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Policies and Procedures

Services for Students with Disabilities

Students requiring academic or physical accommodations because of visual, physical, learning and/or other verified disabilities should contact the Disability Resource Center Department at (408) 848-4865.

AIDS/HIV

“The Gavilan Joint Community College District is committed to providing a safe as well as fair, sensitive and nondiscriminatory environment which is in compliance with Federal, State and local restrictions. The Gavilan Joint Community College District will treat all employees and students equally without regard to their HIV-antibody status or the presence of AIDS . . . disease. An individual with AIDS, or who tests positive for the HIV antibody, will not be denied employment or enrollment for instruction in the district as long as he/she is able to perform in accordance with the respective standards of each position. The District will not deny a person who has AIDS, or tests positive for the HIV antibody, any benefits to which he/she is eligible. Persons with AIDS, or who are perceived to have such conditions, are considered protected under state and federal law and shall be provided with accommodations necessary to meet their disability-related needs. A student with AIDS may be served through state-funded Disability Resource Center if the condition imposes functional limitations that impede access to the educational process. The medical records of a student are confidential and such information may not be related without the written consent of the individual, except as provided by law.

There is no medical necessity to advise co-workers or students of the presence of a person with AIDS or a positive HIV-antibody test. Persons with AIDS or a positive HIV-antibody test result shall not be denied equal access to student unions, cultural or athletic events, dining areas, gymnasium, swimming pools, recreation facilities, or other common areas. Persons with AIDS or a positive HIV-antibody test result shall be given assistance in obtaining referrals to appropriate medical care and counseling.

The Gavilan College Child Development Center shall follow guidelines developed by the Centers for Disease Control for education and care of children with AIDS or a positive HIV-antibody test result.

The Gavilan College Vice President of Student Services shall move quickly and effectively to deal with any incident of harassment or psychological or physical abuse inflicted on students or employees who may have or are suspected to have AIDS or a positive HIV-antibody test. The coordinator of Student Health Services will serve as a spokesperson to answer questions about its AIDS policies and will be prepared to address the social questions, civil rights issues, and public health considerations. (Personnel, Section 3.03)

Open Enrollment

Reference: Title V, sections 58106, 58108

Unless specifically exempted by statute, every course, course section or class, the average daily attendance of which is to be reported for state aid shall be fully open to enrollment and participation by any person who has been admitted to the college and who meets all prerequisites. Class enrollment is limited by size of facility and program content. Gavilan College is in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

Vocational English Skills

Limited English language skills will not be a barrier to admission to and participation in vocational education programs.

Non-Discrimination

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

Prohibition of Harassment and Hate Crimes

Reference: Education Code sections 212.5; 66252; 66281.5

The District is committed to providing an academic and work environment that respects the dignity of individuals and groups. The District shall be free of sexual harassment and all forms of sexual intimidation and exploitation. It shall also be free of other unlawful harassment and hate crimes, including those which are based on any of the following statuses; race, color, religion, ancestry, national origin, disability, sex (i.e., gender), sexual orientation, or the perception that a person has one or more of the foregoing characteristics.

Americans With Disabilities Act (ADA) Compliance

If you have a verified disability and need academic materials in an alternate format or other services, contact the Disability Resource Center or the Vice President of Student Services for assistance.

Title VI, Title IX and Americans with Disabilities Act/Section 504/508

To file complaints in the following areas please contact the Equal Opportunity Officer, Joseph D. Keeler, Vice President of Administrative Services, HR 101 (408-848-4715) or Shairon Williams, Director of Human Resources, HR103 (408-848-4753).

The areas are:

• Civil rights complaints (Title VI)

• Gender equity, sex discrimination/harassment complaints (Title IX)

• Persons with disabilities discrimination complaints (ADA/Section 504/508)

Drug Free Schools and Campuses Act

District Policy AP 3550 prohibits “the use, distribution, sale or possession of alcohol, narcotics, dangerous or illegal drugs or other controlled substances, as defined in California statutes, on District property or at any function sponsored by the District of colleges.” Gavilan College complies with the Drug-Free Schools and Campuses Act of 1989 and the Drug-Free Workplace Act of 1988.

