such as a change of address, will have the requested changes verified by the District.

The person shall provide at least one written form of verification reflecting the requested changes to the personal information. For example, if an address change is requested, then documentation evidencing the new address shall be obtained. If a phone number change is requested, then documentation evidencing the new phone number, such as a phone bill, shall be obtained.

1. Preventing and Mitigating Identity Theft

One or more of the following measures, as deemed appropriate under the particular circumstances, shall be implemented to respond to "Red Flags" that are detected:

1. Monitor the covered account for evidence of identity theft;
2. Contact the person who holds the covered account;
3. Change any passwords, security codes, or other security devices that permit access to a covered account;
4. Reopen the covered account with a new account number;
5. Not open a new covered account for the person;
6. Close an existing covered account;
7. Not attempt to collect on a covered account or not sell a covered account to a debt collector;
8. Notifying law enforcement;
9. Where a consumer reporting agency provides an address for a consumer that substantially differs from the address that the consumer provided, the District shall take the necessary steps to form a reasonable belief that the District knows the identity of the person for whom the District obtained a credit report, and reconcile the address of the consumer with the credit reporting agency, if the District establishes a continuing relationship with the consumer , and regularly, and in the course of business, provides information to the credit reporting agency; or
10. Determine that no response is warranted under the particular circumstances.
11. Updating the ITPP

The District shall update this ITPP on an annual basis to reflect changes in risks to persons with covered accounts, or to reflect changes in risks to the safety and soundness of the District from identity theft, based on the following factors:

1. The experiences of the District with identity theft;
2. Changes in methods of identity theft;
3. Changes in methods to detect, prevent and mitigate identity theft;
4. Changes in the types of covered accounts that the District maintains;
5. Changes in the business arrangements of the District, including service provider arrangements.
6. Methods for Administering the ITPP
7. Oversight of the ITPP

Oversight by the District's Chief Information Officer shall include:

1. Assigning specific responsibility for the ITPP's implementation;
2. Reviewing reports prepared by the staff regarding compliance of the ITPP; and
3. Approving material changes to the ITPP as necessary to address changing identity theft risks.
4. Reports
5. In General. Staf f responsible for the development, implementation, and administration of this ITPP shall report to the Board of Trustees on an annual basis.
6. Contents of Report. The report shall address material matters to the ITPP and evaluate the following issues: the effectiveness of the policies and procedures in addressing the risk of identity theft in connection with opening new covered accounts and with respect to existing covered accounts; service provider arrangements; significant incidents involving identity theft and management's response; and recommendations for material changes to the ITPP.
7. Oversight of Service Provider Arrangements. Whenever the District engages a service provider to perform an activity in connection with one or more covered accounts the District shall take steps to ensure that the activity of the service provider is conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. To that end, the District shall require our service contractors, by contract, to have policies and procedures to detect relevant Red Flags that may arise in the performance of the service provider's activities, and either report the Red Flags to the District, or to take appropriate steps to prevent or mitigate identity theft.

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

The Assistant Superintendent/Vice President of Administrative Services is delegated authority from the Superintendent/President to supervise budget preparation and management; oversee fiscal management of the District; and contract for, purchase, sell, lease, or license real and personal property, in accordance with Board policy and law.
Responsibility for the development of internal policies and procedures consistent with the provision of this regulation remains with the Vice President of Administrative Services. This delegated authority is subject to the condition that certain of these transactions be submitted to the Superintendent/President for review and approval from time to time as determined by the Superintendent/President.

When transactions do not exceed the dollar limits established in the Public Contracts Code, the Education Code or other laws pertaining to the taking of competitive bids, the Assistant Superintendent/Vice President of Administrative Services may contract for goods, services, equipment and rental of facilities so long as the transactions comply with law and any limitations or requirements set forth therein. Furthermore, the Assistant Superintendent/Vice President of Administrative
Services may amend the terms and conditions of any contractual arrangement so long as the total expenditure of funds and period of contract do not exceed the limitations set forth in applicable law or regulation.

References: Education Code Sections 70902(D), 81644, 81655, and 81656; Public Contract Coe Sections 20651, 20658, and 20659

The Assistant Superintendent/Vice President of Administrative Services is hereby designated as the District officer authorized to sign warrants on behalf of the District.

Proper documentation regarding signing District warrants shall be filed with the County Superintendent of Schools.

The Assistant Superintendent/Vice President of Administrative Services will withhold approval of District warrants when:

Disbursement of the funds will result in the total amounts expended in any major account classification to exceed the amount budgeted.

Established procedures have not been followed to permit verification of authenticity of the expenditure.

References: Education Code Sections 85232 and 85233

The annual budget preparation shall support the goals outlined in the District's Educational Master Plan and Strategic Plan.

Budget estimates for both revenues and expenditures will be prudently realistic. Budgets shall be based on the fiscal conditions of the District and the most recent information received from the California Community College Chancellor's Office (CCCCO), California Community Colleges Association of Chief Business Officials (ACBO), Community College League of California
(CCLC), and the State of California Department of Finance and Legislative Analyst Office (LAO). Specified Board parameters shall be considered in development of the annual budget.

During the budget development process, a copy of the tentative budget including all budget assumptions will be presented to the Planning and Budgeting Committee for review and input by the constituent group committee.

As outlined in Title 5 Section 58305, the tentative budget shall be presented to the Board for approval and subsequently submitted to the County Office of Education no later than July 1 of each year with the final budget presented for Board approval no later than September 15 of each year. In addition, a public hearing on the budget shall be held on or before September 15 of each year.

On or before October 10, an electric copy of the adopted budget will be submitted to the California Community College
Chancellor's Office; inclusive of the 311 report.

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

Total amounts budgeted as the proposed expenditure for each major classification of expenditures shall be the maximum expended for that classification for the school year, except as specifically authorized by the Board.

Transfers may be made from the reserve for contingencies to any expenditure classification by written resolution of the Board, and must be approved by a two-thirds vote of the members of the Board.

Transfers may be made between expenditure classifications by written resolution of the Board, and may be approved by a majority of the members of the Board.

Excess funds must be added to the general reserve of the District, and are not available for appropriation except by resolution of the Board setting forth the need according to major classification.

References: Title 5 Sections 58305, 58307, and 58308

The Assistant Superintendent/Vice President of Administrative Services shall assure that the commonly accepted auditing standards for sound fiscal management are adhered to by including the following minimum standard procedures as part of the local institutional practice:

Provide for responsible stewardship of available resources.

Provide for safeguarding and managing District assets to ensure ongoing effective operations; maintenance of adequate cash reserves; implementation and maintenance of effective internal controls; determination of sources of revenues prior to making short-term and long-term commitments; establishment of a plan for the repair and replacement of equipment and facilities.

Provide for an organizational structure that incorporates a clear delineation of fiscal responsibilities and staff accountability.

Provide that appropriate administrators keep the Board current on the fiscal condition of the District as an integral part of policy and decision-making.

Provide for development and communication of fiscal policies, objectives and constraints to the board, staff and students.

Provide for an adequate management information system that gives timely, accurate and reliable fiscal information for planning, decision making and budgetary control.

Provide for appropriate fiscal policies and procedures and adequate controls to ensure that established fiscal objectives are met.

Provide a process to evaluate significant changes in the fiscal environment and make necessary and timely, financial and educational adjustments.

Provide both short-term and long-term goals and objectives, and broad-based input coordinated with District educational planning.

Procedures for determining allowability of costs in accordance with EDGAR Second Edition Subpart E Cost Principles.

Procedures to implement the requirements of 2 Code of Federal Regulations Part 200.305 governing payments.

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.

No later than 30 days prior to the sale of any debt issue, the District shall submit a report of the proposed issuance to the California Debt and Investment Advisory Commission through the Commission's online submittal system. The report of the proposed debt issuance shall include a certification by the District that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies.

