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Executive Order No. 628 Student Disciplinary Procedures For The California State University

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)

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