The college recognizes the legal drinking age of 21 years and enforces all state laws regulating the use of alcoholic beverages. All members of the campus community are subject to disciplinary action and/or criminal prosecution for the on-campus possession, use, sale or distribution (by either sale or gift) of any quantity of inappropriate prescription drugs, or controlled substances as defined by the State of California Health and Safety Code. Students found to be in violation of this policy may be subject to the Standards of Student Conduct and Discipline Procedures. If warranted, employees will also be subject to disciplinary sanction.

Sexual Assault

Sexual assault can happen to anyone, anywhere and at anytime. Gavilan College is committed to providing a safe environment for students and staff. Reports of sexual misconduct will be thoroughly investigated and the victim informed of the outcome. If you, or someone you know, have been the victim of sexual assault, notify Campus Security at 848-4703 or 710-7490. Confidential counseling is available on campus through Counseling at 848-4723 or Student Health Services at 848-4791. Off campus confidential counseling is available at Community Solutions: (408)779-2115 and (831) 637-SAFE/637-7233.

Catalog Rights

Students who maintain continuous attendance status may, for purposes of meeting graduation requirements, elect to meet the requirements in effect at:

1. The time of entrance to Gavilan College, or

2. Any catalog year thereafter

Developing new course curricula is an ongoing process. After the catalog has been printed, new and revised courses and majors may be available. These changes will be available on the web version of the catalog, as it is a “living document.” Consult with a counselor if your area of study has changed.

Continuous attendance is defined as enrollment in at least one credit course per academic year, including summers at any accredited college or university.

Absence related to an approved educational leave or for attendance at another accredited institution of higher learning is not considered an interruption, providing the absence does not exceed four (4) years.

A student who is absent for at least three (3) consecutive terms, including summer, is considered to be a returning student for purposes of "catalog rights" and must follow the graduation requirements in effect at the time he or she returns or any catalog year thereafter.

Revision of Administrative Regulations

Any regulation issued by the administration of the college shall have the same force as those printed in the catalog and shall supersede, after notice has been given, any ruling on the same subject which may appear in the printed catalog or other official bulletins of the college.

Computer Use

Reference: BP 3720

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

Photography, Video and Audio Recordings

Students are generally not permitted to make recordings in class or in any campus meeting without the approval of instructors or personnel involved.

Authority of Instructors

Gavilan College instructors have full authority in their classrooms. Every student is expected to attend classes and to satisfy the instructor that the work of the course is being performed in a systematic manner.

Students whose classroom behavior is inappropriate may be removed from the class for the day of the removal and the next class meeting (See Student Discipline Procedures in the Appendix.) Any student who refuses to leave a classroom when requested to do so by the instructor or an administrator of the college is subject to disciplinary action.

Students who feel that an instructor's authority has been misused may seek due process by initiating the Student’s Problem Resolution Process.

Family Educational Rights and Privacy

Gavilan College is in compliance with the Federal Education Rights and Privacy Act of 1974 (sometimes called the Buckley Amendment) and California Title V regulations (SB 182). The following is in effect:

1. Official academic, discipline, and other necessary records are maintained on all students who have applied to attend Gavilan College.

2. Official records are maintained by and in the Admissions and Records Office.

3. Official records will be released only on written request or written permission of the student and upon payment of any and all fees and charges due the college, except as provided by law.

4. The following directory information may be released by Gavilan College without written consent of the student:

a. name of student

b. dates of enrollment/attendance at Gavilan College

c. date of graduation and degree or certificate awarded.

The release of any further information will require written permission of the student, except as provided by law. Students may notify the Admissions and Records Office in writing within the first week of each term that such information indicated in (a), (b), and (c) above is not to be designated as directory information with respect to that student.

5. Students have the right to review their own records. Challenges to these records are required in writing to the Vice President of Student Services. Challenges will be acted upon by the Vice President, and action will be filed with the student’s records, but not released with said records. In the case of disagreement, the Students' Problem Resolution Process of the college will be followed.