No later than 21 days after the sale of the debt, the District shall submit a report of final sale to the California Debt and Investment Advisory Commission through the Commission's online submittal system. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the District shall provide each of the following documents, if they exist, along with the report of final sale:

Other disclosure document

Indenture

Installment sales agreement

Loan agreement

Promissory note

Bond purchase contract

Resolution authorizing the issue

Bond specimen

The District shall submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period. The annual report shall consist of the following information:

Debt authorized during the reporting period, which shall include the following: (1) Debt authorized at the beginning of the reporting period; (2) Debt authorized and issued during the reporting period; (3) Debt authorized but not issued at the end of the reporting period; and (4) Debt authority that has lapsed during the reporting period.

Debt outstanding during the reporting period, which shall include the following: (1) Principal balance at the beginning of the reporting period; (2) Principal paid during the reporting period; and (3) Principal outstanding at the end of the reporting period.

The use of proceeds of issued debt during the reporting period, which shall include the following: (1) Debt proceeds available at the beginning of the reporting period; (2) Proceeds spent during the reporting period and the purposes for which it was spent; and (3) Debt proceeds remaining at the end of the reporting period.

References: Government Code Section 8855; Title 4 Sections 6000 et seq.

The Superintendent/President or designee is responsible for investing the funds of the District that are not required for the immediate needs of the District. Funds so invested shall follow the investment policy approved by the Governing Board in accordance with the Government Code Sections cited below and the following:

Funds that are not required for the immediate needs of the District shall be prudently invested in order to earn a return on such investment.

The preservation of principal is of primary importance. Each transaction shall seek to ensure that capital losses are avoided, whether from securities or erosion of market value.

The investment program should remain sufficiently flexible to enable the District to meet all operating requirements that may be reasonably anticipated in any fund. After preservation of principal, liquidity is the objective.

In managing District investments, District officials should avoid any transactions that might impair public confidence.

Investments should be made with precision and care, considering the probable safety of the capital as well as the probable income to be derived. (See Government Code Section 53600.6 regarding solvency and creditworthiness.)

District funds maintained by the County Treasurer that are not required for the immediate needs of the District may be invested as follows:

County Treasurer's Investment Pool. Investment of District funds may be delegated to the County Treasurer. In accordance with county procedures, District funds may be pooled with other local agencies and invested by the County
Treasurer in accordance with the investment guidelines specified by Government Code Section 53635 and investment policies adopted by the County Board of Supervisors.

State's Local Agency Investment Fund (Government Code Sections 16429.1-16429.3). District funds not required for immediate needs of the District may be remitted to the State Local Agency Investment Fund (LAIF) for the purpose of investment (Government Code Section 16429.1). District funds deposited with the LAIF shall be invested by the State
Treasurer in securities prescribed by Government Code Section 16430, or the Surplus Money Investment Fund and as determined by the Local Investment Advisory Board (Government Code Section 16429.2).

Other Investments- Other investments as permitted by Government Code Sections 53600 et seq., and in particular
Government Code Sections 53601, 53601.8, 53635, and 53635.8 may be made by the Vice President of Administrative

Services subject to prior approval of the Governing Board.

References: Government Code Sections 53600 et seq.

Limits

Bids or quotations shall be secured as may be necessary to obtain the lowest possible prices as follows:

Purchase of goods or services up to the limits set out in the Public Contract Code will require documented quotes.

Purchase of goods or services in excess of the limits set out in the Public Contract Code will require formal advertised bids.

In securing bids and quotations, the District will avoid acquisition of unnecessary or duplicative items. Contracts involving expenditures that require competitive bidding require approval by the Board of Trustees prior to award.

Bid Specifications

Bid specifications shall include a definite, complete statement of what is required and, insofar as practical, shall include pertinent details of size, composition, construction, and/or texture of what is specified, and minimum standards of efficiency, durability, and/or utility required of what is specified. Additionally, when the use of a skilled and trained workforce to complete a contract or project is required, the bid documents and construction contracts shall state that the project is subject to the skilled and trained workforce requirement.

Notice Calling for Formal Advertised Bids

The District shall publish at least once a week for two weeks in a newspaper of general circulation published within the District or if there is no such paper, then in some newspaper of general circulation, circulated in the county, (and may post on the District's web site or through an electronic portal,) a notice calling for bids or proposals, stating the work to be done or materials or supplies to be furnished and the time and place when bids will be opened. The District may accept a bid that was submitted either electronically or on paper.

Bid and contract forms shall be prepared and maintained by the Vice President of Administrative Services or designee. All applicable statutory provisions and board policies shall be observed in preparation of the forms.

The Vice President of Administrative Services or designee shall be responsible for insuring that the bid specifications are sufficiently broad to encourage and promote open competitive bidding.

All bid notices for work to be done shall contain an affirmative statement requiring compliance with Labor Code Sections 1775 and 1776 governing payment of prevailing wages and Labor Code Section 1777.5 governing employment of apprentices. All bid submissions shall contain all documents necessary to assure compliance with these California Labor Code Sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete.

When required or determined to be appropriate, bids shall be accompanied by a certified or cashier's check, or bid bond, in the amount specified in the bid form, as a guarantee that the bidder will enter into contract and furnish the required contract bonds.
When no longer required for the protection of the District, any certified or cashier's check received shall be returned to the respective bidder.

The Vice President of Administrative Services or designee shall make available to the prospective bidders bid forms with sets of specifications and drawings and shall provide a convenient place where bidders, subcontractors, and material personnel may examine the specifications and drawings.

The Vice President of Administrative Services or designee shall provide an electronic copy of the plans and specifications and other contract documents to a contractor plan room service at no charge upon request from that contractor plan room.

When permitted, a deposit for sets of plans and specifications may be required and may be refunded when such documents are returned.

Awarding of Bids and Contracts

The awarding of bids and contracts shall be subject to the following conditions:

Any and all bids and contract proposals may be rejected by the District.

All bids shall be opened publicly and bidder shall be given the opportunity to make record of the bids received.

Bid and contract award recommendations to the Board shall show a tabulation of the bids received in reasonable detail.

Selection and Award to Lowest Responsible Bidder: Bid and contract awards shall be made to the lowest responsible bidder substantially meeting the requirements of the specifications. The District reserves the right to make its selection of materials or services purchased based on its best judgment as to which bid substantially complies with the quality required by the specifications.

Selection and Award Based on Best Value: For the purposes of bid evaluation and selection when the District determines that 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 provide for the selection of the lowest responsible bidder on the basis of best value.

"Best value" means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the Board, achieved through methods in accordance with this section and determined by objective

performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services.

The District will consider all of the following in a best value selection and award:

Price and service level proposals that reduce the District's overall operating costs, including end-of-life expenditures and impact.

Equipment, services, supplies, and materials standards that support the District's strategic acquisition and management program direction.

A procedure for protest and resolution in the request for proposal.

The District may also consider any of the following in a best value selection and award:

The total cost of the purchase, use, and consumption of equipment, supplies, and materials.

The operational cost or benefit incurred by the District.

The added value to the District, as defined in the request for proposal, of vendor-added services.

The quality and effectiveness of equipment, supplies, materials, and services.

The reliability of delivery and installation schedules.

The terms and conditions of product warranties and vendor guarantees.

The financial stability of the vendor.

The vendor's quality assurance program.

The vendor's experience with the provisions of equipment, supplies, materials, and services within the institutional marketplace.

The consistency of the vendor's proposed equipment, supplies, materials, and services with the District's overall supplies and materials procurement program.

The economic benefits to the local community, including, but not limited to, job creation and retention.

The environmental benefits to the local community.

The District will award a contract to the lowest responsible bidder, whose proposal offers the best value to the District based solely on the criterial set forth in the request for proposal. The District shall document its determination in writing.

The District shall issue a written notice of intent to award supporting its contract award and stating in detail the basis of the award. The notice of the intent to award and the contract file must be sufficient to satisfy an external audit.

The District shall publicly announce its award, identifying the bidder to which the award is made, the price proposal of the contractor awarded the contract, and the overall combined rating on the request for proposal evaluation factors. The announcement shall also include the ranking of the contractor awarded the contract in relation to all other responsive bidders and their respective price proposals and summary of the rationale for the contract award.

The District shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, as defined in Board Policy 3410 (Non-Discrimination), does not occur in the award and performance of contracts.

