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Consumer Information

Consumer Information

As a recipient of federal assistance including participation in the federal student aid program, San José City College is required to provide the following information as part of its consumer information and school reporting.  This information is public and is reported to the U.S. Department of Education, and others, as applicable and as required by law.

 

San José City College is fully accredited by the Accrediting Commission for Community and Junior Colleges (ACCJC), Western Association of Schools and Colleges, which accredits community colleges and other associate degree-granting institutions in the western region of the United States.

One of seven regional accrediting commissions, the ACCJC is authorized to operate by the U.S. Department of Education through the Higher Education Opportunity Act of 2008.  The criteria are research-based guidelines for systemic school improvement that address accreditation’s central tenet: a school operates with a clear understanding of its purpose.  Accreditation is a voluntary system of self-regulation developed to evaluate the overall educational quality and institutional effectiveness.

The ACCJC accreditation process provides assurance to the public that the accredited member colleges meet the Standards; the education earned at the institutions is of value to the student who earned it; and employers, trade or profession-related licensing agencies, and other colleges and universities can accept a student’s credential as legitimate.

The San José Evergreen Community College District (SJECCD) Police Services Office is responsible for producing annual reports of criminal activity on campus and procedures for prevention of campus crime as required by the Student Right-to-Know and Campus Security Act of 1990.  This information is available, on request, from the SJECCD Police Services Office or the SJECCD Policies Services website at https://www.sjeccd.edu/district-services/district-police/the-jeanne-clery-act.

Crime Statistics
Crime statistics are included in the annual security report published for prospective and current students and employees to educate any interested consumer on campus and community safety.  In addition to publishing an annual security report, colleges and universities are required to publish and update security policies.  In 2013, the Violence Against Women Act (VAWA) amended the Clery Act to include additional crimes to report, such as dating violence, domestic violence and stalking, and required colleges to create and disclose additional security policies.

Daily Crime Log
The SJECCD Police Services Office maintains a daily crime log for all crimes reported or investigated by the office for a least 60 days.  Daily crime logs are available for public inspection during normal business hours at the SJECCD Police Services Office or upon request of a hard copy.  SJECCD Police Services can be reached by calling (408) 270-6468 or visiting Evergreen Valley College or San José City College.

Timely Warnings
In an effort to provide timely notice to the campus community in the event of a Clery Act crime that may pose a serious or ongoing threat to members of the community, SJECCD Police Services Office will issue out a “Timely Warning.”

The SJECCD Police Services Office will generally issue these warnings for the following crimes: criminal homicide; sexual assaults; robbery; aggravated assault; arson; burglary; and hate crimes.   

The SJECCD Police Services Office will post these warnings through a variety of ways including, but not limited to, e-mails, posters or bulletins, and class discussions.  The purpose of these warnings is to notify the campus community of the incident and to provide information that may enable community members to protect themselves from similar incidents.

The SJECCD Police Services Office will issue warnings whenever the following criteria are met:

  1. A crime is committed;
  2. The perpetrator has not been apprehended; and
  3. There is a substantial and on-going risk to the physical safety of other members of the campus community because of this crime.

Such crimes include, but are not limited to: Clery Act crimes that are reported to any campus security authority or the local police; or when the college determines that the incident represents an on-going threat to the campus community.  Additionally, the SJECCD Police Services Office may, in some circumstances, issue warnings when there is a pattern of crimes against persons or property.  The SJECCD Police Chief or designee will generally make the determination, in consultation with the College President, if a warning is required. However, in emergency situations, any SJECCD Police Services Officer may authorize a timely warning.

For incidents involving off campus crimes, the college may issue a crime advisory if the crime occurred in a location used and frequented by the college population.  Timely warnings are sent out to the campus community via the Rave Mobile Safety system.  If you have an official San José City College e-mail address, you are automatically be enrolled in the crime alert notification system.  These messages are a very effective way to important information to the campus community about safety and congestion in the campus areas.

Emergency Notification
SJECCD Police Service Office has partnered with Rave Mobile Safety to provide an emergency communication system capable of delivering email, text and phone messages.  The purpose of this notification system is to quickly disseminate emergency information to the campus community during critical incidents.

Registered students at Evergreen Valley College and San José City College and San José Evergreen Community College District employees have been enrolled in the program using contact information extracted from Self-Service.  This system is provided to enrollees at no additional expense.

Rave Mobile Safety does not charge subscribers to send or receive SMS messages.  Standard or other messaging charges may apply depending upon your wireless carrier plan and subscription details.  Once registered, you may opt out of SMS messages at any time by texting STOP to 67283 or 226787.

To update your emergency alert contact information, make the changes in Self-Service and the updates will be transferred to Rave Mobile Safety within 72 hours.  Alternatively, registered students and employees may log into Rave at https://www.getrave.com/login/sjeccd to change contact information and contact methods.  Please note changes made in Rave will not be transferred to Self-Service.  To login to Rave for the first time, select "Forgot user password?" and enter your registered email address to receive your password.

You may also register for Rave Guardian mobile application and transform your mobile phone into a personal alarm beacon.  In the event of an emergency, critical information you elect to share will be provided to SJECCD to help them more quickly respond and help you.  This service is provided to you free of charge by SJECCD.  View instructions on how to download the app.

Additional information may be disseminated through any number of communication systems that can be used during an emergency.

Emergency Response and Evacuation
The SJECCD Police Services Office is responsible for preparing for and responding to any emergency incident such as a natural disaster or an interruption of business operations.  The Emergency Preparedness Plan applies the principles of Standardized Emergency Management System (SEMS), the concept of Incident Command System (ICS) and National Incident Management System (NIMS) into a customized Emergency Preparedness Plan.  Emergency responses to any major emergency should be conducted within the framework of this plan.  Exceptions or changes to the outlined procedures must be approved the Incident Commander before implementation.  Emergency Response Plans will be assigned to trained members of the Emergency Response Teams, as well as in the Emergency Operations Center once activated.  The Emergency Preparedness Plan is established as a supplement to the administrative policies, procedures and practices of our District.  When implemented it serves as the College’s Emergency Plan, setting for the authorities and polices for activation, personnel emergency assignments, operational procedures and recovery activities.

In a disaster or major emergency, evacuation of a specific building may be necessary.  Classes, departments, and offices in every building should agree in advance on an outdoor meeting place away from the building.

If evacuated, remember to:

  • Stay calm
  • Take keys and personal belongings
  • Do not use elevators
  • Go to the nearest safe stairway
  • Exit as a group to designated areas
  • Wait until further instruction

In the immediate moments after a major emergency or disaster, there will likely be some confusion as information is being gathered.  You will likely be feeling a whole spectrum of emotions.  Remain calm and know that the college is committed to getting officially emergency information out as quickly and efficiently as possible.  We may use a variety of methods including:

  • Face to face: Police Officers or Area Coordinators
  • Emergency calls, texts, and notifications via Rave Mobile Safety
  • Official e-mails
  • College website
  • Loudspeakers
  • Audible alarms
  • Local media
  • Flyers and display boards

Official announcements may be brief.  They may not have many details as information is still gathered.  Continue to follow directions and take precautions.  The phone system, if working, may be overwhelmed.  Only use it for emergency calls.

Emergency evaluation maps for Evergreen Valley College, San José City College, and San José Evergreen Community College District Office can be found online at https://sjeccd.edu/district-services/district-police/emergency-preparedness under “Emergence Evacuation Maps.”

Missing Student Notification Policy
San José City College does not have a missing student notification policy since it does not have campus housing, dormitories or residence halls.

Articulation is the process that connects two educational institutions in order to help students make a smooth transition from the community college to the college or university without having to complete duplicate coursework.

During this process, courses at the community college are identified as being comparable to those in lower division at the university.  This allows students to fulfill a lower division university requirement by completing an identified comparable course or “articulated course” at the community college.

“Articulated courses” may be applied toward general education breadth requirements as well as major preparation requirements for the college/university to which a student plans to transfer.  Some “articulated courses” are designated as elective courses only.

This means that although these courses transfer, they do not satisfy any general education breadth or major preparation requirements.  Students will receive unit credit for the elective courses.

San José City College has articulation agreements established with a variety of four-year institutions including the University of California (UC), the California State University (CSU), private and out-of-state colleges and universities.

Articulation agreements for San José City College can be found at www.ASSIST.org.  ASSIST is the official repository of articulation for California’s public colleges and universities and provides the most accurate and up-to-date information about transferable coursework in California.  It is an online tool that shows how course credit earned at one public California college or university can be applied when transferred to another.

For more information on transferring to a four-year college or university from San José City College or to learn more about articulation agreements, please visit the San José City College Transfer Center website at https://sjcc.edu/academic-affairs/articulation.aspx.

San José City College is required to report information to the National Center for Education Statistics (NCES) in the Integrated Postsecondary Education Data System (IPEDS) for posting to the College Navigator website.  In return, the U.S. Department of Education is required to post relevant items on the College Navigator website for the college, including a link to the college’s website that provides in an easily accessible manner: student activities offered by the college, services offered by the college for individuals with disabilities, career and placement services offered to students during and after enrollment, and policies of the college related to transfer of credit from other schools.

College Navigator Website
https://nces.ed.gov/collegenavigator/?s=all

In accordance with the Consolidated Appropriations Act of 2005 and as an educational institution in receipt of federal funding from the U.S. Department of Education, San José City College hosts an educational program on the United States Constitution on September 17 each year for students served by the college.  Constitution and Citizenship Day commemorates the September 17, 1787 signing of the Constitution.  When September 17 falls on a Saturday, Sunday or holiday, Constitution and Citizenship Day shall be held during the preceding or following week.

In collaboration between the Associated Student Government, Financial Aid Office, and Student Life Office, San José City College commemorates Constitution and Citizenship Day with an informational table where small U.S. Constitution booklets are distributed and students are asked questions and information shared about the commemoration and its importance.  Additional information distributed and shared with students include, but is not limited to, financial aid information and voter registration cards.

The U.S. Department of Education shares the following information resources pertaining to the Constitution:

Library of Congress
https://www.loc.gov/classroom-materials/constitution/

National Archives
Observing Constitution Day | National Archives

National Endowment for the Humanities
https://edsitement.neh.gov/teachers-guides/commemorating-constitution-day

National History Education Clearinghouse
https://teachinghistory.org/history-content/website-reviews/25040

U.S. Senate
https://www.senate.gov/artandhistory/senate-stories/celebrating-constitution-day.htm

Disclaimer: San José City College provides the above referenced websites on Constitution and Citizenship Day as potential resources but it is not an exclusive or all-inclusive list.  San José City College cannot guarantee the accuracy of these websites nor does their inclusion constitute an endorsement of the websites, the materials linked or posted, or related products or services advertised on the websites.

San José Evergreen Community College District (SJECCD) has passed various board policies and administrative procedures relating to copyright information.

Board Policy 3710
Securing of Copyright
 
The District Chancellor shall develop appropriate administrative procedures to implement the provisions of the Education Code which authorize the securing of copyright protection for works, including but not limited to registering copyrights and policing infringements, on behalf of the District.  The procedures developed by the District Chancellor shall assure that the District may use, sell, give, or exchange published materials and may license materials prepared by the District in connection with its curricular and special services.
 
In the development of these procedures, the District Chancellor shall solicit the input of the proper representatives of the college community in accordance with the District’s policies regarding participation in local decision-making.