Copies of the complete Federal and State Regulations and the Students’ Problem Resolution Process are available through the Admissions and Records Office and may be reviewed by students by appointment with the Vice President of Student Services or Director of Admissions and Records. The Students’ Problem Resolution Process is available in the appendix of this catalog, online and in the Student Rights, Responsibilities and Academic Standards booklet available through the office of the Vice President of Student Services.

Smoke-Free Buildings

Reference: Education Code BP 6500

Smoking is prohibited inside all public buildings, within twenty five feet of all entrances/exits, operable windows or ventilation air intake. Smoking is also prohibited in all college-owned vehicles.

Tobacco products shall not be sold on campus either through vending machines or campus establishments.

Implementation of the campus smoke-free environment policy will be the responsibility of every student, faculty member, staff person and visitor on campus.

Campus Posting Policy

Reference: AP 5550

Students shall be provided with bulletin boards for use in posting student materials at campus locations convenient for student use. 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 Vice President of Instruction and Student Services, ASB advisor or designee. Materials displayed shall be removed after the passage of ten (10) days.

Parking

There are two types of campus parking permits - daily and semester. Daily parking permits are available from machines located near each entrance to the campus. No parking fees are charged at the Morgan Hill or Hollister sites. Semester permits are purchased from Admissions and Records during registration and throughout the year.

Student parking is permitted on campus in designated areas only. Traffic rules and regulations are available from the Gavilan College Security Department. Parking regulations are strictly enforced and tickets are issued for violations.

Transcripts

Transcripts of a student's permanent academic record are released only with written authorization of the student. Telephone and email requests are not accepted. The first two copies are free. Additional copies may be ordered for a fee.

Withholding Records for Non-Payment of Financial Obligations

Gavilan College may withhold grades, transcripts, diplomas, registration privileges, or any combination thereof, from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the college (e.g., returned checks, book loan payments, outstanding library books, etc.). Any item or items withheld shall be released when the student satisfactorily meets the financial obligation.

Academic Honesty

Reference: Education Code Section 66300, AP5500

Academic honesty depends upon the integrity of the students and faculty. The College itself is defrauded if faculty and/or students knowingly or unwittingly allow dishonest acts to be rewarded academically. It is the faculty’s responsibility to make every reasonable effort to foster honest academic conduct. If the faculty member believes that there is evidence of academic dishonesty on the part of a student it is the faculty member’s responsibility to take appropriate action in accordance with procedures outlined in the Appendix of this Catalog.

Standards of Student Conduct

Reference: Education Code Section 66300 and BP 5500

Gavilan College is dedicated to promoting a harmonious learning and social environment characterized by mutual respect for all our students, staff and community. A student enrolling at Gavilan College assumes an obligation to act in a manner compatible with the college's function as an educational insititution. Students and visitors are expected to obey all federal laws that pertain to behavior on a college campus, or at a campus-sponsored event.

The standards of conduct represent reasonable expectations of student behavior and violations shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student. The Standards of Student Conduct are listed in the Appendix of this Catalog.

Student Discipline Procedures

Reference: Education Code Section 66300, 72122, 76030, AP5520

The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student Conduct (BP5500). The procedure guarantees the student or students involved the due process rights extended to them by state and federal constitutional protections. The procedure will be used in a fair and equitable manner, and it is not extended to substitute for criminal or civil proceedings that may be initiated by other agencies.

In all disciplinary actions the student will be notified of the nature of the charges against him/her, that he/she is given a fair opportunity to refute them, and that the institution will not be arbitrary in its action. The disiplinary actions and procedures are listed in the Appendix of this Catalog.

Students’ Problem Resolution Process

Reference: AP5530

In the educational environment, there are times when a student and a college employee (faculty/teacher/instructor, support staff, or administrator) may have a problem or issue which needs some clarification and resolution. Therefore, Gavilan College has a procedure to help students address problems and work on solutions that hopefully benefit all the people involved.

The procedure for resolving issues is called THE STUDENTS’ PROBLEM RESOLUTION PROCESS and applies to specific situations on campus. The procedure is listed in the Appendix of this Catalog.