FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C & 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. the law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Click here for a complete for detals of the law.
Academic Honors Honors may be achieved through the Dean's List, Honor Roll, and Graduation Honors. Refer to the Catalog for applicable standards.
Unlawful Discrimination Policy
The policy of the Desert Community College District is to provide an educational and employment environment in which no person shall be unlawfully denied full and equal access to, the benefits of, or be unlawfully subjected to discrimination on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability in any program or activity that is administered by, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges.
The policy of the Desert Community College District is to provide an educational and employment environment free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment.
Employees, students, or other persons acting on behalf of the District who engage in unlawful discrimination as defined in this policy or by state or federal law may be subject to discipline, up to and including discharge, expulsion, or termination of contract.
The following is a summary of the Unlawful Discrimination Policy of the Desert Community College District. Full text copies are available in the Human Resources Office, the President’s Office, the Student Services Office, Instruction Office, and the Administrative Services Office.
The Desert Community College District has identified Dr. David P. Bugay, Vice President, Human Resources and Employee Relations to the State Chancellor’s Office and to the public as the single District officer responsible for receiving all unlawful discrimination complaints. Administrators, faculty members, other District employees, and students shall direct all complaints of unlawful discrimination to Dr. Bugay. His office is located in the south modular building adjacent to the Bookstore. The phone number is (760)773-2529.
When a person brings charges of unlawful discrimination to the attention of the District’s responsible officer, that officer will undertake efforts to informally resolve the charges. Efforts at informal resolution need not include any investigation unless the responsible District officer determines an investigation is warranted by the seriousness of the charges. The complainant will not be required to confront the person accused of unlawful discrimination. Any efforts at informal resolution will not exceed the 90-day period.
If a complainant decides to file a formal written unlawful discrimination complaint against the District, he or she must file the complaint on a form prescribed by the State Chancellor. These approved forms are available from the District and also at the State Chancellor’s website, as follows: http://www.cccco.edu/divisions/legal/Discrimination/discrimination.htm.The completed form must be filed with the District representative or mailed directly to the State Chancellor’s Office of the California Community Colleges. A copy of all complaints filed in with the District will be forwarded to the State Chancellor’s Office immediately upon receipt. Similarly, when the State Chancellor’s Office receives a complaint a copy will be forwarded to the District.
Investigative processes can best be conducted within a confidential climate, and the District does not reveal information about such matters except as necessary to fulfill its legal obligations. However, potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. The inability to reveal the name of a complainant or facts that are likely to reveal the identity of the complainant can severely limit the ability of the District to respond. If a complainant insists that his or her name not be revealed, the responsible officer should take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request aslong as it does not jeopardize the rights of other students or employees. It is important that complainants and witnesses understand the possibility that they may be charged with allegations of defamation if they circulate the charges outside of the District’s process.
It is unlawful for anyone to retaliate against someone who files an unlawful discrimination complaint, who refers a matter for investigation or complaint, who participates in an investigation of a complaint, who represents or serves as an advocate for an alleged victim or alleged offender, or who otherwise furthers the principles of this unlawful discrimination policy.
Within 90 days of receiving an unlawful discrimination complaint the responsible District officer will complete the investigation and forward a copy of the investigative report to the State Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all the following to both the complainant and the State Chancellor. Complainants have appeal rights that they may exercise if they are not satisfied with the results of the District’s administrative determination. Within 150 days of receiving a complaint, the final District determination will be forwarded to the State Chancellor.
Política Sobre la Disciminacion Ilegal
Según la política y el plan de acción del Desert Community College District, nuestra institución provee un ambiente instructivo y profesional en el cual será ilegal negar a cualquier persona el completo e igual acceso a los beneficios de sus programas, ser sometida ilegalmente a la discriminación étnica, de origen nacional, de religión, edad, sexo, raza, color de piel, de linaje, de orientación sexual, o de incapacidad física o mental, y ser negada cualquier acceso a cual siquiera programa o actividad administrativa, directamente financiados, o recipiente de asistencia monetaria del State Chancellor o Board of Governors del California Community College.
La poliza de Desert Community College District es tal para proveer un ambiente educativo y profesional exento de requerimientos, o aprovechamientos sexuales, o cualquier otra conducta o comunicación, sea verbal como física, que constituya un acosamiento sexual.
Empleados, estudiantes, y otras personas representantes del Distrito que se metan en la discriminación ilegal como la define esta política o la ley estatal o federal podrán ser expuestos a medidas disciplinarias, inclusive, la expulsión, o la terminación del contrato.
A continuación hay un resumen de la Política sobre la Discriminación Ilegal del Desert Community College District. Copias del texto completo se pueden obtener en la oficina de "Human Resources", la oficina del Presidente, la oficina de los Servicios Estudiantiles, la oficina de Instrucción, y la oficina de Servicios Administrativos.