References:
Education Code Sections 72207 and 81459;
17 U.S. Code Section 201

Administrative Procedure 3710
Securing of Copyright
  
Material subject to copyright in the form of books, musical or dramatic compositions, architectural designs, paintings, sculptures, or other works of comparable type developed by employees shall be the property of the author unless the material is prepared by means of a District grant or an externally-funded grant or contract to the District.  Prior to securing a copyright for the materials, the employee shall reimburse the District for all direct costs.  Provisions of any external funding agency regarding copyright shall be followed.  Materials produced during sabbatical leave do not constitute an exception and shall be the property of the author unless special funding provisions described above are applicable.
 
Performance Rights
The District shall pay a licensing fee to the appropriate performing rights agency as required.  Public performances that require a license from a performing rights agency will follow the guidelines established by the Performing Arts Department at the college.
 
A recording of a copyrighted work performed by at the District may be made for classroom instructional use.  Any public performance of this recording requires written authorization by the performing rights agency.
 
The District shall comply with all current federal and state laws and regulations regarding the use of copyrighted material.

References:
Education Code Sections 72207 and 81459;
17 United States Code 201


Administrative Procedure 3715
Intellectual Property

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.
 
“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.
 
"District Resources" means all tangible resources including buildings, equipment, facilities, computers, software, personnel, and funding.
 
“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 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 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 District Chancellor 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 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 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 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 Contracts and Risk Manager.
 
Intellectual Property Coordinator
The Contracts and Risk Manager 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 Chancellor of Administrative Services 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.
 
See, the AFT 6157 Collective Bargaining Agreement

References:
17 U.S. Code Sections 101 et seq.;
35 U.S. Code Sections 101 et seq.;
37 Code of Federal Regulations Sections 1.1 et seq.

Board Policy 3720
Computer and Network Use
 
The District Computer and Network systems are the sole property of the District.  They may not be used by any person without the proper authorization of the District.  This policy applies to all District students, faculty, and staff and to others granted use of District computer and network resources.  This policy refers to all District computer and network 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 policy is necessary to ensure the ability of the District to effectively fulfill its educational mission, goals, and objectives and to protect the District and its employees from potential liability for illegal use, to ensure compliance with State and Federal laws to prevent misuse and to protect the District’s computer and network resources.
 
The District Chancellor, upon the input, advice, and consultation with the shared governance groups including the unions and Academic Senates, shall establish procedures that provide guidelines for the appropriate use of information technologies that will apply uniformly to all members of the College community using the District’s computer and network resources.  The procedures shall include that users must respect software copyrights and licenses, respect the integrity of the computer-based information resources, refrain from seeking to gain unauthorized access, adhere to data protection laws and respect the rights of other computer users.
 
The District recognizes that principles of academic freedom and shared governance, freedom of speech, Constitutional rights of privacy under the California Constitution and privacy of information hold important implications for electronic mail, electronic communications, data protection, and all computer and network resources.  Electronic mail and computer services shall have privacy protection comparable to that which is traditionally afforded sealed mail and telephone conversations as afforded by law.  Information Technology staff implement network security protections to safeguard and protect private data but cannot guarantee that all computer and network resources will be kept private given the possibility of access by unauthorized or authorized users.
 
The District respects the rights of employee organizations as set forth in Education Code Section 3543.1(b) to have access to the District’s electronic mail system and other communication systems in order to communicate with their members.  This policy is not intended to cover, and does not pertain to, the content of communications among bargaining unit representatives and their members concerning bargaining and personnel matters and nothing in this policy shall be deemed to restrict the content of such communications in any way.  This policy is also not intended to cover and does not pertain to the content of communication between faculty members and their students, since that communication is part of teaching performance, the observation of which is governed by the contract between AFT 6157 and the District.
 
This policy and District procedures do not waive any users’ rights protected by state or federal law, including rights of privacy.  This policy and District procedures do not limit authorized Information Technology (IT) employees or contractors from performing necessary IT functions (e.g., systems administration, data protection, troubleshooting, etc.) as described in their job descriptions or contracts.  These guidelines apply to all electronic mail, electronic communications, and computer and network resources provided or owned by the District.  The computer and network resources of the District are for the use of persons legitimately affiliated with the District and who have been granted use of District computer and network resources (as faculty, staff, students or administrators & consultants) to facilitate the exchange of information consistent with the academic, educational, administrative and research purposes of the District.  They are not to be used by any person without the proper authorization of the District.

References:
Education Code Section 70902;
Government Code Sections 8314 and 3543.1(b);
Penal Code Section 502;
California Constitution, Article 1 Section 1;
17 U.S. Code Sections 101 et seq.

Administrative Procedure 3720
Computer and Network Use
 
All computers are to be used in a responsible, efficient, ethical and legal manner.  The District Computer and Network systems are the sole property of the District.  They may not be used by any person without the proper authorization of the District.  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 all computer and network resources such as computers, servers, computerized devices, mobile devices, district phones, network equipment, network control systems, security systems, audio-visual systems and associated peripherals, software, data and information resources regardless of whether used for administration, research, teaching, learning or other purposes.  The District does not and shall not inspect or monitor computers and computer-related matter, including but not limited to equipment, software, websites, hardware, data or related matter which is not owned by the District except as needed for Information Technology (IT) employees and contractors to perform their job duties (e.g., systems administration, data protection, troubleshooting, etc.), prevent malware, protect the District Network and comply with legal requests.  Violations of any of the procedures set forth below will be dealt with in the same manner as violations of other District policies and may also result in the temporary or permanent loss or modification of computer account and resource access privileges, and/or civil or criminal legal action.
 
Acceptable Uses:

  • Conducting the business of the District.
  • Developing and preparing course material.
  • Communication and exchange for professional development, to maintain currency, or to debate issues in a field or sub field of knowledge.
  • Research and instructional activities.
  • Applying for or administering grants or contracts for research or instruction.
  • Any other administrative communications or activities in direct support of research and instruction.
  • Announcements of new products or services for use in research or instruction, but not advertising of any kind.
  • Personal use of District electronic mail and computer services used for personal purposes provided that such use does not directly interfere with the District operation of computer facilities or electronic mail services, and provided that such use does not interfere with job requirements or work performance.

Unacceptable Uses:

  • Accessing computers, accounts or folders, other than your own, except those specifically authorized by your supervisor or District ITSS.
  • Intruding into any system in such a way as to diminish the effectiveness of system performance.
  • Use for private for-profit activities.
  • Advertising of products or services.

E-mail
The e-mail at SJECCD is to provide a convenient way of communicating among students, faculty, staff, administrators and professional colleagues.  It is expected that SJECCD computer users will use common courtesy in the use of e-mail. Specifically, the following activities are not acceptable:

  • Hate mail, harassment, discriminatory remarks, abusive remarks and the like. Messages should not contain profanity, obscene comments, sexually explicit material, or expressions of bigotry or hatred. Notable exceptions could apply to e-mail messages appropriately pertaining to course curriculum.
  • E-mail that is not District business such as “Chain letters,” “broadcasting” messages to lists or individuals, and other types of use which would cause congestion of the networks or otherwise interfere with the work of others.

Software Licensing
All commercial software used on college computers must be licensed to the college, District or to the individual who is using the software.  All software should be assumed to be commercial unless otherwise noted.  Computer users must respect copyrights and licenses to software and other online information.  The District has the capability and reserves the right to electronically review and update the software installed on all District computers 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, any District equipment or system, except pursuant to a valid license or as otherwise permitted by copyright law.

  1. District-wide Software Licenses
    SJECCD has obtained favorable site licenses for many products, including Microsoft Office Suite, Office 365, Microsoft Operating Systems, Datatel/Colleague, virus protection software and others.  For a list of software that is licensed to the District contact the ITSS or CTSS offices.

  2. Departmental Software Licenses
    In order to maintain consistency and receive the best possible discounts, the ITSS & CTSS departments will purchase and load a set of standardized programs on all District computers.  Individual departments can purchase specialized software for use by the employees of that department on a limited basis provided this is coordinated with the ITSS & CTSS departments.  License information should be kept in the departmental office and be available for examination if required by a college, district or law enforcement official.

  3. Individual Software Licenses
    The District is responsible for providing access to all software necessary in the performance of an employee’s required duties.

  4. Copying Software
    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.

  5. 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.  From time to time faculty may need to install software on their primary computer. 

This software must be licensed to the individual or the department.  All appropriate license fees should be paid. This software must be reported to the appropriate departmental manager.

Students shall not be permitted to install software on District computers.
 
Any fines levied for pirated software will be paid by the individual(s) who installed and/or knowingly used the pirated software in question on a District computer.
 
NOTE: Districts may reference the electronic information security standard created by the California Community Colleges Technology Center.  The California Community Colleges Technology Center has helpful information on this subject which can be accessed on their website.

Security
Security on any computer system is a high priority, especially when the system involves many users.  If any employee believes there is a security problem on any of the District computers, the ITSS Help Desk should be notified immediately.  Do not demonstrate the problem to other users.

  1. Usernames, Passwords, Personal Identification Numbers (PINS).  Persons using the District’s networks may be issued usernames, passwords and/or PINS. These ID’s:
    • Are unique to the individual and should be guarded carefully.
    • Give the user of the ID access to certain data, files, information and resources within the District’s electronic resources.
    • Will be treated as electronic signatures and carry the same authority as a written signature when used in conjunction with District or college documents, screens, telephone systems or web forms.  If a user believes someone else is using his/her ID, they should contact the ITSS Help Desk immediately.
  2. Data Security
    • Users must not give their passwords to anyone.
    • Users shall not misrepresent other users on the network.
    • Users shall not attempt to gain unauthorized access to data, information, system programs or computer equipment.
    • Users should change their passwords according to the password reset rules.
    • Users must not interfere with others access and use of the District computers.  This includes 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.
  3. Network Security.
    Network Security is the responsibility of every individual who uses the District’s computer and network resources.  All managers and technical employees should be especially aware of the possible vulnerabilities.  ITSS is responsible for maintaining security through the issuing of passwords, and administration the “Secured” network.  No deviations should be made to these security measures without the written permission of the Chief Information Systems Officer or his/her designee.

The following guidelines help ensure that only authorized users will have access to the College and District’s secured data.

  • The network backbone serving the colleges has been divided into two different and distinct networks: the Admin Network and the Student Network.
  • All computers regularly used by students or accessible to the general public are placed in the Student Network.  These computers and their authorized users have access to the various web servers, academic support software, faculty distribution files, etc.
  • All computers regularly used by employees of the District, and not generally available for student use, are placed in the Admin Network.  These computers and their authorized users have physical access to campus e-mail systems, file servers, print servers and the central databases (e.g., Student Information System).
  • All employees of the District who make regular use of the computer systems are issued passwords to the network.  These passwords should be treated as confidential and never released to anyone.
  • If someone who is not a regular employee of the District (e.g. student workers, contractors, etc.) has need of a password, this authorization can be provided by a District/college manager AND the Chief Information Systems Officer.

Privacy
Users should be aware that their electronic communications can come under scrutiny under certain provisions of California law and therefore should use good judgment and common courtesy in using these systems.  The California Public Records Act (Government Code Sections 6250 et seq.) includes computer transmissions in the definition of “public records” and nonexempt communication made on the District network and computers must be disclosed if requested by a member of the public.
 
Pursuant to the terms of this policy, the District reserves the right to monitor all use of the District network and computers for legitimate District purposes, including but not limited to ensuring compliance with policy and procedure, and to protecting the integrity and security of the system.  In keeping with its commitment to academic freedom and respect for privacy, the District will monitor its network and computers using the least intrusive means possible to accomplish such purposes.
 
