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Inappropriate conduct by students or by applicants for
admission is subject to discipline as provided in Sections
41301 through 41304 of Title 5, California Code of
Regulations. These sections are as follows:
41301. Expulsion, Suspension and Probation of Students
- Following procedures consonant with due process
established pursuant to Section 41304, any student of a
campus may be expelled, suspended, placed on probation or
given a lesser sanction for one or more of the following
causes which must be campus related:
(a)
Cheating or plagiarism in connection with an academic
program at a campus.
(b)
Forgery, alteration or misuse of campus documents, records,
or identification or knowingly furnishing false information
to a campus.
(c)
Misrepresentation of oneself or of an organization to be an
agent of the campus.
(d)
Willful, material and substantial obstruction or disruption,
on or off campus property, of the campus educational
process, administrative process, or other campus function.
(e)
Physical abuse on or off campus property of the person or
property of any member of the campus community or of members
of his or her family or the threat of such physical abuse.
(f)
Theft of, or non-accidental damage to, campus property, or
property in the possession of, or owned by, a member of the
campus community.
(g)
Unauthorized entry into, unauthorized use of, or misuse of
campus property.
(h) On
campus property, the sale or knowing possession of dangerous
drugs, restricted dangerous drugs, or narcotics as those
terms are used in California statutes, except when lawfully
prescribed pursuant to medical or dental care, or when
lawfully permitted for the purpose of research, instruction
or analysis.
(i)
Knowing possession or use of explosives, dangerous chemicals
or deadly weapons on campus property or at a campus function
without prior authorization of the campus president.
(j)
Engaging in lewd, indecent, or obscene behavior on campus
property or at a campus function.
(k)
Abusive behavior directed toward, or hazing of, a member of
the campus community.
(l)
Violation of any order of a campus President, notice of
which had been given prior to such violation and during the
academic term in which the violation occurs, either by
publication in the campus newspaper, or by posting on an
official bulletin board designated for this purpose, and
which order is not inconsistent with any of the other
provisions of this Section.
(m)
Soliciting or assisting another to do any act which would
subject a student to expulsion, suspension or probation
pursuant to this Section.
(n)
Unauthorized recording, dissemination, and publication of
academic presentations for commercial purposes. This
prohibition applies to a recording made in any medium,
including, but not limited to, handwritten or typewritten
class notes.
(1) The term “academic presentation” means any lecture,
speech, performance, exhibition, or other form of academic
or aesthetic presentation, made by an instructor of record
as part of an authorized course of instruction that is not
fixed in a tangible medium of expression.
(2) The term “commercial purpose” means any purpose that
has financial or economic gain as an objective.
(3) “Instructor of record” means any teacher or staff
member employed to teach courses and authorize credit for
the successful completion of courses.
(o) For
purposes of this Article, the following terms are defined:
(1) The term “member of the campus community” is defined as
meaning California State University Trustees, academic,
non-academic and administrative personnel, students, and
other persons while such other persons are on campus
property or at a campus function.
(2) The term “campus property” includes:
(A) real or personal property in the possession
of, or under the control of, the Board of Trustees of the
California State University, and
(B) all campus feeding, retail, or residence
facilities whether operated by a campus or by a campus
auxiliary organization.
(3) The term “deadly weapons” includes any instrument or
weapon of the kind commonly known as a blackjack, slingshot,
billy, sandclub, sandbag, metal knuckles, any dirk, dagger,
switchblade knife, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor
with an unguarded blade, and any metal pipe or bar used or
intended to be used as a club.
(4) The term “behavior” includes conduct and expression.
(5) The term “hazing” means any method of initiation into a
student organization or any pastime or amusement engaged in
with regard to such an organization which causes, or is
likely to cause, bodily danger, or physical or emotional
harm, to any member of the campus community; but the term
“hazing” does not include customary athletic events or other
similar contests or competitions.
(6) The causes for discipline in this section shall, as
appropriate, include computer-related crimes as provided in
Section 502 of the Penal Code.
(p)
This Section is not adopted pursuant to Education Code
Section 89031.
(q)
Notwithstanding any amendment or repeal pursuant to the
resolution by which any provision of this Article is
amended, all acts and omissions occurring prior to that
effective date shall be subject to the provisions of this
Article as in effect immediately prior to such effective
date.
41302. Disposition of Fees: Campus Emergency; Interim
Suspension
- The President of the campus may place on probation,
suspend, or expel a student for one or more of the causes
enumerated in Section 41301. No fees or tuition paid by or
for such student for the semester, quarter, or summer
session in which he or she is suspended or expelled shall be
refunded. If the student is readmitted before the close of
the semester, quarter, or summer session in which he or she
is suspended, no additional tuition or fees shall be
required of the student on account of the suspension.
During
periods of campus emergency, as determined by the President
of the individual campus, the President may, after
consultation with the Chancellor, place into immediate
effect any emergency regulations, procedures, and other
measures deemed necessary or appropriate to meet the
emergency, safeguard persons and property, and maintain
educational activities.
The
President may immediately impose an interim suspension in
all cases in which there is reasonable cause to believe that
such an immediate suspension is required in order to protect
lives or property and to insure the maintenance of order. A
student so placed on interim suspension shall be given
prompt notice of charges and the opportunity for a hearing
within 10 days of the imposition of interim suspension.
During the period of interim suspension, the student shall
not, without prior written permission of the President or
designated representative, enter any campus of the
California State University other than to attend the
hearing. Violation of any condition of interim suspension
shall be grounds for expulsion.
41303. Conduct by Applicants for Admission
- Notwithstanding any provision in this Chapter 1 to the
contrary, admission or readmission may be qualified or
denied to any person who, while not enrolled as a student,
commits acts which, were he enrolled as a student, would be
the basis for disciplinary proceedings pursuant to Sections
41301 or 41302. Admission or readmission may be qualified or
denied to any person who, while a student, commits acts
which are subject to disciplinary action pursuant to Section
41301 or Section 41302. Qualified admission or denial of
admission in such cases shall be determined under procedures
adopted pursuant to Section 41304.
41304. Student Disciplinary Procedures for the California
State University
- The Chancellor shall prescribe, and may from time to time
revise, a code of student disciplinary procedures for the
California State University. Subject to other applicable
law, this code shall provide for determinations of fact and
sanctions to be applied for conduct which is a ground of
discipline under Sections 41301 or 41302, and for qualified
admission or denial of admission under Section 41303; the
authority of the campus President in such matters; conduct
related determinations on financial aid eligibility and
termination; alternative kinds of proceedings, including
proceedings conducted by a Hearing Officer; time
limitations; notice; conduct of hearings, including
provisions governing evidence, a record, and review; and
such other related matters as may be appropriate. The
Chancellor shall report to the Board actions taken under
this section.
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