Purchase without Advertising for Bids

The Vice President of Administrative Services or designee is authorized to make purchases from firms holding public agency contracts without calling for bids where it appears advantageous to do so.

The Vice President of Administrative Services or designee may, without advertising for bids within the same District purchase or lease from other public agencies materials or services by authorization of contract or purchase order.

The Vice President of Administrative Services or designee may make purchases through the State of California Cooperative
Purchasing Program operated by the Department of General Services.

The Vice President of Administrative Services or designee may make purchases through the CollegeBuys Program for the Procurement of Goods and Services for Community College Districts, without conducting an independent local bidding process, if the District determines that doing so would result in a lower contract price upon the same terms, conditions and specification.

The Vice President of Administrative Services or designee is authorized to make purchases with a value between $5,000 and
$250,000 from a certified small business, microbusiness, or disabled veteran business enterprise.

Duration of Continuing Contracts for Services and Supplies

Continuing contracts for work or services furnished to the District are not to exceed five years. Contracts for materials and supplies are not to exceed three years.

Emergency Repair Contracts without Bid

When emergency repairs or alterations are necessary to continue existing classes or to avoid danger of life or property, the Vice
President of Administrative Services or designee may make a contract on behalf of the District for labor, materials and supplies without advertising for or inviting bids, subject to ratification by the Board.

Unlawful to Split Bids

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of the Public Contract Code requiring work to be done by contract after competitive bidding.

Record Retention

The District will retain records sufficient to detail the history of procurement. These records include: rationale for the method of procurement, selection of contract type, contractor selection and rejection, and the basis for the contract price.

Kindergarten-University Public Education Bond Act Projects

For projects funded by 2002, 2004, or 2006 Bond Funds, the Vice President of Administrative Services or designee will initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program for that project under Labor Code
Section 1771.7. The program will include:

Appropriate language concerning the wage requirements of Labor Code Sections 1720 et seq. in all bid invitations and public works contracts.

A pre-job conference with the contractor and subcontractors to discuss applicable federal and state labor law requirements.

Project contractors and subcontractors shall be required to maintain and, at designated times, furnish certified copies of weekly payroll containing a statement of compliance signed under penalty of perjury.

The District shall review, and if appropriate audit, the payroll records of the employees of the contractor and/or subcontractor. The review and audit shall be conducted by the Vice President of Administrative Services or designee or an independent third party, but not the third party with whom the District contracts to initiate and enforce a labor compliance program under Labor Code Section 1771.7.

If an investigation establishes that an underpayment of wages has occurred, the District shall withhold any contract payments, equal to the amount of underpayment and any applicable penalties.

The Vice President of Administrative Services or designee shall transmit a written finding that the District has initiated and enforced, or has contracted with a third party to initiate and enforce, the required labor compliance program, to the Director of the Department of Industrial Relations or any successor agency that is responsible for the oversight of employee wage and work hour laws.

References: Education Code Sections 81641 et seq.; Public Contract Code Sections 2600, 2600.5, 20103.7, 20112, 20650 et seq., and 22000 et seq.; Labor Code Sections 1770 et seq; Government Code Section 53060
2 Code of Federal Regulations Part 200.318
Title 5 Sections 59130 et seq.

Informal and Formal Bidding Procedures under the Uniform Public Construction Cost Accounting Act, adopted by resolution by the Board of Trustees

Public Projects are defined in Public Contract Code (PCC) Section 22002 subdivision (c) as construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, painting or repainting of or involving any publicly owned, leased or operated facility. Public projects estimated to cost up to the maximum allowed by PCC22032 shall be let to contract by procedures described below.

It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this procedure requiring work to be done by contract after competitive bidding.

All bid notices for work to be done shall contain an affirmative statement requiring compliance with Labor Code Sections 1775 and 1776 governing payment of prevailing wages and Labor Code Section 1777.5 governing employment of apprentices. All bid submissions must contain all documents necessary to assure compliance with these Labor Code sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete.

Public Projects funded by the Kindergarten-University Public Education Bond Acts of 2002 and 2004 and any future State Bond funds require that the District initiate and enforce a labor compliance program pursuant to Labor Code Section 1771.5.

Procedures Not Covered by this AP

When this procedure does not establish a process for bidding Public Projects, the procedures described in AP 6340.1 Bids and Contracts shall govern.

Contractors List

Lists of contractors shall be developed and maintained.

Award to Low Bidder; No Bids

All contracts must be awarded to the lowest responsible bidders. If two or more bids are the same and lowest, the District may accept the one it chooses. When no bids are received, the District may perform Public Projects with District employees or through a negotiated contract without further complying with this procedure.

Notice Inviting Informal Bids

When a Public Project anticipated to cost less than the maximum allowed by PCC22032 is to be performed, the District shall prepare a notice of the opportunity to bid. The notice must describe the project in general terms, state the time and place for the submission of bids and describe how to obtain more detailed information about the Project. The District shall mail the notice to all contractors for the category of work to be bid, as shown on the Contractors List. The District may also mail the notice to all construction trade journals. Other contractors or construction trade journals may also be notified at the discretion of the department soliciting bids. Mailing shall be completed at least ten days before bids are due.

Award of Informally-Bid Contracts

The Superintendent/President or designee for the District, is authorized to award informal contracts (defined as contracts for less than the maximum allowed by PCC22032), except those contracts described below.

Bids Exceed Informal Bidding Limit

If all informal bids received exceed the maximum allowed by PCC22032, and the District determines that the cost estimate was reasonable, the District may award the contract at up to the maximum allowed by PCC22032 to the lowest responsible bidder.
The contract must be approved by Resolution receiving a four-fifths (4/5) vote of the Board of Trustees.

Bid Documents for Formal Bids

The Superintendent/President or designee, will see that plans, specifications and working details for all Public Projects estimated to cost more than the maximum allowed by PCC22032 are adopted.

Notice Inviting Formal Bids

When a Public Project, which is anticipated to cost in excess of the maximum allowed by PCC22032 is to be performed, the District shall publish a notice inviting formal bids in a newspaper of general circulation. The notice shall be published at least 14 calendar days before the date of bid opening. The notice shall also be sent electronically, if available, by facsimile or electronic mail and mailed to all construction trade journals. The notice to construction trade journals shall be sent at least 15 calendar days before the date of bid opening. Other contractors or construction trade journals may also be notified, at the discretion of the department soliciting bids. Mailing shall be completed at least 30 days before the date of bid opening.

When Contractors List Has Not Been Prepared: Proprietary Product or Service

Notwithstanding the above:

If the District has not prepared a list of contractors for the particular category of work to be performed, the notice inviting bids shall be sent to each of the construction trade journals.

If the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to Public Contract Code Section 3400, the notice inviting informal bids may be sent exclusively to such contractors.

Contracts for Maintenance Work

Contracts for Maintenance Work may be bid pursuant to the Informal Bidding Procedures described above. Maintenance Work is routine, recurring work done for the preservation or protection of a public facility; minor repainting; landscape maintenance including mowing, watering, trimming, pruning, planting or replacement of plants, and servicing of irrigation systems; work performed to keep, operate, or maintain publicly owned water, power, or waste disposal systems.

Rejection of Bids; Re-solicitation; Use of District Employees

If the District intends to reject all bids, it must mail the apparent low bidder a written notice of the District's intent to reject the bid at least two business days prior to the hearing at which the bids will be considered.

After rejecting all bids, the District may:

abandon the project;

re-advertise the project; or

perform the work with District employees, after passing a resolution by a four-fifths (4/5) majority of the Board of Trustees declaring that the project can be performed more economically by District employees.

Emergency Procedures

When an emergency necessitates repair or replacement, contracts shall be awarded pursuant to the procedures described in AP 6340.1 Bids and Contracts.

References: Education Code Sections 81641 et seq.; Labor Code Sections 1770 et seq.; Public Contract Code Sections 20110 et seq., 20650 et seq., 22000 et seq.
(Uniform Public Construction Cost Accounting Act (Act))

The Director of Facilities Planning, Operations and Sustainability shall be responsible for the planning and programming of new construction, alterations and repairs of existing plants, and leasing of facilities that require state approval. This includes the planning and programming of college-initiated new construction, additions to existing plants, and major alterations and repairs of buildings and grounds.