These guidelines do not address the ownership of intellectual property/copyright stored on or transmitted through the District electronic communication resources. See SJECCD/FA, AFT 6157 Contract-Article 4.
 
The District may inspect, monitor, and disclose an individual’s electronic records only when one of the following conditions is met:

  • An employee’s written permission is obtained by the District prior to any access for the purpose of examination or disclosure.
  • A search warrant has been issued permitting the inspection.
  • Examination and disclosure without the holder’s consent shall be limited to only those communications required by law, relevant to specific violations of policy, or necessary to critical time-dependent operations.
  • The District shall not inspect any personal material saved, stored, retained, or distributed by said computer or equipment without a search warrant in accordance with judicial safeguards, and all employees have an expectation of privacy in their personal materials.
  • The District will issue, in a manner consistent with law, an annual report to the AFT 6157 summarizing instances of non-consensual examination or disclosure of electronic communications regarding faculty members without revealing personally identifiable data.

Users should be aware that:

  • 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.
  • ITSS employees who operate the system have the ability to access all files stored on the District’s servers. Such access shall be done only in accordance with the terms set forth in this Computer and Network Use Policy and Procedures.
  • Computer transmissions and electronically stored information may be discoverable in litigation and in any other proceeding that allows for formal discovery.

Privacy of Use
The District acknowledges that due to the nature of the relationship between the District and the recognized employee unions on personnel disputes and bargaining matters, those unions and their members will have an expectation of privacy with respect to the content of their email communications involving such matters to the extent permitted by law.  The District also acknowledges that faculty members have an expectation of privacy with respect to the content of email communications transmitted to students in the performance of teaching duties, pursuant to the terms of the District’s contract with AFT 6157.  The District shall follow the requirements of union contracts concerning disciplinary actions whenever consideration is being given to any kind of disciplinary action including suspending or terminating an employee’s access to District computer and network resources.

Vandalism
Vandalism is defined as any purposeful attempt to harm, modify or destroy District computer software, hardware, SJECCD data, or any of the other networks that are connected to the Internet.  This includes, but is not limited to, the uploading or creation of computer viruses.  A person who commits any of the following acts not only violates this policy but may also face legal liability, including possible fines and/or imprisonment pursuant to Penal Code Section 502(c):

  • Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.
  • Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
  • Knowingly and without permission uses or causes to be used computer services.
  • Knowingly accesses and without permission adds, alters, damages, deletes, releases or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
  • Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.
  • Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.
  • Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.
  • Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
  • Knowingly and without permission uses the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and thereby damages or causes damage to a computer, computer system, or computer network.

Access to Institutional Data
Data users are expected to access institutional data only in their conduct of District business, to respect the confidentiality and privacy of individuals whose records they may access, to observe any ethical restrictions that apply to data to which they have access, and to abide by applicable laws or policies with respect to access, use or disclosure of information.  Expressly forbidden is the disclosure of limited-access or District-internal institutional data or the distribution of such data in any medium, except as required by an employee’s job responsibilities.  Users must not release any individual’s (e.g., student, faculty, staff) personal information to anyone without proper authorization.  Also forbidden is the access or use of any institutional data for one’s own personal gain or profit, for the personal gain or profit of others, or to satisfy one’s own personal curiosity. Institutional data that contains protected confidential information such as social security numbers, personally identifiable information and student privacy information must be protected and safeguarded according to state and federal laws.
 
Access to Internet Data
Faculty, staff and students will have access to the Internet, from most District computers.  It is intended that the Internet will be used to conduct official college business or in the pursuit of scholarship.  Any restrictions on the use of the Internet by faculty, staff or students will be made either by college, departmental or office procedures.
 
Nondiscrimination
All users have the right to be free from any conduct connected with the use of the District network and computer resources which discriminates against any person on the basis of the protected categories cited in BP 3410 titled Nondiscrimination.
 
Dissemination and User Acknowledgment
All users shall be provided copies of these procedures and be directed to familiarize themselves with them.
 
Computer and Network Use Agreement (Sample Language)
I have received and read a copy of the District Computer and Network Use Policy and Procedure and this Agreement dated, and recognize and understand the District Computer and Network Use Policy and Procedure.  I agree to abide by the standards set forth in this policy and procedure for the duration of my employment or enrollment.

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

Administrative Procedure 3750
Use of Copyrighted Material

Employees and students shall not reproduce copyrighted materials without prior permission of the copyright owner, except as allowed by the “fair use” doctrine.

Fair Use 
The “fair use” doctrine permits limited use of copyrighted materials in certain situations, including teaching and scholarship.  In some instances, copyright may be required for works that fall within “fair use.”

  1. Single Copying for Teachers
    A single copy may be made of any of the following by or for a teacher at his/her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
    1. A chapter from a book
    2. An article from a periodical or newspaper
    3. A short story, short essay or short poem, whether or not from a collective work
    4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
  2. Multiple Copies for Classroom Use
    Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that:
    1. The copying meets the tests of brevity and spontaneity as defined below; and
    2. Meets the cumulative effect test as defined below; and
    3. Each copy includes a notice of copyright

Reference:
Copyright Act, Section 107
 
Definitions:
Brevity:

  1. Poetry:
    a. A complete poem if less than 250 words and if printed on not more than two pages, or 
    b. From a longer poem, an excerpt of not more than 250 words.
  2. Prose:
    a. Either a complete article, story or essay of less than 2,500 words, or
    b. An excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

    (Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.)

  3. Illustration:
    1. One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
  4. "Special" works:
    1. Certain works in poetry, prose, or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety.  Paragraph "i" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof may be reproduced.

Spontaneity:

  1. The copying is at the instance and inspiration of the individual teacher; and
  2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect:

  1. The copying of the material is for only one course in the school in which the copies are made.
  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
  3. There shall not be more than nine instances of such multiple copying for one course during one class term.  (The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.)

Prohibitions:

Notwithstanding any of the above, the following shall be prohibited:

  1. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works.  Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.
  2. There shall be no copying of or from works intended to be "consumable" in the course of study or teaching.  These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
  3. Copying shall not:
    1. substitute for the purchase of books, publisher's reprints or periodicals
    2. be directed by higher authority
    3. be repeated with respect to the same item by the same teacher from term to term.
  4. No charge shall be made to the student beyond the actual cost of the photocopying.

Compilations

Permission from the copyright owner should be obtained when using excerpts of copyrighted work to create anthologies or “course packs,” even if the excerpts fall under the definitions in the “fair use” doctrine.

References:
Basic Books, Inc. v. Kinko's Graphics Corp. (S.D.N.Y. 1991) 758 F.Supp. 1522; and
Princeton University Press v. Michigan Document Services, Inc. (6th Cir. 1996) F.3d 1381
 
Online Courses
The Teach Act provides instructors greater flexibility to use third party copyrighted works in online courses.  An individual assessment will be required to determine whether a given use is protected under the Act.  The following criteria are generally required:

  • The online instruction is mediated by an instructor.
  • The transmission of the material is limited to receipt by students enrolled in the course.
  • Technical safeguards are used to prevent retention of the transmission for longer than the class session.
  • The performance is either of a non-dramatic work or a “reasonable and limited portion” of any other work that is comparable to that displayed in a live classroom session.
  • The work is not a textbook, course pack, or other material typically purchased or acquired by students for their independent use and retention, including commercial works that are sold or licensed for the purposes of digital distance education.
  • The District does not know, or have reason to know, that the copy of the work was not lawfully made or acquired.
  • The District notifies students that the works may be subject to copyright protection and that they may not violate the legal rights of the copyright holder.

References:
The TEACH (Technology, Education and Copyright Harmonization) Act;
U.S. Code 17, Copyright Act, Sections 110(2) and 112

Obtaining Permission to Use Copyrighted Material
The permission to obtain use of copy written material shall be coordinated through the office of the Vice Chancellor of Information Technology.

References:
Education Code Sections 32360 and 67302;
U. S. Code Title 17, Copyright Act of 1976

San José Evergreen Community College District (SJECCD) has a board policy and administrative procedure relating to credit for prior learning also known as transfer of credit policies.  Information on articulation agreements may be found under the subheading of “Articulation Agreements” under consumer information.

Board Policy 4235
Credit for Prior Learning
 
Ensuring equitable access to educational opportunities, course credit may be earned by students who satisfactorily complete an assessment or examination of prior learning.  The District Chancellor shall consult with the Academic Senates and rely primarily on the recommendations of the Academic Senates to establish administrative procedures to implement this board policy.
 
See AP 4235

Reference:
Title 5 Section 55050 et seq.

Administrative Procedure 4235
Credit for Prior Learning

Credit for Prior Learning 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 (CEEB).  Transfer institutions policy can vary.
  • Achievement of a satisfactory score that qualifies for credit by College Level Examination Program (CLEP) examination.
  • Achievement of a satisfactory score on a high-level International Baccalaureate (IB) examination.
  • 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.
  • Assessment approved or conducted by proper authorities of the colleges.
  • Evaluation of Joint Services Transcripts (JST).
  • Evaluation of student-created portfolios.
  • Evaluation of industry-recognized credential documentation.
  • Documentation of industry recognized training received while incarcerated.
  • The JST transcript evaluation and military service/training will be based on the American Council on Education (ACE) recommendation and discipline faculty approval.
  • Discipline faculty shall determine credit course equivalency for students who complete public services academies (police academy, fire academy, and correction academy, etc.).
    The determination to offer Credit for Prior Learning (CPL) rests solely on the discretion of faculty within their discipline.

Credits acquired by examination are not applicable to meeting of such unit load requirements as Selective Service deferment, Veteran's or Social Security benefits.

While credit may be granted by the College, acceptance of Credit for Prior Learning (CPL) units varies by transfer institution.  Please refer to the transfer institution’s CPL policies.

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 college catalog.  Not all courses are eligible for credit for prior learning.  Award of credit may be made to general education, major requirements and electives if necessary for a student to meet their goals.
 
Determination of Eligibility to Receive Credit for Prior Learning:

  • The student must be currently registered at the college and in good standing,
  • The course is listed in the college catalog, and
    • The student is not currently enrolled in the course to be challenged. 

Credits acquired by credit for prior learning shall not be counted in determining the 12 semester units of credit in residence required for an Associate degree.
 
PROCEDURES:

  • The student’s academic record clearly indicates that the credit was earned by assessment of prior learning.
  • There may be other limits on student and course eligibility for credit for prior learning.
  • Upon completion of his/her educational plan pursuant to Education Code Section 78212, student shall be referred to the college’s appropriate authority for assessment of prior learning if the student is a veteran, reservist, including National Guard, an active-duty member of the armed forces, holds industry-recognized credentials, or requests credit for a course based on their prior learning.
  • Students shall be given the opportunity to accept, decline, or appeal the grade assigned by the faculty and in cases of credit by examination, pursuant to AP 4231, and AP 4230.

References:
Education Code Section 79500;
Title 5 Sections 55050, 55051, 55052, and 55052.5

San José Evergreen Community College District (SJECCD) has passed various board policies and administrative procedures relating to drug and alcohol abuse prevention information.

Administrative Procedure 3500
Campus Safety
  
A campus safety plan shall be developed and provided to students in the form of a Campus Security Report which is published annually.
 
The Chief of Police prepares and annually updates a report of all occurrences reported to District Police the San José Police Department and the Milpitas Police Department 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 shall be distributed to The Board of Trustees, all students and District employees consistent with the Clery Act requirements and will also be posted on the Campus Police webpage.
 
