ARTICLE I: AUTHORITY AND PURPOSE
These procedures are established pursuant to Section
41304 of Title 5 of the California Code of Regulations. They govern
determinations under Article 2, Subchapter 4, Chapter 1, Division 5 of
that Code and other state and federal laws which require institutional
hearings.
ARTICLE II: DEFINITIONS
1. The term "campus" means a campus of the
California State University.
2. The term "campus official" includes any person
employed by a campus, performing assigned administrative or professional
responsibilities.
3. The term "Coordinator of University Student
Discipline" means a campus official or officials assigned by the
President to be in charge of the administration of these procedures and to
perform the duties prescribed in these procedures.
4. The term "hearing officer"
means a person or persons appointed by the President to determine
whether a student has violated the Student Code and to recommend
imposition of sanctions.
5. The term "may" is
used in the permissive sense.
6. The term "President" refers to the chief
executive officer of a campus or that person's designee.
7. The term "shall" is used in the
mandatory sense.
8. The term "student" means any person taking
courses at a campus, both full~ime and part time, including summer
session, special session and Extended Education.
9. The term "Student Code" is defined
as the causes for discipline listed in Section 41301 of Title 5 of the
California
Code of Regulations.
10. The term "working day" shall mean
any day during the academic year, summer session and special session other
than a Saturday, Sunday, academic holiday of a campus as that term is used
in Section 42800 of Title 5 of the California Code of Regulations.
ARTICLE III: DUTIES OF PRESIDENT
1. Use of Attorneys
The President shall determine whether
attorneys may be used in any or all parts of these proceedings. The
inclusion or exclusion of attorneys from any or all parts of these
'proceedings shall apply equally to the campus and the student charged.
Exclusion of attorneys or all pads of these proceedings does not
prohibit the campus or the student charged from consulting an attorney,
nor does it prohibit the hearing officer from being an attorney.
2. Assign Coordinator of
University Student Discipline
The President shall assign a campus official or
officials to be the Coordinator of University Student Discipline.
3. Appoint Hearing
Officers
The President shall appoint one or
more persons to seine as Hearings Of ricers. Hearing Officers may be
campus officials, attorneys who are admitted to practice law in
California or administrative law judges from the Office of
Administrative Hearings. Subordinates of the Coordinator of University
Student Discipline and any person who is a percipient witness of the
events giving rise to a particular case are ineligible to serve as a
Hearing Officer on that case.
4. Final Decision
The President shall have the
responsibility of making the final decision regarding disciplinary
action after reviewing a Hearing Off~cer's written report
5. Notification of Decision
The President shall cause notice of his or her
decision to be sent to the student charged as provided in Section 6.b.
of Article IX.
6. Delegation of Duties
The duties of the President may be delegated to
individual designees who are campus of finals.
ARTICLE IV: DUTIES OF COORDINATOR
OF
UNIVERSITY STUDENT DISCIPLINE
1. Appointment
The Coordinator of University Student Discipline shall
serve at the pleasure of the President.
2. Decision to Initiate
Disciplinary Action
The Coordinator of University Student
Discipline shall make the decision as to whether disciplinary action
shall be taken.
3. Scheduling of Hearings
The Coordinator of University Student
Discipline shall make the physical and scheduling arrangements for
hearings held under these procedures.
4. Campus Representative
The Coordinator of University Student
Discipline shall represent the campus in all hearings.
5. Notification to Victims of
Sexual Assault or Physical Abuse
The Coordinator of University Student
Discipline shall notify alleged victims of sexual assault or physical
abuse of the results of any disciplinary action taken within three (3)
working days following that disciplinary action. (Education Code Section
67143)
6. Notification to Victims of
Crime of Violence
The Coordinator of University Student
Discipline may notify alleged victims of a crime of violence of the
results of any disciplinary action taken. The term "crime of
violence" means (a) an offense that has as an element the use,
attempted use, or threatened use of physical force against the person or
property of another, or (b) any other offense that is a felony and that,
by its nature, involves a substantial risk that physical force against
the person or property of another may be used in the course of
committing the offense. (Section 1232g (b)(6) of Title 20 of the United
States Code)