The Director of Facilities Planning, Operations and Sustainability shall be responsible for preparation of drawings and specifications for new buildings, leased facilities, additions, major alterations and improvements of buildings and grounds together with estimates of costs.

The preliminary drawings, which shall cover all proposed facilities together with construction cost estimates, shall be submitted to the Board for approval and authorization to proceed with the working drawings and specifications. Upon completion, the working drawings, specifications and revised cost estimates, if any, will be submitted for approval to the California Community College Chancellor's Office and the State Department of General Services as required by statute in the name of the Board of Trustees.

The final working drawings and specifications, approved by the State Department of General Services and the California
Community College Chancellor's Office, together with revised estimates, if any, shall then be submitted to the Board of Trustees for adoption.

The letting of contracts for construction shall comply with procedures of the District regarding contracts that exceed the statutory minimums for competitive bidding. (See AP 6340 titled Bids and Contracts)

References: Education Code Section 81800; Public Contract Code Sections 20650 et seq. and 22000 et seq.

Whenever the District enters into a contract for the purchase, development, procurement, maintenance or use of any electronic or information technology, the vendor shall certify that it complies with the requirements of Section 508 of the Rehabilitation Act of 1973 and its related regulations. This requirement shall apply to software applications, operating systems, web-based intranet and internet information and applications, telecommunications products, video or multimedia products, self- contained closed products such as copiers, and desktop and portable computers.

Each contract with such a vendor shall contain the following provision:

"The vendor hereby warrants that the products or services to be provided under this agreement comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended, and its implementing regulations. Vendor agrees to respond promptly to and resolve any complaints regarding accessibility of its products or services that are brought to its attention. Vendor further agrees to indemnify and hold harmless the Mendocino-Lake Community College District from and against any claim arising out of its failure to comply with these requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement."

References: Government Code Section 7405 and 11135; Title 5 Sections 59300 et seq.; Section 508 of the Rehabilitation Act of 1973 (29 U.S. Code Section 794d); 36 Code of Federal Regulations Parts 1194.1 et seq.

The District may enter into personal services contracts to achieve cost savings when all of the following conditions are met:

It can be clearly demonstrated that the proposed contract will result in actual overall cost savings to the District.

The contractor's wages are at the industry's level and do not undercut District pay rates.

The contract does not cause the displacement of district employees.

The savings are large enough to ensure that employees will not be eliminated by private sector and District cost fluctuations that could normally be expected during the contracting period.

The amount of savings clearly justifies the size and duration of the contracting agreement.

The contract is awarded through a publicized, competitive bidding process.

The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor's hiring practices meet applicable nondiscrimination standards.

The potential for future economic risk to the District from potential contractor rate increases is minimal.

The contract is with a firm; and .

The potential economic advantage of contracting is not outweighed by the public's interest in having a particular function performed directly by the District.

Personal service contracts are also permissible when any one of the following conditions is met:

The contract is for new functions mandated or authorized by Legislature to be performed by independent contractors.

The services are not available within the District or cannot be satisfactorily performed by district employees.

The services are incidental to a purchase or lease contract.

The policy, administrative, or legal goals and purposes of the District cannot be accomplished through the regular or ordinary hiring process.

The work meets the criteria for emergency appointment.

Equipment, materials, facilities, or support services could not feasibly be provided by the District; or.

The services are of an urgent, temporary, or occasional nature.

Professional Experts - Contracts for the services of persons who qualify as professional experts may be let without competitive bidding. Professional experts are persons specially qualified to provide services and advise in financial, economic, accounting, engineering, legal or administrative matters. They must be specially trained, experienced and competent to perform the services required. Compensation for special services and advice from professional experts may be paid from available funds in the amounts deemed proper for the services rendered.

Independent Contractors - To be an independent contractor, substantial conformance with the following conditions must exist:

The contractor is free from the control and direction of the District in connection with the performance of the work, both under the contract for the performance of the work and in fact:

The contractor performs work that is outside the usual course of the District's business; and

The contractor is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

Contractors can't be fired so long as they produce a result that meets the contract specifications.

Contractors are responsible for the satisfactory completion of a job or they may be legally obligated to compensate the hiring firm for failure to complete.

Consultants - Consulting services contracts refer to all services that:

are of an advisory nature;

provide a recommended course of action or personal expertise;

have an end product which is basically a transmittal of information either written or verbal, and;

are obtained by awarding a procurement-type contract, a grant, or any other payment of funds for services of the above type.

The product may include anything from answers to specific questions to design of a system or plan, and includes workshops, seminars, retreats, and conferences for which paid expertise is retained by contract.

References: Education Code Sections 88003.1; Government Code Section 53060; Labor Code Sections 2775 et seq. and 3353 ; Public Contract Code Section 10335.5

On or before April 1 of the fiscal year, the Board shall approve the selection of an auditor who shall be a certified public accountant licensed by the California State Board of Accountancy.

An auditing firm's contract shall be for one year. The audit shall include all funds under the control or jurisdiction of the District.
The audit shall identify all expenditures by source of funds and shall contain:

a statement that the audit was conducted pursuant to standards and procedures developed in accordance with Education Code Section 84040.5 and

a summary of audit exceptions and management recommendations.

The District shall file an audit report with the California Community Colleges Chancellor's Office, and with other agencies specified in the Chancellor's Contracted District Audit Manual, for the preceding fiscal year no later than December 31, unless this date is extended by the California Community Colleges Chancellor's Office.

References: Education Code Sections 84040 subdivision (b), 84040.5, and 81644; Title 5 Section 59102; ACCJC Accreditation Standard 3

Mendocino-Lake Community College District supports and strives towards the vision laid out by the California Community
Colleges Board of Governors Climate.

Action and Sustainability Framework's 2025 Climate Action and Sustainability Goals.

District-wide, these goals shall be considered and whenever feasible, applied, when making decisions affecting: Greenhouse
Gas Emissions, Green Buildings and Grounds, Energy, Water, Waste, purchasing and procurement, Food Systems, and Transportation.

The Superintendent/President (or designee) shall submit a State of Facility Sustainability report to the Board periodically on the progress towards district-wide facility sustainability goals.

References: Government Code Sections 15814.30 and 15814.31
California Code of Regulations Title 5 Sections 57050-57055
California Community Colleges Board of Governors Energy and Sustainability Policy
Executive Order B-18-12
Assembly Bill 1826

The District has established safety protocols under the supervision of the Superintendent/President and/or designee in accordance with Section 72330 of the Education Code.

The Director of Facilities Planning, Operations, and Sustainability and/or designees shall be responsible for the dissemination of information regarding warnings about unsafe areas of campus and for ensuring that warning signs, barricades, caution cones, or other appropriate warning devices are in place around the affected area.

The Maintenance and Operations Department, under the direction of the Director of Facilities Planning, Operations, and Sustainability is responsible for the following:

Patrolling District properties and for the general security of persons and property. Matters of law enforcement are deferred to the associated law enforcement agency.

Maintaining campus lighting in proper working condition.

Ensuring trees, hedges, and other landscaping are pruned to support safety and security. If necessary, limited and occasional use of herbicides in certain outdoor areas to control weeds may occur. The products used shall be approved for school settings and will be applied by trained staff following all safety guidelines. This shall be noticed within 1000 feet of any application.

Managing keys and access control devices, and regulate access to District-owned, operated, or controlled properties and facilities, in alignment with the District's mission and in accordance with safety and security standards outlined in Administrative Procedure AP 3501 (Campus Security and Access).

Maintaining and securing physical security barriers and equipment including fences, gates, windows, doors, walls, locking hardware, and similar related items.

Maintaining and testing fire alarms, intrusion alarms and fire suppression systems.

Responding to alarm conditions, assessing conditions, assisting with evacuations, resetting alarms, and determining when it is safe to allow people to return into a building.

The Information and Instructional Technology Department is responsible for software and data security.