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.

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

Board Policy 3515
Reporting of Crimes 
 
The District Chancellor shall assure that, as required by law, reports are prepared of all occurrences reported to Campus Police of and arrests for crimes committed on campus that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication.  The District Chancellor shall further assure that required reports of non-criminal acts of hate violence are prepared.  Such reports shall be made available as required by law.

Reference:
Education Code Section 67380

Administrative Procedure 3515
Reporting of Crimes
 
Members of the District who are witnesses or victims of a crime should immediately report the crime to Police Services.
 
In the event an employee is assaulted, attacked or menaced by a student, the employee shall notify his/her supervisor as soon as practical after the incident.  The supervisor of any employee who is attacked, assaulted, or menaced shall assist the employee to promptly report the attack or assault to Police Services.  The supervisor himself/herself 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 will instruct members of Police Services to notify students and employees complaining of sexual violence of their right to file a sex discrimination complaint with the District in addition to filing a criminal complaint, and to report incidents of sexual violence to Police Services if the complainant consents.
 
The District shall publish warnings to the campus community about the following crimes that are reported to Police Services and are determined to be an on-going threat to the campus community:

  • 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;

In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of Police or his/her designee, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued.  The warning will be issued through the District emergency notification system to students, faculty, and staff.  The information shall be disseminated by Police Services 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 Chief of Police or his/her designee may also post a notice on the campus-wide electronic bulletin board on the District website at www.sjeccd.edu providing the community with more immediate notification.  The electronic bulletin board is immediately accessible via computer by all faculty, staff and students.  Anyone with information warranting a timely warning should report the circumstances to Police Services, by phone 408-270-6468 or in person at Evergreen Valley College, 3095 Yerba Buena Road, San José, CA 95135 or San José City College, 2100 Moorpark Avenue, Student Center 108, San José, CA 95128 during normal business hours.
 
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 or 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 prospective 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 District Police at Evergreen Valley College, 3095 Yerba Buena Road, San José, CA 95135 or San José City College, 2100 Moorpark Avenue, Robert N. Chang Student Center, Room SC-108, San José, CA 95128 during normal business hours or at the Website address published in http://www.sjeccd.edu/district-services/district-police.
 
To Report a Crime:
Contact Police Services at 408-270-6468 or dial 9-1-1 from an internal district phone.  Any suspicious activity or person seen in the parking lots or loitering around vehicles or inside buildings should be reported to the police department.
 
If you are the victim of a crime and do not want to pursue action within the District’s System or the criminal justice system, you may still want to consider making a confidential report.  With your permission, the Vice President of Student Affairs can file a report on the details of the incident without revealing your identity.  The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others.  With such information, the District can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger.  Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution.
 
Police Services encourages anyone who is the victim or witness to any crime to promptly report the incident to the police.  Because police reports are public records under state law, the Police Services cannot hold reports of crime in confidence.  Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other campus security authorities as identified below.  Confidential reports of crime may also be made to Vice President of Student Affairs at SJCC at (408) 288-3729 or the Vice President of Student Affairs at EVC at (408) 223-6738.
 
Required Reports to Local 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 his/her right to have his/her 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.

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(a)(13), (14) and 668.46;
Campus Security Act of 1990

Board Policy 3550
Drug-Free Environment and Drug Prevention Program 
 
The District shall be free from all unlawful drugs and from the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
 
The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in all facilities under the control and use of the District.
 
Any student or employee who violates this policy will be subject to disciplinary action (consistent with local, state, federal law, or collective bargaining agreement as appropriate), which may include referral to an appropriate rehabilitation program, suspension, demotion, expulsion, or dismissal.
 
The District Chancellor shall assure that the District distributes annually to each student and employee the information required by the Drug-Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act.
 
Also see BP/AP 3560 titled Alcoholic Beverages, BP/AP 5500 titled Standards of Student Conduct, BP/AP 7360 titled Discipline and Dismissal – Academic Employees, and BP/AP 7365 titled Discipline and Dismissal – Classified Employees

References:
Drug Free Schools and Communities Act, 20 U.S. Code Section 1011i;
34 Code of Federal Regulations Sections 86.1 et seq.;
Drug Free Workplace Act of 1988, 41 U.S. Code Section 8103

Administrative Procedure 3550
Drug-Free Environment and Drug Prevention Program

The District is committed to providing its employees 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.

 
Student Safety
The District shall provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and information about the use and location of fentanyl test strips and opioid overdose reversal medication to students at all campuses.  The District will notify students of the presence and location of fentanyl test strips through a method such as email.
 
Each campus health center shall apply to distribute dosages of a federally approved opioid overdose reversal medication and participate in the Naloxone Distribution Project administered by the State Department of Health Care Services.  Upon approval to distribute dosages of a federal approved opioid overdose reversal medication and participation in the Naloxone Distribution Project, each campus health center will distribute a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project.  Each campus health center will also stock fentanyl test strips in the campus health center and distribute the fentanyl test strips through the campus health center.  The campus health center will distribute written instructions on how to properly use the fentanyl test strips together with the fentanyl test strips.

References:
Drug Free Schools and Communities Act Amendment of 1989;
20 U.S. Code Section 1145g;
34 Code of Federal Regulations 86.1 et seq.;
Federal Drug-Free Workplace Act of 1988;
41 U.S. Code Section 702
Education Code Section 67384

Administrative Procedure 3560
Alcoholic Beverages
 
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 District Police Department.  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 District Police Department.  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 event, or 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 college president or designee.
  • 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 an 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 or 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 for use at a professional minor league baseball game played at a college stadium pursuant to a contract between the District and a professional sports organization.
  • 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 Foundation 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, 25658 and 25668;
34 Code of Federal Regulations Part 668.46 subdivision (b)  

Board Policy 5500
Standards of Student Conduct
 
The President or designee shall establish procedures for the imposition of discipline on students in accordance with the requirements for due process of the federal and state law and regulations.
 
The procedures shall clearly define the conduct that is subject to discipline, and shall identify potential disciplinary actions, including but not limited to the removal, suspension or expulsion of a student.
 
Suspension or expulsion shall apply to both campuses.
 
The Board shall consider any recommendation from the President for expulsion. The Board shall consider an expulsion recommendation in closed session unless the student requests that the matter be considered in a public meeting. Final action by the Board on the expulsion shall be taken at a public meeting.
 
The procedures shall be made widely available to students through the college catalog and other means.
 
Definitions:
The following are examples of conduct that shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under BP 3433 Prohibition of Sexual Harassment under Title IX:

  1. Causing, attempting to cause, or threatening to cause physical injury to another person.
  2. 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 Police Chief.
  3. Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Section 11053 et seq., 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.
  4. Committing or attempting to commit robbery or extortion.
  5. Causing or attempting to cause damage to District property or to private property on campus.
  6. Stealing or attempting to steal District property or private property on campus, or knowingly receiving stolen District property or private property on campus.
  7. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the college or the District.
  8. Committing sexual harassment as defined by law or by District policies and procedures.
  9. Engaging in harassing or discriminatory behavior based on race, sex, religion, age, national origin, disability, or any other status protected by law.
  10. Willful misconduct that results in injury or death to a student or to District personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the District or on campus.
  11. Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.
  12. Cheating, plagiarism (including plagiarism in a student publication), or engaging in other academic dishonesty as defined by the college and the consequences that will be applied.
  13. Dishonesty; forgery; alteration or misuse of District documents, records or identification; or knowingly furnishing false information to the District.
  14. Unauthorized entry upon or use of District facilities.
  15. Lewd, indecent or obscene conduct or expression on District-owned or controlled property, or at District sponsored or supervised functions.
  16. Engaging in expression which includes but is not limited to obscene, libelous or slanderous remarks, or which so incites students as to create a clear and present danger of the commission of unlawful acts on District premises, or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District.
  17. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
  18. Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any district policy or administrative procedure.
  19. Sexual assault or stalking

Reference:
Education Code Sections 66300, 66301; Accreditation Standard II.A.7.b

Administrative Procedure 5500
Standards of Student Conduct
 
Definitions
The following conduct shall constitute good cause for discipline, including but not limited to the removal, suspension or expulsion of a student, except for conduct that constitutes sexual harassment under Title IX, which shall be addressed under AP 3433 Prohibition of Sexual Harassment under Title IX, and AP 3434 Responding to Harassment Based on Sex under Title IX.

  • 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 or designee.
  • Unlawful possession, use, sale, offer to sell, or furnishing, or being under the influence of, any controlled substance listed in California Health and Safety Code Sections 11053 et seq., 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 private property on campus.
  • 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.
  • Sexual assault or sexual exploitation regardless of the victim’s affiliation with the District.
  • Committing sexual harassment as defined by law or by District policies and procedures.
  • Engaging in harassing or discriminatory behavior based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other status protected by law.
  • Engaging in intimidating conduct or bullying against another student through words or actions, including direct physical contact; verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.
  • Willful misconduct that results in injury or death to a student or to District 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 is addressed in the respective college catalog.
  • Dishonesty; forgery; alteration or misuse of District documents, records or identification; or knowingly furnishing false information to the District.
  • Unauthorized entry upon or use of District facilities.
  • Lewd, indecent or obscene conduct or expression on District-owned or controlled property, or at District 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 District premises, or the violation of lawful District regulations, or the substantial disruption of the orderly operation of the District.
  • Persistent, serious misconduct where other means of correction have failed to bring about proper conduct.
  • Unauthorized preparation, giving, selling, transfer, distribution, or publication, for any commercial purpose, of any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction, including but not limited to handwritten or typewritten class notes, except as permitted by any District policy or administrative procedure.

Students who engage in any of the above are subject to the procedures outlined in AP 5520 titled Student Discipline Procedures.
 
Also see BP/AP 3410 titled Nondiscrimination, BP/AP 3430 titled Prohibition of Harassment, AP 3435 titled Discrimination and Harassment Investigations, BP 5500 titled Standards of Student Conduct, AP 5520 titled Student Discipline Procedures,  AP 5530 titled Student Rights and Grievances, San José City College Catalog and Evergreen Valley College Catalog.

References:
Education Code Sections 66300, 66301, 72122, and 76030;
WASC/ACCJC Accreditation Standards I.C. 8 and 10

Administrative Procedure 5520
Student Discipline Procedures: Violations of Student Conduct

The purpose of this procedure is to provide a prompt and equitable means to address violations of the Standards of Student Conduct (BP 5500), 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.
 
Definitions (in alpha order):
 
Day – Days during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
 
Designee – Employee (i.e., class instructor, police officer, DOSDA, DOSL, Vice President) appointed by the College President.
 
DOSDA – Director of Student Development and Activities (title at San José City College).
 
DOSL – Director of Student Life (title at Evergreen Valley College).
 
District – The San José -Evergreen Community College District.
 
Expulsion – Exclusion of the student by the Board of Trustees from all colleges in the District for one or more terms.
 
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.
 
Long-term Suspension – Exclusion of the student by the College President or designee 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.
 
Removal from class – Exclusion of the student by an instructor for the day of the removal and the next class meeting.
 
Short-term Suspension – Exclusion of the student by the College President or designee for good cause from one or more classes for a period of up to ten consecutive days of instruction.
 
Student – Any person currently enrolled as a student at any college or in any program offered by the District.
 
VPSS – College Vice President of Student Services.
 