El Funcionario del Distrito Responsable
Desert Community College District ha identificado y nombrado, para el State Chancellor y para el público, al doctor David P. Bugay, Vicepresidente, Recursos Humanos y Relaciones de Empleados, como el único oficial responsable de recibir reclamaciones y denuncias de discriminación ilegal. Administradores, miembros del profesorado, otros empleados del distrito, y estudiantes, deberán dirigir todas formas de reclamaciones de discriminación ilegal al doctor Bugay. Su despacho se ubica en el edificio sureña contigua a la librería. El número de teléfono es el siguiente: (760) 773-2529 .
Procedimiento Formal/Informal de ls Denuncias
Al recibir denuncias de discriminación ilegal el responsable funcionario del distrito tratará de resolver los supuestos alegatos informalmente. Las tentativas hacia una resolución informal no requerirán ninguna investigación menos que el oficial del distrito concluya que una investigación sea justificada por la gravedad de los supuestos alegatos. El demandante no será obligado a enfrentarse con la persona acusada de discriminación ilegal. Cualquier tentativa de resolución informal no deberá de exceder el período de 90 días.
Como Sentar Una Denuncia Formal Escrita
Si el demandante decide sentar una denuncia formal escrita de discriminación ilegal contra el Distrito, el / la demandante deberá de sentarla con un formulario prescrito por State Chancellor. Estos prescritos formularios se podrán conseguir en la oficina del Distrito y también por medio del siguiente "website" del State Chancellor: http://www.cccco.edu/divisions/legal/Discrimination/discrimination.htm.
Una vez que esté completo el formulario, se deberá sentar con el representante del Distrito o enviarlo por correo a la officina del State Chancellor de California Community College. Una copia de todas las reclamaciones sentadas con el Distrito será inmediatamente transmitida a la oficina del State Chancellor.
Procedimiento Hecho en Confianza
La mejor manera de llevar a cabo el procedimiento de indagación es hacerlo en un clima confidencial, y el Distrito no revelerá ninguna información sobre estos asuntos excepto cuando sea necesario para cumplir con las obligaciones legales. Sin embargo, algunos posibles demandantes a veces son mal dispuestos a perseguir una denuncia por temor de revelar sus nombres. La incapacidad de revelar el nombre del demandante o los hechos que probablemente revelarían la identidad del demandante podrían seriamente limitar la habilidad del Distrito en responder. Si el demandante insiste en no revelar su nombre, el funcionario tomará todas las medidas posibles para indagar y responder a la reclamación de acuerdo con la petición del demandante puesto que lo dicho no comprometa los derechos de otros estudiantes o empleados. Es preciso que los demandantes y los testigos sepan que hay siempre la posibilidad de que ellos puedrían ser acusados con supuestos alegatos de difamación si ellos circularan las acusaciones fuera del procedimiento del Distrito.
Represalia
La ley prohíbe desquitarse con quien haya sentado una denuncia de discriminación ilegal, con quien haya atribuido un asunto a una indagación o demanda, con quien participe en una indagación o acusación, con quien represente o sirva de defensor para una supuesta victima o supuesto ofensor, o con quien por otra parte fomente los principios de esta política de discriminación ilegal.
Determinacion Administrativa y Derecho de Apelacion
Dentro de 90 días de haber recibido una denuncia de discriminación ilegal, el funcionario responsable del Distrito llevará a cabo una indagación y transmitirá una copia del informe investigativo al la officina del State Chancellor, una copia o un resumen del informe al demandante, un aviso escrito declarando lo siguiente a ambos demandante y el State Chancellor. Los demandantes tendrán derechos de apelación que podrían ejercer si no estuvieran satisfechos con los resultados de la determinación administrativa del Distrito. Dentro de 150 días de haber recibido la denuncia, la determinación final del Distrito será transmitida al la officina del State Chancellor.
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Drug-Free Workplace and Campus
The Desert Community College District intends to maintain a safe, healthful and productive work and learning environment for all employees and students. To accomplish this, the District will act to eliminate any drug abuse, which increases the potential for accidents, absenteeism, low academic and work performance, poor employee and student morale and damage to the District’s reputation. The manufacture, distribution, dispensation, possession, or use of an illegal drug, or the unlawful possession, use or distribution of alcohol, is prohibited in all buildings, property, facilities, service areas, off-campus sites of the District, or in any location where any District activity is occurring.
The District shall discipline a student, up to and including expulsion, for the unlawful manufacture, distribution, dispensation, or possession of controlled substances on the District’s property or as part of any of its activities.
Students who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program (eligible employees), Student Health Services and/or Counseling Services. While the District will be supportive of those who seek help voluntarily, the District will be equally firm in identifying and disciplining those employees/students who continue to be substance abusers and do not seek help or continue to abuse drugs or alcohol after treatment or counseling.
Materials and information on counseling, treatment and rehabilitation resources, health risks, Federal trafficking penalties, and uses and effects of controlled substances, are available in Counseling, the Student Health Center and the Library.
This policy is in accordance with the provisions of the Drug-Free Schools Communities Amendments of 1989.