All District vehicles and drivers must comply with the California Vehicle Code and Title 13 (Motor Carrier Safety).

All drivers of District-owned or leased vehicles both on and off campus must have a current license appropriate for the vehicle to be driven.

All drivers of District-owned or leased vehicles that carry 15 or more persons including the driver must have a current Class B license, a current medical certificate and a current First Aid Certificate.

All District facilities maintaining vehicles defined as buses must keep records of driver's hours, vehicle maintenance, and vehicle inspection records. All of these records must be made available to the California Highway Patrol (CHP). The CHP is required to inspect the records at least once every 13 months.

All District vehicles with equipment for transporting the disabled must comply with all applicable laws and regulations regarding such vehicles.

The District shall not operate or lease a 15-passenger van unless the driver holds both a valid class B driver's license, and an endorsement for operating a passenger transportation vehicle issued by the Department of Motor Vehicles.

Vehicles made available to the District personnel are for use in the conduct and operation of District business.

Regular or occasional garaging of District-owned vehicles at any location other than the one assigned is permitted only with prior written approval. Home garaging shall meet any one of the criteria listed below:

Employees whose duties require regular or frequent reporting to locations other than their regular headquarters before or after regular working hours.

Employees who are regularly or frequently subject to call before or after regular working hours.

The Vice President of Administrative Services or designee is responsible for controlling access to and use of all District vehicles assigned to the District.

A completed and approved Employee Pull Notice (including the California driver's license number) of any employee to be authorized to drive District vehicles must be submitted to the Business Services Office prior to final granting of authorization.
Any employee operating a District vehicle must complete assigned defensive driving training.

References: Education Code Section 70902; ACCJC Accreditation Standard 3.8

As required by law, the District must provide the following forms of insurance:

Liability insurance for damages for death, injury to person, or damage or loss of property.

Liability insurance for the personal liability of the members of the Board and of the officers, employees and volunteers of the District for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of their office or employment.

Fire insurance

Real property damage

Personal property loss or damage

Insurance for District vehicles

Insurance against other perils as outlined in Education Code Section 81601

Workers' Compensation insurance

Actuarial evaluation of the future annual costs of health and welfare benefits

The requirement to provide insurance coverage has been met by the District joining in a joint powers agreement pursuant to Education Code Section 81603. Education Code Section 81602 specifically authorizes the District to contract for investigative, administrative and claims adjustment services. The contract may provide that the contracting firm may reject, settle, compromise and approve claims within limits and for amounts specified by the Board, including execution and issuing of checks in payment of such claims. The contract may also provide that the contracting firm may employ counsel.

References: Education Code Sections 70902, 72502, and 81601 et seq.

Periodically, the Vice President of Administrative Services or designee will circulate a request to all Departments to identify as surplus district property which is no longer in use and for which future use is not anticipated.

The Vice President of Administrative Services or designee will compile a master list of items identified and make the list available to all departments to determine whether any item considered surplus in one department would have value in another.

Upon determination that the items are of no use by any college department, the Vice President of Administrative Services will review the list and declare the items surplus. The list of surplus items will be presented to the Board of Trustees at least biannually.

The District may sell for cash any district personal property if the property is not required for District purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for use.

Property cannot be sold until notice has been given. Notice must be posted in at least three public places in the district for not less than two weeks; notice can also be by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation. If there is no such newspaper, then notice can be published in a newspaper having general circulation in the District; or if there is no such newspaper, then in a newspaper having general circulation in the county in which the District or any part thereof is situated.

The Vice President of Administrative Services or designee shall sell the property to the highest responsible bidder, or shall reject all bids.

Personal property authorized for sale as surplus property may also be disposed by means of a public auction conducted by employees of the District, or by other public agencies, or by contract with a private auction firm. The personal property shall be sold or transferred to the highest responsible bidder upon completion of the auction and after payment has been received by the District.

The District can also exchange for value, sell for cash, or donate any personal property belonging to the District without complying with the preceding procedures if all of the following criteria are met:

1. The District determines that the property is not required for District purposes, that it should be disposed of for the purpose of replacement, or that it is unsatisfactory or not suitable for school use.
2. The property is exchanged with, or sold or donated to, a school district, community college district, or other public entity that has had an opportunity to examine the property proposed to be exchanged, sold or donated.
3. The receipt of the property by a school district or community college district will not be inconsistent with any applicable district wide or school site technology plan of the recipient district.

If the Board of Trustees, by unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of $5,000, the property may be sold by the Vice President of Administrative Services or designee at a private sale without advertising.

Any item or items of property having previously been offered for sale as provided in Education Code 81450, but for which no qualified bid was received, may be sold by the Vice President of Administrative Services or designee at private sale without advertising.

In addition, the Board may sell or lease real property belonging to the District under the following conditions:

If a district has received only one sealed proposal from a responsible bidder that conforms with the standard rate or rates for the lease of its real property established by a majority vote of the Board, the Board may by majority vote delegate to an officer or employee the power to enter into leases, for and in behalf of the District, of any real property of the District.

Generally, the funds derived from the sale or from a lease with an option to purchase shall be used for capital outlay or deferred maintenance. However, the proceeds of property sold or leased that was first offered for park or recreational purposes where applicable and then offered for sale or lease with an option to purchase at fair market value may be deposited in the general fund of the district if, prior to the sale or lease, the Board has determined that the district has no anticipated need for additional sites or building construction for the five-year period following the sale of lease.

Reference: Education Code Sections 70902 subdivision(b)(6), 81360 et. seq., and 81450 et seq.

Capital Outlay Program

The Superintendent/President or designee will annually report to the Board and to the California Community Colleges
Chancellor's Office a five-year capital outlay program. The program will be informed by the Facilities Master Plan and consist of the plans of the District concerning its future academic and student service programs, and the effects of such programs on construction needs.

Specifically, the five-year capital outlay program will include the following:

Statement of educational plans

Statement of energy plans

Statement of disabled persons barrier removal plan

Location of program delivery

Location of other owned lands

District-wide priority lists

District-wide capacity/load ratios

District-wide supporting detail

Contracts

Construction contracts will be let in accordance with AP 6350.1 titled Contracts-Construction and will comply with applicable laws relating to public works.

Conversion of Buildings

State funds earmarked for capital outlay financing may be used to acquire an existing government-owned or privately-owned building and to pay the necessary costs of converting such a building to community college use if all of the following criteria apply:

The building was constructed as, and continues to qualify as, a school building, as provided by Education Code Sections
81130 et seq., or the building is determined to have, or is rehabilitated to an extent that it is determined to have, a pupil safety performance standard that is equivalent to that of a building constructed pursuant to Education Code Sections
81130 et seq. The determination of the pupil safety performance standard must meet all of the requirements of Education Code Section 81149(a)(1)&(2).

Excepting historically significant buildings, the total cost of purchasing and converting the existing building to community college use is not greater than the estimated cost of constructing an equivalent building.

The land associated with the building will be owned by, or controlled through a long-term lease of at least 50 years by the District.

The District has complied with facility site review guideline recommendations of the California Postsecondary Education
Commission pursuant to Education Code Section 66904.

The funding for the purchase and conversion of an existing building does not supersede funding for facilities that have previously been prioritized by the Board of Governors and are awaiting state funding.

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

The college and centers serve unique communities, each rich in tradition and history; and every building and learning space on a college campus or center has a personality and purpose of its own. The opportunity to name a District facility after an individual, family, organization, or flora and fauna needs to be considered on a case-by-case basis.

The naming of a building or place is a matter of serious, long-term commitment. The choice to give a personal name to a building implies permanence of that designation, both in terms of the designation itself and to the maintenance and refurbishment of the building. The naming opportunity thus has both moral and financial implications. The credentials, character, and reputation of each individual or group for whom the naming of a building is being considered shall be scrutinized and evaluated.

In the case of fundraising/capital campaigns (Major Donor Recognition Plan), a fundraising proposal must be submitted by the Mendocino College Foundation to the Superintendent/President and approved by the Board of Trustees. The proposal shall include the building(s) or facilities to be named, the proposed gift opportunity levels, and the method of recognition.