Withdrawal of Consent to Remain on Campus – Withdrawal of consent by the College President, VPSS, or the District Chief of Police for any person to remain on campus in accordance with California Penal Code Section 626.4 where the College President, VPSS, or Chief of Police has reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus.
 
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.
 
Short-term Suspensions, Long-term Suspensions, and Expulsions: 
Before any disciplinary action to suspend or expel is taken against a student, the following procedures will apply:

  • Notice – The VPSS or DOSDA/DOSL 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 DOSDA/DOSL 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 15 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 15 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 DOSDA/DOSL, the meeting must occur no sooner than 5 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.  

Short-term Suspension – Within 15 Days after the meeting described above, the College President shall, pursuant to a recommendation from the VPSS or DOSDA/DOSL decide whether to impose a short-term suspension, whether to impose some lesser disciplinary action, or whether to end the matter.  Written notice of the College President or designee’s 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 College President or designee’s decision on a short-term suspension shall be final.
 
Long-term Suspension – Within 15 Days after the meeting described above, the College President shall, pursuant to a recommendation from the VPSS or designee, decide whether to impose a long-term suspension.  Written notice of the College President’s decision shall be provided to the student.  The notice will include the right of the student to request a formal hearing before a long-term suspension is imposed, and a copy of this policy describing the procedures for a hearing.
 
Expulsion – Within 10 Days after the meeting described above, the College President shall, pursuant to a recommendation from the VPSS, decide whether to recommend expulsion to the Board of Trustees.  Written notice of the President’s decision shall be provided 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 this policy describing the procedures for a hearing.
 
Hearing Procedures – Request for Hearing.
 
Within 10 Days after receipt of the College President’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 College President or designee.
 
Schedule of Hearing – The formal hearing shall be held within 10 Days after a formal request for hearing is received.
 
Hearing Panel – The hearing panel for any disciplinary action shall be composed of one representative from the Academic Senate, one representative from classified staff, one from the Associated Student Government (“ASG”), and one administrator assigned by the College President.
 
The College President, the president of the Academic Senate, CSEA, and the ASG 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 College President shall appoint the hearing panel from the names on these lists.  However, no administrator, faculty member, classified staff 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 College President 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 accusation against the student 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 DOSDA/DOSL.
 
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 his or her 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 himself/herself, and may also have the right to be represented by a person of his/her 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, a written request must be presented 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 7 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 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 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. Tape 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 tape 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 10 Days following the close of the hearing, the hearing panel shall prepare and send to the College President a written recommendation.  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 recommendation shall also include a specific recommendation regarding the disciplinary action to be imposed, if any.  The recommendation 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.
 
College President’s Decision:

Long-term suspension – Within 10 Days following receipt of the hearing panel's recommendation, the College President shall render a final written decision.  The College President may accept, modify or reject the findings, decisions and recommendations of the hearing panel.  If the College President modifies or rejects the hearing panel's recommendation, the College 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
College President shall be final.
 
Expulsion – Within 10 Days following receipt of the hearing panel's recommendation, the College President shall render a written recommended decision to the Board of Trustees.  The College President may accept, modify or reject the findings, decisions and recommendations of the hearing panel.  If the College President modifies or rejects the hearing panel's recommendations, he or she shall review the record of the hearing, and shall prepare a new written decision which contains specific factual findings and conclusions.  The College President’s decision shall be forwarded to the Board of Trustees.
 
Board of Trustees Decision:

The Board of Trustees shall consider any recommendation from the College 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 College President and/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 College President may order immediate suspension of a student where he/she concludes 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 his/her class for the day of the removal and the next class meeting.  The instructor shall immediately report via email to the DOSCA and the Department Dean the name and ID number of the student as well as the date and details of the incident.  The DOSDA/DOSL shall arrange for a conference between the student and the instructor regarding the removal.  If the instructor or the student requests, the DOSDA/DOSL shall attend 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 DOSDA/DOSL 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 College President, the VPSS, or the District Chief of Police, 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, he/she must promptly leave or be escorted off campus. 
 
If consent is withdrawn by the VPSS or Chief of Police, he or she shall submit a written report to the College President as soon as possible including: (1) a description of the person from whom consent was withdrawn, and (2) a statement of facts giving rise to the withdrawal of consent.  If the College President (or designee in the President’s absence), upon reviewing the report, finds that there was reasonable cause to believe the person willfully disrupted the orderly operation of the campus or facility, he or she may enter written confirmation on the report of the action taken by the VPSS or the Chief of Police.  If the College President (or designed in the President’s absence) does not confirm the action of the VPSS or Chief of Police within 24 hours after the time that consent was withdrawn, the action of the VPSS or Chief of Police shall be deemed void and of no force or effect, except that any arrest made during such period shall not for this reason be deemed not to have been made for probably cause.
 
The person from whom consent has been withdrawn may submit a written request to the VPSS 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.

References:
Education Code Sections 66300, 72122, and 76030

San José City College has an intercollegiate athletic program and is required to prepare an annual report in compliance with the Equity in Athletics Disclosure Act (EADA) to the U.S. Department of Education on athletic participation, staffing, and revenues and expenses, by men’s and women’s teams.

To access equity in athletics data collected by the U.S. Department of Education from thousands of colleges and universities in a convenient searchable form, please visit http://ope.ed.gov/athletics/

This portion of the Consumer Information also applies to Consumer Information for Student Athletes as defined by the U.S. Department of Education and due to San José City College not offering athletically related student aid.

San José City College

According to the U.S. Department of Education, “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 applies to the education records of persons who applied for admission, or who are or have been in attendance in postsecondary institutions, including students in cooperative and correspondence study programs and in any non-traditional delivery process, such as distance learning.  This consent does not cover health, medical, or mental health records held solely by Student Health Services.

FERPA goes into effect upon the submission of the admission application to the college.  FERPA compliance is not forfeited if an applicant does never enrolls at the college or registers for courses.

FERPA rights may be waived by students upon submission of a completed, signed, and dated written consent by the individual student.  The person(s) to be given information regarding the student must be specifically identified on the written statement by name and relationship.

Under FERPA the student has the right to:

  • Inspect and review their education records,
  • Request to amend their education records, and
  • Limit disclosure of personally identifiable information (information that would directly identify the student)

Education records are defined as records that are:

  • Directly related to a student, and
  • Maintained by an educational institution or a party acting for the institution

Education records are not:

  • Sole possession records,
  • Law enforcement unit records,
  • Employment records,
  • Health, medical or mental health records, and
  • Post attendance records

FERPA allows schools to disclose records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):*

Exceptions include:

  • School officials with legitimate educational interests,
  • Other schools to which a student is transferring,
  • Specified officials for audit or evaluation purposes,
  • Appropriate parties in connection with financial aid to a student,
  • Organizations conducting certain studies for or on behalf of the school,
  • Accrediting organizations,
  • To comply with a judicial order or lawfully issued subpoena,
  • Appropriate officials in cases of health and safety emergencies, and
  • State and local authorities within a juvenile justice system pursuant to specific state law

Directory information shall include:

  • Full name,
  • Student email address,
  • Student identification number,
  • Dates of attendance,
  • Student participation in officially recognized activities and sports including weight, height, and high school of graduation of athletic team members, and
  • Degrees, certificates, and awards received by students, including honors, scholarship awards, athletic awards, President’s List, and Dean’s List recognitions

*Directory information may be issued at the San José Evergreen Community College District’s sole discretion to third-party vendors who need this data to provide requested technical services/resources for the District.  Such vendors will be required to protect the data per contract agreement and applicable federal and state laws and regulations and in accordance with applicable District board policies and administrative procedures.

San José City College offers associate of arts, associate of science, and associate degrees for transfer.  The distinct number of earned associate degrees are noted below.  Note that students may earn more than one associate degree in the same academic year.

  • 2019-2020 Academic Year – 460 associate degrees
  • 2020-2021 Academic Year – 595 associate degrees
  • 2021-2022 Academic Year – 558 associate degrees

San José City College offers certificates of achievement approved by the California Community Colleges Chancellor’s Office.  The district number of approved certification earners are noted below.  Note that students may earn more than one certificate of achievement in the same academic year.

  • 2019-2020 Academic Year – 511 certificates of achievement
  • 2020-2021 Academic Year – 522 certificates of achievement
  • 2021-2022 Academic Year – 554 certificates of achievement

San José City College offers courses that lead to associate of arts, associate of science, associate degrees for transfer, and certificates of achievement.  Course completion is important for the completion of student educational goals.  Course complete rates are noted below.

  • 2019-2020 Academic Year – 73% successful course completion rate
  • 2020-2021 Academic Year – 74% successful course completion rate
  • 2021-2022 Academic Year – 73% successful course completion rate

The San José Evergreen Community College District in accordance with the Family Educational Rights and Privacy Act (FERPA) has a health and safety exception that permits the disclosure of personally identifiable information from a student’s record in case of an immediate threat to the health and safety of students or other individuals.

The District only discloses personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals.

FERPA Contact Information:
Student Privacy Policy Office
Privacy Technical Assistance Center (PTAC)
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
Phone: 1 (855) 249-3072
Contact: https://studentprivacy.ed.gov/contact
Website address: https://studentprivacy.ed.gov/

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the San José Evergreen Community College District designates itself as a hybrid entity performing both covered and non-covered functions, with the specifics of the designation to be outlined through administrative policy.  

The District Chancellor shall assure that protected health information, including student medical records and mental health records, is maintained in compliance with applicable federal and state laws relating to the privacy of student records.

The District Chancellor will implement and maintain appropriate safeguards to assure that protected health information is only accessed or disclosed when authorized by law.

The San José Evergreen Community College District will develop, maintain, and administer the HIPAA compliance policy concerning the use and disclosure of protected health information in compliance with applicable HIPAA regulations.  Each college will have a designated privacy officer that is responsible for enforcing privacy policies, investigating privacy concerns, providing training to their workforce, and more broadly managing the privacy program.

San José City College offers federal, state, and institutional financial aid to students who qualify.  Financial aid helps to ensure students have sufficient financial resources, enabling them to attend college.  San José City College provides fee waivers, grants, scholarships, loans, and work-study.  Financial aid provide help with all costs of attending college including, but not limited to, enrollment fees or tuition, textbooks, school supplies, room and board, personal and living expenses, transportation, childcare, and technology.  All students are encouraged to apply for financial aid.

Financial Aid Applications

Free Application for Federal Student Aid (FAFSA)
The FAFSA is the most commonly used application to apply for federal, state, and institutional financial aid. Students must be U.S. citizens, or eligible non-citizens, with a valid Social Security number. The FAFSA should be submitted online at https://studentaid.gov/. The Federal School Code for San José City College is 001282.

California Dream Act Application (CADAA)
The CADAA is the application for state and institutional financial aid to be used by undocumented students who are designated as AB 540 by the Admissions & Records Office at San José City College. The CADAA should be submitted online at http://dream.csac.ca.gov.

California College Promise Grant (CCPG)
The CCPG is the application specifically for the California College Promise Grant that waives the enrollment fee for eligible students. The grant is not direct aid to students but rather a fee waiver. Students who want to be considered for federal, state, and institutional financial aid are encouraged to submit the FAFSA or CADAA.

If you need help with your application, visit the Financial Aid Office, view our website or watch our video tutorials online https://sjcc.financialaidtv.com/.