Early Exam Policy
Students seeking approval for early exams must first secure the permission of the Dean of Student Services. Only two criteria for early exams will be considered: (1) students who are transferring to a four-year college and need to report prior to the last day of the semester, or (2) students who have military obligations requiring reporting for service prior to the last day of the semester. In either case, documentation is required.
Library Fines
Overdue items will be fined 25 cents per day per item. The fee for a lost or severely damaged book is the current market value of the book as determined by the Acquisitions Librarian (from Books in Print), plus a $25 processing fee. Lost periodicals will be charged the current cover price. Unpaid fees will result in a hold on the student’s records. Borrowers that prove consistently irresponsible will have borrowing privileges revoked.
Open Door Policy
Every class offered, unless otherwise stated in the college catalog or class schedule is open to enrollment and participation by persons who meet the prerequisites of the class and who are otherwise eligible for admission and enrollment in the college.
Parking and Vehicle Regulations
Parking Permit
Parking is administered by the College Board of Trustees in accordance with Section 2545.1, California Education Code. The fee for a vehicle permit is $20 per semester; $10 per semester for motorcycles/mopeds. All permits for the summer session are $5. One day permits may be purchased for $1 at a yellow self-serve permit dispenser located in lots #11 and #24.
Regular vehicle permit fee is refundable, with the return of the permit if the student completely withdraws from school on or before the "last day to drop and be eligible for a refund."
Displaying Your Permit
Vehicles parked in college parking areas, including the McCallum Theatre lot, shall display a valid DCCD parking permit on the front windshield lower right corner or on an authorized plastic hanger. Hangers must hang from the rear-view mirror so that the sticker is readable from the front of the vehicle. The owner assumes responsibility for any lost or stolen permits.
Parking permits must be displayed by Wednesday, September 8th. Students may park in the STUDENT lots through September 7th without a parking permit, but will be ticketed for parking in "Staff Lot" or other designated space anytime the campus is open.
Parking
Student parking spaces are designated within student parking lot areas. Faculty/staff parking spaces are designated within staff parking areas or student parking lot areas. Motorcycles and mopeds shall be parked only in designated motorcycle parking areas. Motor vehicles shall not be parked overnight on campus without prior permission.
Visitor parking is limited to one hour. The Visitor Lot is not to be used by faculty/staff or students.
Student parking is not permitted in the public library parking lot at any time.
Disabled Parking
You must display a Handicapped placard, license plate or permit, as well as your current student, staff or day permit to park in any Handicapped space designated by blue borders.
Enforcement
College of the Desert parking and traffic regulations are in accordance with Section 21113A, California State Vehicle Code.
Campus security personnel will patrol campus lots and issue citations. The Riverside County Sheriff’s Department also has jurisdiction and will issue citations for violations of the California Vehicle Code.
All cyclists and drivers of motor vehicles on campus are required to comply with the traffic laws of the state of California and the rules and regulations pursuant to all applicable sections of the California Vehicle Code. The posted speed limit on campus is 15 miles per hour.
Citations
Citations payments should be made by check, money order or credit payable to College of the Desert.
Failure to respond to citations within 21 days will result in a fee increase of $30.00. All unpaid parking violations will be forwarded to the Department of Motor Vehicles and may affect vehicle registration.
Liability
The Desert Community College District assumes no responsibility for damage to any motor vehicle, theft of a vehicle or its contents, or injury to persons operating such vehicles on or off campus.
Persons with Disabilities
Desert Community College District will ensure that applicants, employees, and students with disabilities receive reasonable accommodations consistent with the requirements of the Americans with Disabilities Act, Government Code Sections 11135 et seq., and Section 504 of the Rehabilitation Act of 1973. Anyone with a physical or mental impairment substantially limiting one or more major life activities, has a record of such impairment, or is regarded as having such an impairment, is considered a person with a disability. Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
The acting coordinator at College of the Desert for compliance with Section 504 of the Rehabilitation Act of 1973 for students, is Michael O'Neill. His office is located in the Administration Building. He can also be contacted by telephone at (760) 773-2534.
Pets on Campus
State and local laws prohibit animals from being on campus at any time. The college asks your cooperation in not bringing dogs, cats or other animals to the campus. The Humane Society may be requested to remove all animals at the owner’s expense. Students who violate this law are subject to college disciplinary action. Animal control officers periodically patrol the campus and remove any animals found.
Prerequisites, Corequisites, Advisories, and Other Enrollment Limitations
The definitions of prerequisites, corequisites, and limitations on enrollment have been established by the District pursuant to Section 55200 of Title V. Complete course prerequisites, corequisites, advisories and recommended preparations are listed in the college catalog after the course description.
Prerequisite - knowledge or skills not taught in a course that without which the student would be highly unlikely to receive a satisfactory grade and that the student is required to demonstrate in order to enroll in a course or educational program. Prerequisites indicate the College of the Desert course which must be taken prior to enrollment in a given course. (In A,B,C,D sequences, A is usually prerequisite to B, etc.) Prerequisite requirements must be met before enrollment is permitted. Prerequisite courses must be completed with a grade of C or better.