The Mendocino College Foundation will manage the donation processes for small landscape features, fountains, trees, gardens, benches, equipment or collections, campus donor walls or similar items are excluded from this procedure. All expenses, including procurement and installation shall be covered by those wishing to establish the memorial or commemorative item. The District reserves the right to approve, move, remove, or relocate memorials or commemorative items in the best interests of the campus and community.
All requests for the naming of college buildings, facilities and other properties are to be submitted in writing to the President's Policy Advisory Committee (PPAC), through the college president's office. Requests may come forward from any constituent group. The PPAC will see that the college's participatory governance process is followed. All accepted requests will be submitted to the Board of Trustees by the Superintendent/President.
Significant monetary contributions may, at the discretion of the Board of Trustees, be recognized by the naming of a campus area, building, educational center, or facility within the District.
Criteria for the naming of facilities in honor of meritorious service may be considered under rare circumstances. The naming of college buildings, facilities and other properties is a major decision that will be a permanent part of the college's history and should be undertaken with great care.

Guidelines

When a significant bequest, gift, or donation is given to the district, the superintendent/ president may recommend the naming of a building or facility in honor of the donor. The Board of Trustees will take into consideration the significance and amount of the proposed gift as either or both relate to the realization, completion, or enhancement of a facility or property or the enhancement of the program(s) consistent with the goals and interests of the college.

Monetary gifts should substantially cover the cost of the building or provide funding for that portion of the total cost not available through public funds. "Significant" in this context is deliberately not defined by specific standards or by a specific dollar amount, but the Board of Trustees suggests consideration be given to donations of $1 million or more.
Interpretation is meant to be flexible so that each situation may be judged on its own merits.

When no gift is involved the naming of a building or facility may be recommended to honor a group or individual who has provided exceptional meritorious service to the success of Mendocino College. At a minimum, the group or individual must have achieved unique distinction through campus leadership, service to students, service to the community, uncommon achievement, and/or contributions to the advancement of the mission and goals of the district. Decisions to name buildings or facilities after an individual as a result of non-monetary contributions shall be made under circumstances free from emotion and transitory pressures.

Alternative Recognition
Because there may be opportunities or requests to honor groups, events, individuals, or organizations for important but lesser contributions, the Board of Trustees may choose to recognize those contributions with permanent mounted or unmounted plaques that will become a part of the college's history. The process will follow the steps listed above. The plaque should include the person's/organization's name, an appropriate title, and, perhaps, a brief biographical sketch or explanation of the contribution made. The trustees shall agree as to position the plaque in a selected building or a site on the campus facilities.

Duration of Names
When a building or area has been named, the District will continue to use the name so long as the building or area remains in use and serves its original function.

In the event a building or facility is completely replaced with new construction, not due to a natural disaster, or its purpose is drastically altered through remodeling, the District reserves the right to add to or alter the naming opportunities of the facility. In such cases, the District reserves the right to assign a new name to the facility, or to solicit donations for naming opportunities.

(Example: the XYZ Humanities Hall might become the XYZ Student Center, to reflect the change in function of the building.)

Discontinuation of Recognition
If at any time circumstances change so that the continued use of an honorary name may compromise public trust, the Board may require removal or modification of the honorary name.

When a facility or area is proposed for renaming, District representatives will make reasonable efforts to inform, in advance, the original donors or honorees, or a known heir or family contact.

General Provisions

District facilities identified as Civic Centers or as designated public forums are available for community use when such use does not conflict with District programs and operations. Facility use shall be limited to places and times identified by the Vice
President of Administrative Services or designee but shall be sufficiently frequent, and available on specific dates and times, so as to allow meaningful use by outside groups. Not all college facilities are available for public use. For example, facilities with specialized equipment, such as science labs, are not available for rent. Except as provided in these procedures, or as authorized by law, no organizations shall be denied the use of District facilities because of the content of the speech to be undertaken during the use.

The Vice President of Administrative Services or designee is responsible for the coordination and implementation of these procedures. The Vice President of Administrative Services shall determine all applicable fees to be charged.

Outside the designated public forum areas, the following shall apply:

All user groups shall be required to provide the District with a hold harmless and indemnification agreement acknowledging that they will be financially responsible for any losses, damages, or injuries incurred by any person as a result of their use of the facilities.

All user groups shall also be required to provide a certificate of insurance with limits acceptable to the District or other proof of financial responsibility acceptable to the District.

Civic Centers

Eligible persons or groups may use District buildings or grounds designated as the Civic Center for public, literary, scientific, recreational, or educational meetings, or public agency meetings, or for discussion of matters of general or public interest, subject to this procedure.

The groups identified in Education Code Section 82542 subdivision (a) will be permitted, "when an alternative location is not available", as described in the statue, to use District facilities upon payment only of the following:

the cost of opening and closing the facilities, if no District employees would otherwise be available to perform that function as a part of their normal duties;

the cost of a District employee's presence during the organization's use of the facilities if it is determined that the supervision is needed, and if that employee would not otherwise be present as part of their normal duties;

the cost of custodial services, if the services are necessary and would not have otherwise been performed as part of the custodian's normal duties; and

the cost of utilities directly attributable to the organization's use of the facilities.

Except as provided herein, other groups shall be charged an amount not to exceed the direct costs or not to exceed the fair rental value of District facilities and grounds under its control. Direct costs shall include costs of supplies, utilities, custodial services, services of any other District employees, and contracted workers and salaries and benefits paid to District employees necessitated by the organization's use of District facilities. Additionally, except for classroom-based programs that operate after school hours and organizations retained by the college or District to provide instruction or instructional activities to students during school hours, direct costs shall also include costs for maintenance, repair, restoration, and refurbishment of college facilities and grounds used by the group.

The District shall maintain a fee schedule adopted by the Board that includes the hourly fee for each specific school facility and grounds.

The following shall be charged fair market value for the use of District facilities:

Any church or religious organization for the conduct of religious services, which may be conducted for temporary periods where the church or organization has no suitable meeting place for the conduct of such services.

Entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the students of the District or for charitable purposes.

The American Red Cross or other public agencies may use District facilities, grounds and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and the District will cooperate with those agencies in furnishing and maintaining services deemed by the Board of Trustees to be necessary to meet the needs of the community.

Rules for Facilities Use

Requests for use of the District's facilities must be made at least 10 business days in advance of the first date of use being requested. Requests shall be made to the Director of Facilities Planning, Operations, and Sustainability via the Facilities
Department on forms provided by the District. Authorization to use the District facilities shall be based on a reservation system and the priorities for student and other use detailed at the end of this Section.

NOTE: This request requirement does not apply to groups intending to use available designated public forums for expressive activities. Rules applicable to those areas are described in the procedure for Speech: Time, Place and Manner (Board Policy

#3900).

Permission to use District facilities shall not be granted for a period to exceed one fiscal year. No person or organization may be granted a monopoly on any facility. Recurring facility use agreements may be subject to a separate Memorandum of Understanding at the discretion of the Vice President of Administrative Services

Overnight camping on District facilities, including in the designated public forum areas, is prohibited. No person or organization may use any District facility for living accommodation purposes such as sleeping activities, or making preparations to sleep
(including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or other structure for sleeping, or doing any digging or earth breaking, or carrying on cooking activities.

All charges for the use of District facilities are payable 60 hours in advance.

Any persons applying for use of District property on behalf of any groups shall be a member of the groups and, unless they are an officer of the group, must present written authorization to represent the group. Each person signing an application shall, as a condition of use, agree to be held financially responsible in the case of loss or damage to District property.

The District may require security personnel as a condition of use whenever it is deemed to be in the District's best interests.

No person applying for use of District property shall be issued a key to District facilities.

Future facility requests may be denied on grounds included, but not limited to, abuse, or misuse of District property and failure to pay promptly for any damage to District property.

No alcoholic beverages, intoxicants, controlled substances, or tobacco in any form shall be brought onto the property of the District. Persons under the influence of alcohol, intoxicants, or controlled substances shall be denied participation in any activity.

Use of the facilities will comply with Board Policy 3570 (Use of Tobacco and Tobacco Related Products) and Board Policy 3550
(Drug Free Environment and Drug Prevention Program).