Steps to Apply for Financial Aid

Step 1 - Apply for Financial Aid 
Complete the Free Application for Federal Student Aid, California Dream Act Application, or California College Promise Grant Application

Step 2 - Review Your Student Aid Report (SAR)
Review for accuracy and make changes, if needed

Step 3 - Complete Your Financial Aid File 
Log on to Student Forms http://sjcc.studentforms.com/ to submit required documents, if needed

Step 4 - Review Your Financial Aid Award & Eligibility 
Review awards and total cost of attendance on Financial Aid Self-Service

Step 5 - Set-Up Your BankMobile Refund Preference 
Enroll in direct deposit or select debit card option

Step 6 - Maintain Your Financial Aid Eligibility
Maintain satisfactory academic progress (SAP)

Types of Financial Aid Available (partial list)

California College Promise Grant (CCPG)
California College Promise Grant (formerly known as the Board of Governors Fee Waiver - BOGW) waives the enrollment fee for California residents or students eligible for AB 540 status, and do not have to be repaid.

Federal Pell Grant (Pell)
Federal Pell Grant is a need-based grant for lowincome, undergraduate students; dollar amounts vary based on individual eligibility and enrollment status per term.

Federal Supplemental Educational Opportunity Grant (FSEOG)
Federal Supplemental Educational Opportunity Grant is a need-based grant for undergraduate students with exceptional financial need; students must be registered for at least six (6) units per semester; dollar amounts vary based on available funds and enrollment status per term.

Federal Work-Study (FWS)
Federal Work-Study provides part-time jobs for students with financial need, allowing them to earn money to help pay their educational expenses; students must be registered for at least six (6) units per term. Students are not required to repay earned funds.

William D. Ford Federal Direct Loan (Direct Loan)
The William D. Ford Federal Direct Loan Program is a federal student loan under which eligible students borrow low interest loans to help pay educational expenses; students must be registered for at least six (6) units per term. Dollar amounts vary based on individual eligibility, grade level, and enrollment status per term. Students are required to repay borrowed funds, with interest.

Cal Grant
Cal Grant is awarded to eligible California residents or students eligible for AB 540, pursuing an undergraduate degree or vocational certificate; students must be registered for at least six (6) units per term; dollar amounts are set by the California Student Aid Commission (CSAC) and vary based on enrollment status per term.

Scholarships
Scholarships are student aid that does not need to be paid back. Eligibility is generally based on academic excellence, community service, athletic abilities, etc. The scholarship application and additional information is available online at San José City College website or by contacting the Financial Aid Office.

Satisfactory Academic Progress (SAP)

The Satisfactory Academic Progress (SAP) policy at San José City College complies with the Federal requirement of monitoring financial aid recipients’ progress toward eligible academic programs.  SAP will be evaluated at the end of each term (e.g., summer, fall, and spring).  This evaluation is based on the registered units/courses as of the end of the add/drop period of the term, reflecting students’ permanent academic record.  The evaluation accounts for the complete academic record at the San José Evergreen Community College District as well as any applicable units transferred from other institutions.

SAP Guidelines
To maintain SAP for financial aid purposes, students must: 

  1. Maintain at least a 2.0 cumulative grade point average (GPA). Per Federal regulation, any classes with grades replaced by academic renewal must still be considered in the GPA evaluation.
  2. Complete 67% of the units attempted overall.
    1. Classes with grades of A, B, C, D, CR, and P are considered completed units.
    2. Classes with grades of F, NC, NP, W, I, and RD are considered units attempted and not completed.
    3. Students who receive “I” or “RD” grades must notify the Financial Aid Office when records have been updated.
  3. Complete their program before attempting 150% of the program unit requirement (maximum timeframe).
    1. Students required to complete remedial level courses to meet their educational goals are allowed up to 30 units or two full-time semesters in addition to their program length.
    2. Students who require English as a Second Language (ESL) course work will have additional units in their maximum time frame.
    3. Course repeats are limited to the number of times specified in the College Catalog. Students may receive financial aid for a repeated course only once, regardless of the grade earned on the first attempt. Repeated courses are counted as part of the total number of attempted units.

Failure to meet the above requirements will result in a student being placed on denied status and must appeal to reinstate their financial aid.

Evaluation Policy

  1. All San José Evergreen Community College District and transferred course work applicable to a student’s degree is included in the SAP evaluation.
  2. Evaluation period shall start the first semester of enrollment and include classes from all terms regardless of financial aid eligibility status.
  3. Aid applicants must declare an eligible academic program with the Admissions & Records Office that:
    1. Leads to an Associate Degree (AA, AS, or ADT), or
    2. Is at least a 2-year program, acceptable for transfer to a four-year institution, or
    3. Is an approved certificate program that is at least 15 weeks long and requires a minimum of 16 semester units or 600 clock-hours.
  4. All financial aid applicants must have a current SAP evaluation on file:
    1. Academic progress standards must be evaluated as of the most recent term of enrollment, for returning students, and
    2. The most recent evaluation, for continuing students
    3. Transfer students must submit transcripts from all prior colleges attended to the Admissions & Records Office.

Calculation and Notification
All financial aid applicants’ SAP evaluation will be conducted upon grades posting after each term (e.g., fall, spring, and summer).

  1. Financial Aid Office personnel will evaluate SAP for students who submit applications during a given term.
  2. Following SAP evaluation, either after grades post each term, or within a term, email notifications will be sent to students informing them of their SAP status, and any further action required to reinstate their financial aid, as applicable.
    1. Record of these notifications being sent is maintained in Colleague in the IHS screen.

Appeal for Financial Aid Reinstatement Process
In accordance with federal regulations, financial aid recipients may appeal for financial aid reinstatement if they have been denied as a direct result of documented extenuating circumstances during the term(s) that SAP is not met.

Appeals for reinstatement of financial aid are reviewed by an individual from the Financial Aid staff, or a group of individuals from the Financial Aid staff and others with relevant information. Upon review the appeal will either be approved or denied based on academic history, educational plan, and completion of the appeal form with applicable documentation.

Appeal Instructions

  1. Attend an online SAP workshop.  Workshop information is posted on the Financial Aid Office webpage.
  2. Submit the completed appeal form with a current Educational Plan* by the stated deadline (refer to the appeal form).
  3. Provide written documentation and/or proof of extenuating circumstances.  Examples of these types of documents include:
    1. A signed, dated doctor statement specifying medical issues and affected dates.
    2. For circumstances such as car accidents, death in the family, required court appearances, etc., appropriate documentation must be submitted with the appeal.
  4. Examples of what is NOT considered extenuating circumstances include but are not limited to:
    1. Working too many hours
    2. Not ready for college work
    3. Transportation problems
  5. Appeals must be submitted on Student Forms for the academic year that the academic term resides (e.g., Academic Year 2024-2025 for spring 2025).  Instructions will be included in each student’s SAP notification for students on denied status.

*A current (dated no earlier than the previous semester) Educational Plan is required.  The Educational Plan does not necessarily need to be a full-comprehensive plan.  It must plan for enough units to reach satisfactory academic progress, assuming all classes are completed and passed.

Appeal Instructions for Maximum Timeframe (if additional time is needed):
Submit the completed appeal form with a current version of at least one of the following: Educational Plan* or Transfer Admission Agreement (TAA) or Petition for Graduation.

Appeal Response:
Students will be notified if the appeal is approved or denied.  Most approvals will be for one semester only and during that semester the student will be considered on probation status.  Students on probation status will be expected to have an Educational Plan on file with their appeal and follow that plan.  Any deviation from the plan may result in subsequent denial of financial aid.

Warning Status:
Students who do not meet SAP for the first time may be placed on warning for one semester/term.  During the warning term, students will receive aid.  At the end of that term, the student will be expected to have re-established SAP.  If not, the student may be denied and will need to appeal or re-establish SAP without receiving aid.

Re-establishing Aid Eligibility
Students who do not appeal for reinstatement, or whose appeals are denied can reestablish their financial aid eligibility after completing increasing their overall completion rate to at least 67% and achieving a cumulative GPA of 2.0 or higher.  It is the students’ responsibility to notify the Financial Aid Office of the improved academic performance and request their SAP to be re-evaluated.

Grades and SAP: Academic Amnesty/Academic Renewal
Some schools have academic amnesty/renewal procedures through which a student can apply to have credits attempted and grades earned in previous semesters excluded from the calculation of the student’s GPA.  The Federal Student Aid program regulations make no provision for the concept of academic amnesty or academic renewal.  Therefore, a school must always include courses applicable to a student’s major (whenever taken) in evaluating a student’s satisfactory academic progress.

Job placement rates also known as placement in employment for students completing certificate programs and career-technical education degrees for last three years available data:

Cosmetology
State examination pass rates

  • 2019-2020 Academic Year – 75%
  • 2020-2021 Academic Year – 70%
  • 2021-2022 Academic Year – 71%

Dental Assisting
State examination pass rates

  • 2019-2020 Academic Year – 86%
  • 2020-2021 Academic Year – 80%
  • 2021-2022 Academic Year – 85%

Esthetics
State examination pass rates

  • 2019-2020 Academic Year – 74%
  • 2020-2021 Academic Year – 75%
  • 2021-2022 Academic Year – 77%

Heating Ventilation and Air Conditioning (HVAC)
National examination pass rates

  • 2019-2020 Academic Year – 70%
  • 2020-2021 Academic Year – 74%
  • 2021-2022 Academic Year – 80%

Medical Assisting
State examination pass rates

  • 2019-2020 Academic Year – 65%
  • 2020-2021 Academic Year – 70%
  • 2021-2022 Academic Year – 86%

San José City College offers academic programs that require students to pass licensure or other similar examination in order to work in their field of study:

Cosmetology
State examination pass rates

  • 2019-2020 Academic Year – 61%
  • 2020-2021 Academic Year – 65%
  • 2021-2022 Academic Year – 71%

Dental Assisting
State examination pass rates

  • 2019-2020 Academic Year – 52%
  • 2020-2021 Academic Year – 84%
  • 2021-2022 Academic Year – 69%

Esthetics
State examination pass rates

  • 2019-2020 Academic Year – 83%
  • 2020-2021 Academic Year – 86%
  • 2021-2022 Academic Year – 73%

Heating Ventilation and Air Conditioning (HVAC)
National examination pass rates

  • 2019-2020 Academic Year – 81%
  • 2020-2021 Academic Year – 60%
  • 2021-2022 Academic Year – 71%

Medical Assisting
State examination pass rates

  • 2019-2020 Academic Year – N/A
  • 2020-2021 Academic Year – 72%
  • 2021-2022 Academic Year – 71%

Consistent with the applicable federal regulations for federal financial aid, the San José Evergreen Community College District shall not engage in “substantial misrepresentation” of (1) the nature of its educational program, (2) the nature of its financial charges, or (3) the employability of its graduates.
 
The Chancellor shall establish procedures for regularly reviewing the District’s website and other informational materials for accuracy and completeness and for training District employees and vendors providing educational programs, marketing, advertising, recruiting, or admission services concerning the District’s educational programs, financial charges, and employment of graduates to assure compliance with this policy.
 
The Chancellor shall establish procedures wherein the District shall periodically monitor employees’ and vendors’ communications with prospective students and members of the public and take corrective action where needed.
 
This policy does not create a private cause of action against the District or any of its representatives or service providers.  The District and its Governing Board do not waive any defenses or governmental immunities by enacting this policy.

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 U.S. 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.

References:
SJECCD Board Policy 5130 – Financial Aid
SJECCD Administrative Procedure 5130 – Financial Aid
Education Code Sections 66021, 66025, 69432, 69514, 70045, et seq., 76300, 78042, 94912.5
20 U.S.C. Sections 1070, et seq.
34 Code of Federal Regulations Part 668
Title 5 Sections 55031 and 58600 et seq.