Corequisite is a course or courses students are required to take simultaneously in order to enroll in another course. Corequisite represents a set of skills or a body of knowledge students must acquire through concurrent and continued enrollment in another course or courses in order to receive a “C” or better in the course requiring the prerequisite.
Advisories on recommended preparation - defined knowledge, skills, or preparation that a student is recommended to have by the faculty in the discipline but not required to meet before or in conjunction with enrollment in a course or educational program. Any student in good standing (a 2.0 GPA and making satisfactory progress toward an educational goal) has the right to choose to take a course without meeting the advisory and is encouraged to consult with faculty advisors, or counselors.
Limitations of enrollment - restrictions imposed due to the nature of the course such as prerequisites, corequisites, intercollegiate competition, honors, public performance or restrictions imposed in the number of students who may enroll in a course subject to "first come, first serve" or due to health and safety considerations, facilities limitations, faculty workload, the availability of qualified instructors, funding limitations, the constraints of regional planning, legal requirements imposed by statutes, regulations, or contracts, or other such limitations as designated b the District.
Questions or concerns regarding course eligibility should be discussed with the instructor, your faculty advisor or counselor.
The District has established procedures by which any student who does not meet a prerequisite or corequisite or who is not permitted to enroll due to a limitation on enrollment, but who provides satisfactory evidence, may seek entry into the class according to a challenge process.
Any prerequisite or corequisite may be challenged by a student on one or more of the following grounds:
The prerequisite or corequisite has not been established according to the district's process of establishing prerequisites and corequisites;
The prerequisite or corequisite violates Title V, Article 2.5, Section 55201 (Policies for Prerequisites);
The prerequisite or corequisite is either unlawfully discriminatory or is being applied in an unlawfully discriminatory manner;
The student has the knowledge or ability to succeed in the course or program despite not meeting the stated prerequisite or corequisite;
The student will be subject to undue delay in attaining the goal stated in the student's educational plan because the prerequisite or corequisite course has not been made reasonably available.
The determination of whether a student meets a prerequisite or corequisite shall be made prior to the student's enrollment in the course.
The student is responsible and bears the burden for showing that grounds exist for the challenge. The challenge must be made in writing to the Director of Admissions prior to the student's enrollment in the challenged course.
Challenges shall be resolved by the Director of Admissions and/or appropriate faculty within five (5) school days of the receipt of the challenge.
If space is available in a course when a student files a challenge, the district shall reserve a seat for the student and the student is assured a seat in the class if the challenge is ultimately upheld. If no space is available in the course when a challenge is filed and, if the challenge is upheld, the student shall be permitted to enroll if space is available when the student registers for that subsequent term.
Students should refer to the college catalog for complete course prerequisite information. Space limitations prevent the listing of all prerequisites for all classes in the schedule of classes.
If you have a question as to your qualifications for a particular course, please see the advisor for the subject or a member of the counseling staff. Taking the college assessment test will give you valuable information regarding your success potential in various courses.
Residency Requirements
Applicants who are not U.S. citizens, or who are citizens but have resided in California for less than two years, should bring proof of residency status with them when they submit their application for admission. Non-citizens must show proof of immigration status. Students must apply well in advance of the start of the term in order to ensure their residency status will be determined in time to register.
To be eligible to establish residency for the purpose of attending a California community college, applicants must be citizens of the United States or legal aliens with an immigration status which allows them to establish domicile according to the laws of California. The regulations regarding alien students are extensive and cannot be reprinted here. Contact the Admissions and Records Office for information regarding domicile requirements, documentation required and eligible immigration status.
Applicants must have had continuous presence in the State of California and have manifested intent to make California their place of permanent residence a minimum of 12 months before the start of the semester for which they are applying. Applicants may not have two places of permanent residence.
Students eligible to establish residency who have lived in California for less than 2 years must clearly demonstrate the following:
Intent to make California their permanent residence at least one year before the start of the semester.
Physical presence in California for at least one year immediately before the start of the semester.
Financial independence from anyone who is not a California resident. Several requirements must be met in this area.
Actions which are consistent with the intent to make California the place of permanent residence include, but are not limited to, the following:
Obtaining a California Driver’s License (or California I.D. card if no license is held in any state)
Registering in California all vehicles owned
Registering to vote in the State of California
Assuming permanent employment
Opening an account with a California bank
Having children in a California public school
Filing suit in a California court
Petitioning for divorce in a California court
Filing taxes as a California resident
The actions listed in the preceding paragraph must have taken place at least one year before the start of the semester for which the student is applying.
Section 68062A of the California Education Code states that a person may have only one principal place of residence. Vehicle Code Sections 12502 and 12505 require that a resident obtain a California driver’s license within 10 days from the date residence is established. Maintaining an out-of-state license is considered inconsistent with the intent to make California a place of permanent residence.
In the event that an applicant’s residency is in question, it is the responsibility of the applicant to present clear proof of residency. The burden of proof is on the student.