No structures, electrical modification, or mechanical apparatus may be erected or installed on District property without specific written approval by the Director of Facilities.

All decorative materials, including but not limited to draperies, hanging, curtains, and drops shall be made or treated with flame- retardant processes approved by the State Fire Marshal.

Priority for the Use of District Facilities will be as follows:

1. Student clubs and organizations
2. Fundraising entertainment or meetings where admission fees charged or contributions solicited are expended for the welfare of the students of the District.
3. Parent-teachers associations
4. School-community advisory councils
5. Other public or non-profit entities
6. All other allowable uses

References: Education Code Sections 82537 and 82542; Public Resources Code Section 42648.3; Title 5 Sections 59601 et seq.; Clark v. Community for Creative Non-Violence (1984) 468 U.S. 288, 104 S. Ct. 3065, 82 L.Ed.2d 221
AP6700.1 Facilities Use Fee Schedule-Expires 6.30.2026.pdf (196 KB)AP6700.1 Facilities Use Fee Schedule Effective
7.1.2026.pdf (86 KB)

In the case a Citizen Oversight Committee be required; they shall convene under the following parameters:

Purposes

To inform the public about the expenditure of bond revenues; To review and report on the proper expenditure of taxpayers’ money for school construction; and To advise the public as to the District's compliance with the Proposition 39 requirements as contained in the California Constitution.

Activities

Receive and review copies of the annual, independent performance audit; Receive and review copies of the annual, independent financial audit; Inspect school facilities and grounds to ensure that bond revenues are expended properly; Receive and review copies of any deferred maintenance proposals or plans developed by District; and Review efforts by District to maximize bond revenues by implementing cost-saving measures.

Members
The committee shall consist of at least seven members to serve for a term of two years and for no more than three consecutive terms. Members shall serve without compensation.

The committee shall be comprised of at least:

One member active in a business organization representing the business community located within the District; One member active in a senior citizen’s organization; One member active in a bona fide taxpayer’s organization; One member of a student both currently enrolled in District and active in a campus group. The student may serve up to six months after their graduation; One member active in the support and organization of a district

No employee, official, vendor, contractor, or consultant of District shall be appointed to the committee.

Assistance
The District shall provide the committee with any necessary technical or administrative assistance, as well as other resources, to publicize its conclusions.

These procedures are intended to promote safe and orderly movement of traffic within District property and for the safe and orderly parking of vehicles and bicycles.

All applicable provisions of the California Vehicle Code are expressly applicable both on and off paved roadways.

Parking of motor vehicles and bicycles is limited to specially designated areas. Vehicles or bicycles parked in violation of the provisions of this code are subject to fines, towing, or impoundment.

All persons who enter the college are charged with knowledge of the provisions of this procedure and are subject to the penalties for violations of such provisions.

In accordance with California Vehicle Code Section 21113, the District will enforce these procedures by contacting local law enforcement to issue citations.

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

The District shall establish a Safety Committee comprised of representatives of College constituent groups to identify safety concerns, develop recommendations, and assist management in the implementation of approved recommendations.
Recommendations developed by the Safety Committee shall be forwarded to the Vice President of Administrative Services who will bring them to the Planning and Budgeting Committee (PBC) as needed.

Facility Conditions and Concerns Reporting

Complaints regarding campus conditions shall be forwarded in writing, to the Director of Facilities Planning, Operations, and Sustainability. These will be forwarded to and be addressed by the Safety Committee. Concerns regarding the condition of offices, workrooms, classrooms, and break rooms shall be forwarded in writing to the Director of Facilities. When necessary, these will be forwarded to the Safety Committee, which shall review the complaint and recommend action.

If problems are not resolved within 30 days or a time specified by the Safety Committee, employees may report the problem to their Union President. For employees without union representation, they may report to the constituent group President.
Students may report to the Dean of Counseling and Retention .

The Vice President of Administrative Services, Safety Committee Chair and the union representative or constituent president shall meet and confer in an attempt to resolve such problems.

A report shall be published annually of all crimes committed on campus that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication.

A safety plan shall be prepared and posted or otherwise made available to students and employees.

Prevention activities increase awareness and minimize the potential for crisis in the workplace. Training is essential for all staff to learn how to recognize early warning signs, so that appropriate intervention can be provided for identified areas of conflict in the workplace.

Definitions

Crisis or conflict constitutes any inappropriate or unreasonable disruption that interferes with the normal functioning of your work.

Acts of violence include any physical action, whether intentional or reckless, that harms or threatens the safety of self, another individual or property.

A threat of violence includes any behavior that by its very nature could be interpreted by a reasonable person as intent to cause physical harm to self, another individual or property.

Workplace includes off-campus locations as well as college-sponsored activities where faculty, staff, or student employees are engaged in college business or locations where incidents occur as a result of the person's relationship to the college community.

Safety Responsibilities

Emergencies - Any employee shall immediately report any situation that threatens life or property and demands an immediate response of police, fire, or medical personnel by first dialing 911 and then notifying Campus Security.

Equipment and Sanitation - Should the duties of an employee require the use of equipment to ensure the safety of the employee, the District shall furnish such equipment. Complaints related to health safety, sanitation and working conditions shall be forwarded to Director of Facilities for review and recommendation.

Crisis and Conflict Intervention - Any employee experiencing an unsafe work condition should immediately contact their supervisor or the Director of Human Resources. The supervisor shall immediately notify the Director of Human Resources about any acts or threats of violence. The employee will be provided consultation regarding resources available to resolve the unsafe work condition.

It is the responsibility of all employees to immediately report threats, acts of violence or any other behavior which deliberately hurts or harms another person at the college to their immediate supervisor and to Campus Security. Such reports will be promptly and thoroughly investigated.

Employee Crisis Assistance Team – An Employee Crisis Assistance Team is established to provide regular training and advice to individuals and departments. Training activities may include, but not be limited to, skill development in conflict resolution, communication, anger management and early identification of unsafe working conditions in the workplace. The Crisis Assistance Team may include: Dean of Counseling and Retention, Director of Facility Planning, Operations and Sustainability (or designee), Director of Student Life and Support, Counselor/Coordinator- Health and Wellness, Director of Human Resources, Director of Enrollment Services, and the Vice President of Student Services. In matters relating to student conduct, the Dean of Counseling and Retention shall chair the committee. In matters of employee conduct, the Director of Human Resources shall chair the committee.

Team advising activities may include individual consultations, peer mediation, conflict resolution services, and referral to outside sources.

Immediately upon notification of an act of violence or threat of violence involving an employee, the team member notified will initiate Employee Crisis Assistance Team procedures as stated below.

Restraining Orders/Court Orders - An employee shall notify the Director of Facilities Planning, Operations, and Sustainability and the Director of Human Resources of any restraining orders/court orders when named as a plaintiff, and provide a copy of the order. In the event the supervisor is informed by an employee of a restraining order, the supervisor will contact the Director of Human Resources, ensure they are aware of it, and that they have a copy of the restraining order on file.

References:

California Occupational Safety and Health Administration (Cal/OSHA); Labor Code Sections 6300 et seq.
Title 8 Section 3203
Code of Civil Procedure Section 527.8; Penal Code Section 273.6

Scope
This procedure applies to the Mendocino-Lake Community College District, the District’s regional centers and District- controlled spaces. The determination of whether any District-controlled facility will be subject to this procedure will be made by the Vice President of Administrative Services on a case-by-case basis, taking into consideration factors including the location of the facility, facility attributes, and the terms of the pertinent lease agreement.

This procedure applies to all faculty and staff employed by, and to all departments within, the District. This procedure shall not apply to use of cameras for reasons unrelated to surveillance activity, including remote monitoring of facilities construction and progress, videotaping of athletic events for post-game reviews, and the use of cameras for legitimate educational purposes, cameras used for journalistic purposes, cameras used for communication between specific persons such as Zoom, Teams or similar platforms. Nor shall this procedure apply to cameras used by law enforcement in the following manners, so long as that use is consistent with the law enforcement agency policies and procedures: covert operations for the purpose of criminal surveillance; mobile cameras used in, on, or about law enforcement or parking services vehicles; body-worn or otherwise portable cameras used during the course of investigations or normal law enforcement functions; parking enforcement cameras; or law enforcement use pursuant to lawfully-issued warrant or other court order.