San José City College’s Net Price Calculator is intended to provide estimated net price information (defined as estimated cost of attendance - including tuition and required fees, books and supplies, room and board (meals), and other related expenses - minus estimated grant and scholarship aid) to current and prospective students and their families based on what similar students paid in a previous year.

By clicking below, students acknowledge that the estimate provided using this calculator does not represent a final determination, or actual award, of financial assistance, or a final net price; it is an estimate based on cost of attendance and financial aid provided to students in a previous year.  Cost of attendance and financial aid availability change year to year.  The estimates shall not be binding on the Secretary of Education, the institution of higher education, or the State.

Students must complete the Free Application for Federal Student Aid (FAFSA) in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan or work-study assistance.  For more information on applying for Federal student aid, go to http://studentaid.gov.

Note: Any information that students provide on this site is confidential.  The Net Price Calculator does not store responses or ask for personal identifying information of any kind.

San José City College complies with the Student Right-To-Know (STRK), a federally-mandated public disclosure of a college’s Completion Rate and Transfer Rate.  STRK follows a cohort group of students who are first-time freshmen, enrolled full-time, who are certificate, degree, or transfer-seeking students in a fall term and their outcomes measured over a period of three years.

For additional information, please visit http://srtk.cccco.edu/index.asp.

Privacy Policy
San José Evergreen Community College District (SJECCD) recognizes your right to know what information is being collected about you online and how that information is used.  You do not have to give us personal information to visit our websites.  Sometimes we need information to provide services that you request, and this Privacy Policy, also known as Privacy Statement, explains our online information practices.  This Privacy Statement is consistent with the provisions of the Internet Security and Privacy Act, the Freedom of Information Law, and the Personal Privacy Protection Law.  SJECCD complies with the Family Educational Rights and Privacy Act (FERPA) as it pertains to student records.  This Privacy Statement applies to the sjeccd.edu, evc.edu and sjcc.edu websites and governs data collection and usage.  By using sjeccd.edu, evc.edu and sjcc.edu websites, you consent to the data practices described in this statement.  SJECCD does not collect any personal information about you unless you provide that information voluntarily by sending email or completing an online request, registration or application form.

Information Collected
The sjeccd.edu websites (including evc.edu and sjcc.edu websites), collect personal information through online forms (first and last name, home or other physical address, email address, Student ID, telephone number, school information or other identifiers that permit the physical or online contacting of an individual) only if specifically and knowingly provided by you.  The sjeccd.edu websites also collect anonymous demographic information for statistical purposes and the analyses of user behavior in order to measure interest in the various areas of our site.  When visiting sjeccd.edu, SJECCD automatically collects the following information about your visit:

  • Internet domain and IP address
  • Browser used, its version and operating system on which the browser is running
  • Web page from which you hyperlinked to the current web page
  • Date and time of the visit
  • Pages that were visited and the amount of time spent on each page

None of the automatically collected information constitutes personal information by the Internet Privacy and Security Act.  This automatically collected information is collected for statistical analysis and is used to determine how users are interacting with our website and to maintain or improve the quality of the website.

Email Information
During your visit to sjeccd.edu, you may send an email to sjeccd.edu. Your email address and the contents of your message will be collected. The information collected is not limited to text characters and may include audio, video, and graphic information formats included in the message. Your email address and the information included in your message will be used to respond to you, to address issues you identify, to improve this website, or to forward your message to another department for appropriate action. Please note that email is not necessarily secure against interception. If your communication is very sensitive, or includes information such as your bank account, charge card or Social Security number, you should not send it by email.

Online Submissions
During your visit to sjeccd.edu sites, you may complete a voluntary online information request form.  The information collected, including personal information volunteered by you in completing the form, application or transaction, is used only for the purposes for which it was provided and will not be shared with another entity except as prescribed by law.

Accounts and Passwords
Students and employees are given online accounts and create passwords that are unique to their accounts.  Passwords protect accounts from unauthorized use.  SJECCD is not responsible for lost, stolen, or otherwise disclosed passwords.  SJECCD employees will never ask you for your password.  If you have a lost or forgotten password, you may reset it through the SJECCD Secure Login portal or contact the ITSS Help Desk for assistance.

E-Commerce Precautions
Some of our web pages allow you to make donations, register and pay for classes, etc.  In those instances, we will collect the information needed to fulfill your registration or acknowledge your contribution, just as though it had been made on paper.  That information will be maintained and protected in accordance with the Privacy Act, 5 U.S.C. 552a, which means that it will be secured in transit to us and once received.  Your contributions are processed through a secure e-commerce solution.

Disclosure of Information
The collection of information through sjeccd.edu and the disclosure of that information are subject to the provisions of the Internet Security and Privacy Act.  SJECCD will only collect personal information through sjeccd.edu or disclose personal information collected through sjeccd.edu if the user has consented to the collection or disclosure of such personal information.  The voluntary disclosure of personal information to SJECCD by the user constitutes consent to the collection and disclosure of the information by SJECCD for the purposes for which the user disclosed the information.

However, SJECCD may collect or disclose personal information without consent if the collection or disclosure is:

  1. Necessary to perform the statutory duties of SJECCD to operate a program authorized by law, or authorized by state or federal statute or regulation;
  2. Made pursuant to a court order or by law;
  3. For the purpose of validating the identity of the user; or
  4. Information to be used solely for statistical purposes that is in a form that cannot be used to identify any particular person.

Further, the disclosure of information, including personal information, collected through sjeccd.edu is subject to the provisions of the Freedom of Information Law, the Personal Privacy Protection Law and Family Educational Rights and Privacy Act (FERPA).  SJECCD may disclose personal information to federal or state law enforcement authorities to enforce its rights against unauthorized access or attempted unauthorized access to SJECCD information technology assets.

Personal Information
SJECCD may use your personally identifiable information to inform you of services provided and processes requiring your attention.  SJECCD may also contact you via surveys to conduct research about your opinion of current services or of potential new services.

Confidentiality
SJECCD is committed to protecting personal information collected through sjeccd.edu against unauthorized access, use or disclosure.  SJECCD has implemented procedures to safeguard the integrity of its information technology assets.  These security procedures have been integrated into the design, implementation, and day-to-day operations of sjeccd.edu, as well as limited employee access to personal information collected through sjeccd.edu as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.  SJECCD secures your personal information from unauthorized access, use or disclosure.  SJECCD secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.  When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.  Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through one of SJECCD's social networking sites, such as Facebook, Twitter, YouTube or Instagram, this information may be collected and used by others.

External Links
SJECCD encourages you to review the privacy policies of websites you choose to visit from links on sjeccd.edu.  SJECCD is not responsible for the privacy policies or other content on websites outside of the SJECCD family of websites.

Cookies
Cookies are small pieces of information that are stored by the user's browser on the hard drive of your computer.  SJECCD.edu utilizes temporary and long-lasting session cookies in certain portions of its website to manage your interaction activities and to provide convenience or personalized features to save you time.  You have the ability to accept or decline cookies via your browser preferences and have the option to decline.  If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Disclaimer
The information provided in this Privacy Statement should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through or other advice, or warranting as fail proof, the security of information provided through sjeccd.edu.

Limitation of Liability
SJECCD attempts to maintain the highest accuracy of content on its website.  Any errors or omissions should be reported.  SJECCD makes no claims, promises or guarantees about the absolute accuracy, completeness or adequacy of the content and expressly disclaims liability for errors and omissions in the content.  No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources.  References or links on this website to any specific commercial products, processes or services, or the use of any trade, firm or corporation name are for the information and convenience of the public, and do not constitute endorsement, recommendation or favoring by SJECCD, its employees or agents.

Contact Information
For questions regarding this Privacy Statement, please contact the ITSS Help Desk at itss.helpdesk@sjeccd.edu.  If you believe that SJECCD has not adhered to this Privacy Statement, please contact us.

Changes to the Privacy Statement
This Privacy Statement is subject to change without notice.  SJECCD will occasionally update this Privacy Statement as the conditions and websites change.  SJECCD encourages you to periodically review this Privacy Statement to be informed of how SJECCD is protecting your information.

San José City College is committed to providing students with co-curricular and extracurricular activities and programming to create a sense of belonging amongst students, provide leadership opportunities, and support the College’s commitment to diversity, equity, inclusion, anti-racism, and accessibility.

The San José City College Associated Student Government (ASG) strives to create a transformative and enriching experience that advances student life in the aspects of academics, civic engagement, intercultural development, social justice, and well-being through advocacy via well trained and financially incentivized student representation, the execution of strategic initiatives, and the establishment of forward thinking policy.

The ASG advocates for students nationally, regionally, and locally. Nationally, the ASG participates in the American Student Government Association.  Regionally, the ASG participates in the Student Senate for California Community Colleges.  Locally, the ASG participates on the San José Evergreen Community College District Board of Trustees.

The ASG is responsible for enriching the student experience by supporting student organizations and producing campus-wide activities, events, and programs.

To learn more about Student Activities at San José City College, please contact or visit the Student Life Office located on the first floor of the Robert N. Chang Student Center, Room SC-115.

The San José Evergreen Community College District is committed to promoting diversity district wide through its student body as well as its employees.  The District maintains a commitment to diversity through the recruitment and retention of employees and students that reflect the diversity of the communities served.  Every effort is made to initiate and establish specific activities and programs designed to meet the District’s diversity goals and objectives, to foster equal participation, and to ensure a campus climate that welcomes and respects differences.  The Equal Employment Opportunity and Diversity Advisory Committee will establish annual goals and work within an annual budget to provide activities and programs that promote diversity throughout the District.

San José City College student enrollment includes the following as required by the U.S. Department of Education information about student body diversity including:

  • Percentage of enrolled, full-time students
    o Male
    o Female
    o Federal Pell Grant Recipients
    o Self-identified Members of a Major Racial or Ethnic Group

The San José Evergreen Community College District through Institutional Effectiveness and Student Success produces “Fast Facts” each primary term that includes student enrollment by gender and racial and ethnic backgrounds at https://sjeccd.edu/district-services/institutional-effectiveness-and-student-success.

The California Community Colleges Chancellor’s Office through Management Information System (MIS) Data Mart produces financial aid summary reports state-wide, district-wide and college-wide that includes students in receipt of Federal Pell Grants at https://datamart.cccco.edu/DataMart.aspx.

References:
SJECCD Board Policy 3410 – Nondiscrimination
SJECCD Administrative Procedure 3410 – Nondiscrimination
SJECCD Board Policy 3420 – Equal Employment Opportunity
SJECCD Administrative Procedure 3420 – Equal Employment Opportunity
SJECCD Administrative Procedure 3435 – Discrimination and Harassment Investigations
SJECCD Administrative Procedure 7100 – Commitment to Diversity
Education Code Sections 87100 et seq.
Title 5 Sections 53000 et seq.

San José City College participates in the William D. Ford Federal Direct Loan (Direct Loan) Program through the federal student loan program under which eligible students and parents borrow directly from the U.S. Department of Education.  Direct Subsidized Loans, Direct Unsubsidized Loans, Direct PLUS Loans, and Direct Consolidation Loans are offered through this program.  Additional information can be found at https://fsapartners.ed.gov/knowledge-center/library/program/Direct%20Loan.