Applicants who are classified as nonresidents are welcome to enroll at College of the Desert; however, they will be subject to nonresident tuition fees in effect at the time of registration. Questions regarding residency should be directed to the Admissions and Records Office.
Release of Student Information
Desert Community College District (DCCD) adheres to the policies of the Family Educational Rights and Privacy Act (FERPA) when establishing and maintaining student records. Although the college applies the provisions of FERPA in a strict manner, the law allows the college to release student directory information. DCCD, based on FERPA regulations, designates as directory information the following: name, address, phone number, dates of attendance, major field of study, awards/degrees received, most recent institution attended, participation in official college activities and sports, and photographs.
Students have the opportunity to request that their directory information be maintained as confidential. In completing the admission application, students are provided this opportunity. Students who are continuing students with DCCD may go to the Admissions and Records Office and request to have directory information withheld.
All other releases, except for emergency purposes, require the written consent of the student whether or not release of directory information has been authorized. A copy of a driver's license, social security card, or other identification showing the students signature must be included.
Currently enrolled or former students have the right of access to all their own records maintained by the college.
Sexual Assault Policy
The District, to the fullest extent possible, ensures that students, faculty and staff who are victims of sexual assault committed on or upon the grounds of, or upon off-campus grounds of, facilities maintained by the District shall receive treatment and information to deal with the assault. If on-campus treatment facilities are unavailable, the written procedures may provide for referrals to local community treatment centers. Sexual assault includes, but is not limited to rape, sodomy, oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.
The District recognizes that one of the most important ways to assist students, faculty and staff who are victims of sexual assault is to help them regain a sense of control over their lives. It is not the function of any district service provider to urge a particular course of action upon the victim of a sexual assault, nor to make any factual determinations as to the events which occurred. Instead, the duties of the service provider are to make the victim aware of the options and alternatives available, to aid the victim in making an informed decision as to a course of action, and to enable the victim to follow through in that decision. The provider will not take any action based upon a subjective evaluation as to the merit of any charges made, nor will the provider attempt to convince the victim that any course of action is preferable to another.
Applicable state and federal provisions will be applied in maintaining confidentiality in the handling of all sexual assault cases.
Standards for Probation and Disqualification
Students who are on probation or have been academically disqualified may not register without the approval of a Counselor. Appointments should be made with the Counseling Center before the registration process begins. Students should refer to the Catalog for additional information.
Probation Standards
A student who has attempted at least twelve (12) semester units, as shown by the official academic record, shall be placed on academic probation if the student has earned a grade point average below 2.0 in all units graded according to the established College grading scale.
Students who have attempted at least 12 semester units will be placed on progress probation when the percentage of all units attempted for which symbols of "W", "I," and "NP" are earned reaches or exceeds 50 percent.
Student Conduct Standards
The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student.
Causing, attempting to cause, or threatening to cause physical injury to another person.
Possession, sale or otherwise furnishing any firearm, knife, explosive or other dangerous object, including but not limited to any facsimile firearm, knife or explosive, unless, in the case of possession of any object of this type, the student has obtained written permission to possess the item from a district employee, which is concurred in by the college president.
Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; or unlawful possession of, or offering, arranging or negotiating the sale of any drug paraphernalia, as defined in California Health and Safety Code Section 11014.5.
Committing or attempting to commit robbery or extortion.
Causing or attempting to cause damage to district property or to non district property on campus, or at college sponsored or supervised functions.
Stealing or attempting to steal district property or private property on campus, or knowingly receiving stolen district property or private property on campus.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.
Committing sexual harassment as defined by law or by District policies and procedures.
Engaging in harassing or discriminatory behavior based on race, sex, religion, age, national origin, disability, or any other status protected by law.
Willful misconduct which results in injury or death to a student or to college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of college personnel.
Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty.
Dishonesty; forgery; alteration or misuse of college documents, records or identification; or knowingly furnishing false information to the District.
Unauthorized entry upon or use of college facilities.
Lewd, indecent or obscene conduct or expression on college-owned or controlled property, or at college sponsored or supervised functions.
Engaging in expression which is obscene, libelous or slanderous, or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful college regulations, or the substantial disruption of the orderly operation of the college.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
Students are guaranteed the rights of due process when charged with a violation of conduct standards. Copies of the Student Conduct Due Process Procedures are available in the office of the Dean of Student Services, Counseling Center, and ASCOD office.
Student Grade Grievance Procedure
By law, an instructor is solely responsible for the grades assigned; no instructor may be directed to change a grade except in certain narrow circumstances authorized by the California Education Code, Section 76244(a), which reads as follows: “When grades are given for any courses of instruction taught in a community college, the grade given to each student shall be that determined by the instructor of the course and its determination, in the absence of mistake, fraud, bad faith, or incompetence, shall be final.”
When a student believes that the District grading policy has not been followed, and that the grade received in class was the result of “mistake, fraud, bad faith, or incompetence,” the student MUST discuss this concern with the course instructor by the end of the fourth week of the following semester. Any student who is not satisfied after meeting with the instructor, may choose to pursue a grievance.