The existence of this procedure does not imply or guarantee that security cameras will be monitored in real time continuously or otherwise.

Definitions
As used within and for the purposes of this procedure, the following terms are defined as follows:

Chief of Security: the Director of Facilities Planning, Operations, and Sustainability or their designee.

Private areas: areas in which a person has a reasonable expectation of privacy, including, but not limited to, areas other than common areas, bathrooms, shower areas, locker and changing rooms and other areas where a reasonable person might change clothes. Additionally, areas designed for the personal comfort of District employees or the safeguarding of their possessions, such as lounges and locker rooms, and areas dedicated to medical, physical, or mental therapy or treatment shall be considered private areas for the purpose of this procedure.

Public areas: areas made available for use by the public including, but not limited to, campus grounds, parking areas, building exteriors, loading docks, areas of ingress an egress, classrooms, lecture halls, study rooms, lobbies, theaters,

libraries, dining halls, gymnasiums, recreation areas, and retail establishments. Areas of the District in which persons would not have a reasonable expectation of privacy, but to which access is restricted to certain District employees, such as storage areas, shall also be considered public areas for the purpose of this procedure.

Security camera: a camera used for monitoring or recording public areas for the purposes of enhancing public safety, discouraging theft and other criminal activities, and investigating incidents.

Security camera recording: a digital or analog recording of the feed from a security camera.

Security camera system: any electronic service, software, or hardware directly supporting or deploying a security camera.

Responsibilities and Authority

The Superintendent/President delegates responsibility for oversight of installation, maintenance, and utilization of security cameras and associated policies, standards, and procedures to the Chief of Security. This responsibility includes:

1. Creation, maintenance, and review of a campus strategy for the procurement, deployment, and use of security cameras, including this procedure;
2. Designation of the standard campus security camera system or service;
3. Authorizing the location and installation of all security cameras;
4. Authorizing the purchase of any new security camera systems;
5. Reviewing existing security camera systems and installations and identifying modifications required to bring them into compliance with this procedure;
6. Creating and approving campus standards for security cameras and their use; and
7. Enforcing and recommending updates to these procedures for the use of security cameras.

Control Elements

Training
All personnel involved in the installation, maintenance, or monitoring of security cameras will:

1. be instructed in the technical, legal, and ethical parameters of appropriate camera use; and
2. receive a copy of this procedure and authorizing Board Policy and provide a written acknowledgement that they have read and understood its contents.

Security Camera Placement

1. The Chief of Security shall be solely responsible for the oversight of temporary or permanent security cameras on campus. As such, the Chief of Security must approve all camera installations. Departments and offices may request the installation and use of additional security cameras by submitting a request to the Chief of Security. District centers, departments, and offices presently utilizing security cameras shall promptly advise the Chief of Security, who will review the location and utilization of the cameras and identify actions necessary to bring such usage into conformance with this procedure.
2. Consistent with the requirements of state law, security cameras utilized by the District will not record or monitor sound.

Audio recordings shall be prohibited unless permitted by law and specifically authorized by the Chief of Security.

1. Use of security cameras shall be limited to public areas. Video surveillance shall not be conducted in private areas of the campus unless specifically authorized by the Chief of Security pursuant to a lawfully-issued search warrant or other court order. Where security cameras are permitted in private areas, they will, to the maximum extent possible, be used narrowly to protect persons, money, real or personal property., documents, supplies, equipment, or pharmaceuticals from theft, destruction, or tampering.
2. Security cameras shall not be directed at the windows of any privately-owned residence.

Security Camera Monitoring and Review

1. The Chief of Security may monitor and review security camera feeds and recordings as needed to support investigations and to enhance public safety. It is not intended or expected that security cameras will be routinely monitored in real time.
2. With the prior approval of the Chief of Security, other District personnel may monitor and review security camera live feeds and recordings for purposes of public safety as directed by the Chief of Security or the Assistant Superintendent/Vice President of Administrative Services.
3. Monitoring individuals based on protected characteristics such as race, gender, gender identity, gender expression, ethnicity, sexual orientation, or disability is prohibited.
4. No person may use or view security camera live feeds or recordings for any personal reason, including personal interests.

Use of Recordings

With the approval of the Chief of Security, security camera recordings, shall be used for the purposes of enhancing public safety, discouraging theft and other criminal activities and investigating incidents, including releasing recordings to external law enforcement agencies on request when pursuant to lawfully-issued warrant or other court order, or when relevant to an investigation of a crime or incident on campus, and when approved by the Chief of Security.

The District will not place or direct security cameras in order to conduct personnel investigations, such as determining workplace attendance or work quality. However, the District may use routine security camera recordings to support discipline against employees or students. The District may use security camera recordings in a civil suit or other proceeding involving the person whose activities are shown in the recording if the recording relates to the proceeding. Information obtained in violation of this procedure may not be used in a disciplinary proceeding against a District student or employee.

Security camera recordings with information about a specific student are considered law enforcement records unless the District uses the recording for student disciplinary purposes or makes the recording part of the educational record under the Family

Educational Rights and Privacy Act or relevant provisions of the California Education Code.

Protection and Retention of Security Camera Recordings

Video footage will be stored on servers accorded appropriate computer security with access by authorized personnel only. The Chief of Security is responsible for establishing a retention period for security camera recordings. The Chief of Security will maintain a log of all persons who access security camera recordings, including the requestor's name, date of request, the reason for the request, approximate date and time of incident, approver's name, and date of approval.

Release of Recorded Material

Requests for the release of security camera recordings must be approved by the Chief of Security. Requests for release of recorded material set forth in public records act request, subpoenas, search warrants, or other legal documents seeking disclosure should be submitted to the Vice President of Administrative Services.

Compliance

It shall be the responsibility of the Chief of Security to see that records related to the use of security cameras and recordings from security cameras are sufficient to demonstrate compliance with this procedure. Departments that maintain or support security camera technology must also maintain records and configure systems to ensure compliance with this procedure. Before procuring security camera systems, departments will need to ensure compatibility with the system identified as the campus standard by the Chief of Security.

References: California Occupational Safety and Health Administration (Cal/OSHA); Labor Code Sections 6300 et seq.; Title 8 Section 3203; Code of Civil Procedure Section 527.8; Penal Code Section 273.6

The District must post at least one CAL/OSHA Notice in each location where business is conducted in a conspicuous place where notices to employees are customarily posted.

Where employers are engaged in activities that are physically dispersed such as construction or transportation, the notice required shall be posted at each location to which employees report each day.

Where employees do not usually work at, or report to, a single location the notice or notices shall be posted at the location or locations from which the employees operate to carry out their activities.

Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material.

The notice shall inform employees that employers who use any substance listed as a hazardous substance by Cal/OSHA regulations must provide employees with information on the contents of Safety Data Sheets (SDS) or equivalent information about the substance which trains employees to use the substance safely.

The notice must also state that the employer is required to make available on a timely and reasonable basis a SDS on each hazardous substance in the workplace upon request of an employee, collective bargaining representative, or an employee's physician.

The notice must also state that employees have the right to see and copy the medical record and other records of employee exposure to potentially toxic materials or harmful physical agents.

The Chemical Hygiene Plan shall further describe safe handling and disposal of hazardous materials.

If the District is required to conduct tests or to engage in monitoring or measuring to determine employee exposure to hazards by specific standards it shall notify the affected employee or employees or their representative, prior to commencement of the date, time and place of the testing, monitoring, or measuring of employee exposure.

The District must provide the an employee or employees, or their representatives with the opportunity to observe the testing, sampling, monitoring or measuring undertaken pursuant to such standards.

Whenever any employee has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by applicable standard, order, or special order, the District must promptly notify any employee so affected in writing of the fact that the employee has been exposed, and of the corrective action being taken.

References: 29 U.S. Code Section 651; Title 8 Sections 340 et seq.