San José City College students who want to borrow through the Direct Loan Program must: 

1. Submit a Free Application for Federal Student Aid (FAFSA) and all required documentation
2. Attend a Loan Orientation
3. Submit the Direct Student Loan Request Form on the student online portal
4. Submit the Master Promissory Note (MPN) Confirmation
5. Submit the Annual Student Loan Acknowledgement

For additional information, please contact or visit the Financial Aid Office located on the first floor of the Robert N. Chang Student Center, Room SC-103.

The San José City College Cohort Default Rate (CDR) is as follows:

 Cohort Fiscal Year: 2021*
 3 Year Draft: 0%

 Cohort Fiscal Year: 2020*
 3 Year Office: 0%

 Cohort Fiscal Year: 2019
 3 Year Official: 3.7%

 Cohort Fiscal Year: 2018
 3 Year Official: 17.3%

 Cohort Fiscal Year: 2017
 3 Year Official: 17.1%

San José City College does not provide, recommend or endorse private education loans nor does it keep a preferred lender list.  Furthermore, San José City College does not serve as a private lender.

*Fiscal year 2020 and 2021 were impacted by the COVID-19 pandemic during which loan terms and conditions were temporarily changed or paused

San José City College offers an Associate in Science (AS), Associate in Science for Transfer (AS-T), and various Certificates of Achievement in Early Childhood Education.  Our graduates of the Associate in Science Degree Program qualify through academic preparation and field experience for work in child centers, pre-schools, day care facilities, infant and toddler centers and other programs serving young children.  Graduates are able to use instructional techniques, which promote intellectual, social, emotional, physical, and creative growth in children.  After completing the Associate in Science degree, students will be eligible for the Teacher Level of the State of California Children’s Center Permit, and qualify for employment as teachers in government and privately funded early care and education programs.  In addition to working in childcare related facilities, the AS-T in Early Childhood Education also provides a foundation for students pursuing baccalaureate study in early care and education; child psychology; children, youth, and family services; child advocacy; social work and other social sciences.  A grade of “C” or better is required in all ECE major, certificate and major elective courses.  San José City College offers the following teacher preparation programs:

  • Early Childhood Education – Certificate of Achievement Level 2
  • Early Childhood Education – Associate Teacher – Certificate of Achievement
  • Early Childhood Education – Inclusion Specialist – Certificate of Achievement
  • Early Childhood Education – Master Teacher – Certificate of Achievement
  • Early Childhood Education – Teacher – Certificate of Achievement
  • Elementary Teacher Education – Associate of Science (AS)
  • Elementary Teacher Education – Associate of Science for Transfer (AS-T)

Early Childhood Education
Issuer: California Department of Education
Permit: California Child Development Permit
Website: https://www.cde.ca.gov/sp/cd/

Early Intervention Assistant
Issuer: California Department of Education
Permit: California Child Development Permit
Website: https://www.cde.ca.gov/sp/cd/

Special Education Assistant
Issuer: California Department of Education
Permit: California Child Development Permit
Website: https://www.cde.ca.gov/sp/cd/

San José Evergreen Community College District (SJECCD) contracts with the Follett Corporation to operate the bookstore at San José City College.  The Follett Corporation is responsible for disclosing all textbook information including, but not limited to, International Standard Book Number (ISBN), retail prices of all textbooks, and supplemental materials for each course listed in the class schedule.  For more information, please visit the following website https://sjcc.edu/bookstore.aspx or visit the bookstore located on the first floor of the Robert N. Chang Student Center, Room SC-107.

SJECCD has a board policy and administrative procedure pertaining to bookstores that sell textbooks, school supplies, and other instructional materials to students.

Board Policy 6900
Bookstores
 
College bookstores shall be established and operated by the District and/or by a qualified vendor.
 
Contracts for outside vendors to operate bookstores shall be submitted to the Board for approval, and awarded in the best interests of the students.  College bookstores shall comply with the requirements of the Reader Privacy Act.

References:
Education Code Section 81676;
Civil Code Section 1798.90

Administrative Procedure 6900
Bookstores 
 
District Bookstore operation shall be directed by the Vice Chancellor of Administrative Services or designee. The college bookstores shall be an unsubsidized full-service retail operation, with hours of service convenient for students.
 
The Bookstore contractor shall work with faculty to ensure that all textbooks and instructional materials are available to students no later than the start of classes.  The Academic Senates at each College shall be informed on at least an annual basis regarding the success of the Bookstore in minimizing the costs associated with textbook adoptions as well as other matters that affect the cost to students of textbooks and instructional materials.
 
See BP 6900

Reference:
Education Code Section 81676

San José City College complies with the Student Right-To-Know (STRK), a federally-mandated public disclosure of a college’s Completion Rate and Transfer Rate.  STRK follows a cohort group of students who are first-time freshmen, enrolled full-time, who are certificate, degree, or transfer-seeking students in a fall term and their outcomes measured over a period of three years.

For additional information, please visit http://srtk.cccco.edu/index.asp.

San José City College prepares students to transfer to four-year colleges and universities including California State University (CSU), University of California (UC), private universities, and out-of-state universities.  The distinct number of transfers to CSU and UC institutions are noted below.  Note that there is a one year lag on this metric.

  • 2019-2020 Academic Year – 723 students
  • 2020-2021 Academic Year – 757 students
  • 2021-2022 Academic Year – 875 students

For additional information, please contact or visit the Transfer Center located on the second floor of the Robert N. Chang Student Center, Room SC-216-A.

The San José Evergreen Community College District (SJECCD) does not have a vaccination policy.  SJECCD encourages all students to take the necessary precautions to remain active and healthy and to seek medical attention at community health providers to prevent disease or illness.

SJECCD adheres to Education Code 87408.6 that requires that all employees undergo a risk assessment to determine their freedom from active tuberculosis (TB).  TB assessments are a condition of employment.  They must be completed at the time of hire and every four years thereafter.  In compliance with this section, SJECCD shall pay for the assessment related expenses.

San José City College Student Health Services offers vaccinations to students for:

  • Hepatitis B
  • Influenza (Flu)
  • Measles, Mumps, Rubella (MMR)
  • Tetanus, Diphtheria, Pertussis (TDAP)
  • Tuberculosis (TB)

Resource and referral information can be obtained at the San José City College Student Health Services located on the first floor of the Robert N. Chang Student Center, Room SC-109.

San José City College’s Dental Assisting Program requires students to have current vaccinations against Hepatitis B before entering the second semester.  Proof of vaccination is required as a prerequisite for select Dental Assisting courses

According to the U.S. Department of Education, the Financial Aid Shopping Sheet is a consumer tool that is designed to simplify information that prospective students receive about costs and financial aid so that they can make informed decisions about which postsecondary institution to attend.

The Shopping Sheet may be used in place of or as a supplemental cover sheet to an institution’s existing financial aid award letter.  Either approach ensures that families will have an easy-to-read form that enables them to compare institutions in terms of grant and scholarship amounts, net costs, graduation rates, loan repayment rates, median borrowing, and estimated monthly loan payments after graduation.

An institution need not use the Shopping Sheet every time it revises a student's financial aid package. However, since the Shopping Sheet helps students compare aid offers, we encourage institutions to use it when financial aid packages are revised.

Institutions that have agreed to comply with the Principles of Excellence (POE) in Executive Order 13607 (EO 13607): Institutions are expected to use the Shopping Sheet to provide the required personalized and standardized form with financial aid information for undergraduate and graduate service members, veterans, military spouses, and other military family members covered by EO 13607.  The Shopping Sheet should be provided to prospective students who are eligible to receive Federal military and veterans’ educational benefits.  It must be provided to those respective students who have applied for Title IV aid using the Free Application for Federal Student Aid (FAFSA).  This means that students should receive the Shopping Sheet prior to enrollment.  Many institutions that have agreed to comply with EO 13607 have also indicated to the Department that they intend to provide the Shopping Sheet to all of their students, in addition to those receiving veterans’ benefits.

Source: U.S. Department of Education, Financial Aid Shopping Sheet, Frequently Asked Questions - https://www.ed.gov/media/document/shoppingsheetfaq20182019pdf

San José City College encourages all eligible students, employees, and community members to register to vote and exercise their constitutional right to vote in local, state and federal elections.  Hardcopy voter registration cards are available at the Admissions & Records Office, Counseling Department, Financial Aid Office, Student Life Office, and Welcome Center/Information Desk during business hours.  Online voter registration cards are available at the California Secretary of State or County of Santa Clara Registrar of Voters websites.

In accordance with San José Evergreen Community College District (SJECCD) Administrative Procedure 5610, Voter Registration, San José City College shall execute “a good faith effort…to distribute…voter registration form to each student enrolled in a degree or certificate program and physically in attendance.”  Furthermore, San José City College will provide “an active link to the California Secretary of State’s voter registration website…on the student portal to allow students to receive voter information during the class enrollment process.”

State Reference
California Secretary of State – Voter Registration
https://www.sos.ca.gov/elections/voter-registration

County Reference
County of Santa Clara Registrar of Voters
https://vote.santaclaracounty.gov/home

City Reference
City of San José -2024 Elections
https://www.sanjoseca.gov/your-government/appointees/city-clerk/elections/2024-elections

Board Policy 5610
Voter Registration

The District Chancellor shall adopt procedures to provide voter registration opportunities to students.

References:
20 U.S. Code Section 1094 (a) (23) (A);
34 Code of Federal Regulations Section 668.14 (d) (1)

Administrative Procedure 5610
Voter Registration

A good faith effort shall be made to distribute a mail-in voter registration form to each student enrolled in a degree or certificate program and physically in attendance at each college.  Mail-in voter registration forms shall be made widely available to students at each college.  An active link to the California Secretary of State’s voter registration web page or site shall be provided on the student portal to allow students to receive voter information during the class enrollment process.  The college designees for the California Secretary of State to contact for purposes of distribution of voter registration cards shall be the Director of Student Life/Development and Activities.

References:
20 U.S. Code Section 1094 (a) (23) (A);
34 Code of Federal Regulations Section 668.14 (d) (1)

Board Policy 7370
Political Activity

Employees shall not use District funds, services, supplies, or equipment to urge the passage or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the Board of Trustees.  This policy prohibits political activity during an employee’s working hours, but shall not be construed to prohibit an employee from urging the support or defeat of a ballot measure or candidate during nonworking time.

Also see BP 2716 titled Political Activity.

References:
Education Code Sections 7054 and 7056;
Government Code Section 8314

Administrative Procedure 7370
Political Activity

No restriction shall be placed on the political activities of any employee of the District except as provided in board policy and these procedures.

No District funds, services, supplies, or equipment may be used to urge the support or defeat of any ballot measure or candidate, including but not limited to any candidate for election to the Board of Trustees.

District resources may be used to provide information to the public about the possible effects of a bond issue or other ballot measure if both the following conditions are met:

  • The informational activities are otherwise authorized by the Constitution or laws of the State of California; and
  • The information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure.

Any administrator or Board member may appear before a citizens’ group that requests the appearance to discuss the reasons why the Board called an election to submit to the voters a proposition for the issuance of bonds, and to respond to inquiries from the citizens’ group.

An officer or employee of the District may solicit or receive political funds or contributions to promote the support or defeat of a ballot measure that would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of the District.  Such activities are prohibited during working hours, and entry into buildings and grounds of the District during working hours is prohibited.  Such activities are permitted during nonworking time.  “Nonworking time” means time outside an employees’ working hours, whether before or after the work day or during the employees’ lunch period or other breaks during the day.

References:
Education Code Sections 7050 et seq.