FRAUD: A deliberate misrepresentation of the truth or a fact used to take money, rights, or other privilege or property away from a person or persons may be found to be fraud.
BAD FAITH: Bad faith may be found in an instance of an intent to deceive, in an act of dishonesty.
INCOMPETENCE: Incompetence may be found in a lack of ability, qualifications, fitness, or performance.
If a student files a grade grievance in accordance with the definitions and procedures described herein, and if, following the grievance procedures, it is found that the grade assigned has in fact been the result of “mistake, fraud, bad faith, or incompetence,” then a new grade will be assigned, and that grade will become the final grade.
The student must observe the following procedures. The procedures must be completed by the end of the following semester (excluding Summer School) during which the cause for grievance occurred.
LEVEL 1: Prior to filing a formal written grievance, the student must attempt to solve the problem. When grades are available, the student is expected to contact his or her instructor directly to discuss their differences not later than the fourth week of the following semester. At this stage most differences will be resolved. This contact should be conducted in the privacy of the instructor’s office whenever possible, and the pertinent issues should be well defined so that they may be discussed as objectively as possible.
If the problem cannot be resolved at this level, the student may, after informing the instructor that he or she plans to file a written grievance, progress to Level 2.
LEVEL 2: The student submits a written request for a meeting with the instructor’s supervisor to resolve the grievance. The written request must include, in detail, the student’s basis for initiating the grievance. The student shall initiate this request within five (5) school days after meeting with the instructor. The supervisor shall meet with the instructor and student within five (5) school days of reception of the formal grievance accompanied by all supporting data supplied by the student in an attempt to resolve the issue at this level. Any such meeting regarding a grade grievance will be closed to all observers.
At this level, if the issue can be resolved to the satisfaction of the instructor and student, and the action to be taken is to change a grade due to a mistake, the incorrect grade shall be removed from the student’s record.
Within two (2) school days, the decision and proposed action of the supervisor will be communicated in writing with copies to the student involved, the faculty member involved, the appropriate Dean of Instruction or designee, and the Office of Admissions and Records.
If the problem cannot be resolved at this level, the student may, after informing the instructor and supervisor that he or she plans to file a written grievance, progress to Level 3.
LEVEL 3: The student submits a written request for a meeting with the appropriate Academic Dean to resolve the grievance. The written request must include, in detail, the student’s basis for initiating the grievance. The student shall initiate this request within five (5) school after meeting with the supervisor and instructor. The Dean shall meet with the instructor, supervisor and student within five (5) school days of reception of the formal grievance accompanied by all supporting data supplied by the student in an attempt to resolve the issue at this level. Any such meeting regarding a grade grievance will be closed to all observers.
At this level, if the issue cannot be resolved to the satisfaction of the supervisor, instructor and student, the Dean assumes the responsibility for arriving at a decision regarding the validity of the grievance and appropriate action to be taken. If the action to be taken is to change a grade due to a mistake, the incorrect grade shall be removed from the student’s record. Within two (2) days, the decision and proposed action of the Dean will be communicated in writing with copies to the student involved, the faculty member involved, the supervisor involved, and the Office of Admissions and Records. The Dean’s decision completes and exhausts the Desert Community College District’s Grade Grievance Procedure.
The president or his designee may shorten or lengthen the times specified in these procedures. The intent, however, is to ensure that each and every step will take place as expeditiously as possible.
Student Grievance Policy and Procedures
Purpose
The purpose of this procedure is to provide a prompt and equitable means of resolving student grievances. These procedures shall be available to any student who reasonably believes a college decision or action has adversely affected their status or their rights as a student as outlined in the college catalog.
There are two parts to this process. The informal process attempts to seek positive resolution for all parties involved. Only those directly involved plus any appropriate administrator will be present. The formal process may include appropriate representation for all parties involved.
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, and/or the Vice President of Student Services or his/her designee.
Definitions
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.
President The President or a designated representative of the Superintendent/President.
Student. A currently enrolled student or a person who has filed an application for admission to the college. A grievance by an applicant shall be limited to a complaint regarding denial of admission.
Respondent. Any person claimed by a grievant 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.
Time Limits
The president or designee may shorten or lengthen the times specified in these procedures. The intent, however, is to ensure that each and every step will take place as expeditiously as possible.
Informal Procedure
A. The student shall first discuss the matter with the faculty/staff member in question. If however, the student cannot discuss the matter with the faculty/staff member or if the student is not satisfied with the discussion, he/she may proceed with the informal grievance process. A student must begin the grievance procedure within five (5) days from the date of the alleged grievance. The informal procedure must precede the formal procedure. The student may choose to terminate the grievance at any time during the informal procedure. A grievance filed within thirty (30) days of the end of the semester will be deferred until the following semester.
B. The informal procedure shall be completed within ten (10) days of reporting of the original complaint. It is the student's responsibility to describe to the parties involved the nature of the grievance so that involved parties understand that the grievance procedure has been initiated.
C. An informal meeting will be held by the student and appropriate college staff. The purpose of the meeting is to identify the perceived violation of the student's rights and to develop a resolution that is of mutual satisfaction to all parties involved. The student shall then discuss and attempt to resolve the matter with the faculty, the person’s immediate supervisor or the administrator. If the student is satisfied with the outcome of the informal meeting, the process could end.
Formal Procedure: Filing Statement of Student Grievance
A. If the student is not satisfied with the outcome of the informal procedure, a formal written grievance may be filed within ten (10) days of the decision of the informal procedure. The student will bring the matter to the attention of the Vice-President of Student Services, or a designee, by filing a Student Statement of Grievance Form within ten (10) days of the final meeting of the informal procedure. (Grievance Forms are available at the offices of the Vice-President of Student Services, Division Deans, and Counselors) The student may choose to terminate the grievance at any time during the formal procedure.
B. If the faculty member is not satisfied with the outcome of the informal procedure, he/she may follow process in Collective Bargaining CTA agreement and CODAA agreements.
C. A summary of the outcomes of the informal process will be prepared by the faculty or the immediate supervisor and forwarded to the Vice-President of Student Services.
D. The Vice President of Student Services or designee shall investigate the nature of the grievance including meeting with the parties involved and possible witnesses for each, clarification of the perceived violation of rights and investigation of college policies that may or may not have been followed.
E. The Vice President of Student Services, or designee, after conferring with student may determine that the grievance can be resolved by an informal procedure within ten (10) days. If the student isn’t satisfied with the outcome of informal procedure, student may still request a formal hearing.
F. 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 would constitute a grievance under these procedures;
The grievant is a student as defined in these procedures;
The grievant is personally and directly affected by the alleged grievance;
The grievance was filed in a timely manner;
The grievance is not frivolous, without foundation, or filed for purposes of harassment.
G. The Vice President of Student Services will, at that point, distribute the appropriate documents to appropriate parties regarding request for formal hearing.
H. A formal hearing will consist of the student, and if appropriate, his/her on-campus advocate, the party or parties being grieved and his/her on-campus advocate, the Vice President of Student Services or designee, supervisor of the accused and four (4) neutral faculty members, two (2) selected by the student, and two (2) selected by the accused.
If the results of the formal hearing are not satisfactory to the student, within ten (10) days of receiving that decision, the student desiring further appeal shall go to the College President, who shall then render a decision within ten (10) days.
I. At the completion of the investigation the Vice-President of Student Services shall meet with the parties involved in an attempt to resolve the matter. A copy of the entire investigation file and formal resolutions will be given to the parties involved (faculty and student) upon request.
J. Either of the involved parties may appeal the formal resolution to the College President if agreement cannot be reached. Each party has ten (10) days to file this appeal.
K. Further action may be taken to the Board of Trustees within thirty (30) days of the President’s decision, if either party is not satisfied. The board's decision will be final.
Request for Student Grievance Hearing
Any request for a Student Grievance Hearing shall be filed on a Request for a Student Grievance Hearing within twenty (20) days after filing the Student Statement of Grievance form as described above.
Within ten (10) days following receipt of the Request for StudentGrievance Hearing, the President shall appoint a Student Grievance Hearing Committee as described above, and the Student 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.
If the grievance does not meet each of the requirements, the Hearing Committee chair shall notify the student in writing of the rejection of the Request for a Student Grievance Hearing, together with the specific reasons for the rejection and the procedures for appeal. This notice will be provided within five (5) days of the date the decision is made by the Student Grievance Hearing Committee.
If the Request for Student Grievance Hearing satisfies each of the requirements, the Vice President of Student Services or designee shall schedule a grievance hearing. The hearing will begin within ten (10) days following the decision to grant a Student Grievance Hearing. All parties to the grievance shall be given not less than five (5) days notice of the date, time and place of the hearing.
Student Grievance Hearing Committee
The President shall at the beginning of each Fall semester, establish a standing panel of fifteen (15) members of the college community, including five (5) students, five (5) faculty members and five (5) administrators, from which one or more Student Grievance Hearing Committees may be appointed. The panel will be established with the advice and assistance of the Associated Students Organization, the Academic Senate, and the faculty bargaining units, who shall each submit five (5) names to the President for inclusion on the panel. A Student Grievance Hearing Committee shall be constituted in accordance with the following:
It shall include one (1) student, one (1) instructor, and one (1) college administrator selected from the panel described above.
No person shall serve as a member of a Student 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 President who shall determine whether cause for disqualification has been shown. If the President feels that sufficient ground for removal of a member of the committee has been presented, the 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 designee shall sit with the Student Grievance Hearing Committee but shall not serve as a member nor vote. The designee 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.
Hearing Procedure
The decision of the Student 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 members of the Student Grievance Hearing Committee shall be provided 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 Student Grievance Hearing Committee determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant shall make the first presentation, followed by the respondent or respondents. The grievant(s) may present rebuttal evidence after the respondent(s)' evidence. The burden shall be on the grievant 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 him or herself, and may also have the right to be represented by a person of his or her choice; except that a party shall not be represented by an attorney unless, in the judgment of the Student 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 (5) 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 President’s 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 (5) 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 hearing shall be recorded by the designee either by tape recording or stenographic recording, and 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 Student 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 tape recording shall remain in the custody of the College, at all times, unless released to a professional transcribing service. Any party may request a copy of the tape recording.
All testimony shall be taken under oath; the oath shall be administered by the Student Grievance Hearing Committee 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 shall be considered to be unavailable.
Within five (5) days following the close of the hearing, the Student Grievance Hearing Committee shall prepare and send to the President a written decision. The decision shall include specific factual findings regarding the grievance, and shall include specific conclusions regarding whether a grievance has been established as defined above. The decision shall also include a specific recommendation regarding the relief to be afforded the grievant, 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 grievance, any written response, and the oral and written evidence produced at the hearing.
President’s Decision
Within five (5) days following receipt of the Student Grievance Hearing Committee's decision and recommendation(s), the President shall send to all parties his or her written decision, together with the Hearing Committee's decision and recommendations. The 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 President does not accept the decision or a finding or recommendation of the Hearing Committee, the 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 President shall be final, subject only to appeal as provided below.
Appeal
Any appeal relating to a Student 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 President within five (5) days of that decision. The 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 President's decision whether or not to grant a grievance hearing shall be final and not subject to further appeal.
Revised 06/14/04
Board Approval: June 2004
Student Identification Card
ASCOD and College of the Desert have joined forces in offering a Student Identification (ID) Card. Designed to help COD track student services, it also acts as your library card for the Multi-Agency Library, and funds student activities on campus. The charge is $10.00 and purchase is voluntary.
Discounts from theaters, apparel, electronics, and specialty stores, restaurants, and service-industry businesses.
Allows easy access to the Academic Skills Center.
Ease of access to the Counseling Center, Computer Labs, and other student services.
A valid Student ID for the current semester is required to use the computer lab in the new Multi-Agency Library .
Will allow use of facilities in the Hilb Student Center
FREE admission to home athletic events.
Ability to cash a personal check for $10 or less in the bookstore.
10% discount on COD insignia items in the bookstore.
ASCOD membership -- enabling participation in campus clubs, organizations, and student government. See the ASCOD information pages in the back of this class schedule.
Students are urged to purchase a card at the time of payment of fees to avoid long payment lines in the Admissions and Records Office at the beginning of the semester. Pictures will be taken and cards issued in the Hilb Student Center with proof of payment .
Student Rights and Responsibilities
All members of the College of the Desert faculty and staff have a primary mission of helping students to make progress toward a degree or credential. Nevertheless, each student is individually responsible for meeting all college requirements and deadlines as presented in this publication and any other announcements of the college or department in which he/she is enrolled. The college intends that every member of the campus community be afforded a work and study environment free of discrimination based on race, color, religion, national origin, sex, marital status, pregnancy, age, disability or veteran status. All persons are to be protected from abusive or harassing behavior.
Student Transportation, Non-District Sponsored
Throughout the school year many classes will be meeting at off-campus locations. The college will not be providing transportation to these sites and all transportation arrangements are the responsibility of each of the students enrolled in the class. Although district personnel may assist in coordinating this transportation and/or may recommend travel time, routes, caravanning, etc., these recommendations are not mandatory. The district is in no way responsible nor does the district assume liability for any injuries or losses resulting from this non-district sponsored transportation. If you ride with another student, that student is not an agent of, or driving on behalf of, the district.
Student Transportation, Voluntary Field Trips
Throughout the school year, the district may sponsor voluntary field trips and excursions in which you may want to participate. Be advised as stated in the California Code of Regulations, Sub Chapter 5, Section 55450, if you participate in a voluntary field trip or excursion you are deemed to have held harmless the district, its officers, agents and employees from all liability or claims which may arise out of or in connection with your participation in this activity.
Campus Safety
Walk CONFIDENTLY. Be ALERT.
Notice people approaching and behind you. At night, don't take chances in parking lots, parks, or unoccupied business complexes. Try to park in well-lighted and trafficked areas. Always LOCK YOUR CAR.
Hold your purse tightly. Keep your wallet in a secure pocket -- out of sight. Carry as little cash as possible and never display a great deal of cash.
Have your keys in your hand and ready to use when you approach your car or your home. Carry a whistle -- or scream if attacked.
Don't pick up strangers or accept a ride from someone you do not know. When on campus at night, try to take a lighted route wherever you are going. Ask a friend or classmate to accompany you to your car or to the bus stop. Remember, there is safety in numbers, even if that number is as small as two.
Using common sense is often your best protection when walking or jogging. Practice low-risk and defensive behaviors.
If you suspect a crime is being committed against persons or property -
CALL 911 or CAMPUS SECURITY!
