Appendix A - Administrative Procedure Definitions

In addition to and in some cases as a supplement to the terms defined elsewhere in this procedure, the following defined terms shall have the meanings set forth in this section for purposes of this procedure.

"Advisor" means a person, not serving as legal counsel, who at the Student's request, accompanies the Student and provides them with emotional or other support at a hearing. The advisor will be expected to maintain confidentiality.

"Attorney" means any person who is admitted to practice law in the State of California.

"Board" means the Governing Board of the San Bernardino Community College District.

"Chancellor" means the Chancellor of the San Bernardino Community College District, or their designee.

“Clear and Convincing Evidence” means the burden of evidence that a Student must present establishing that it is highly probable that the College Conduct Officer’s determination process was flawed due to significantly disproportionate sanctions when compared to the offense, procedural error, or new evidence that has become available which is sufficient to alter the decision, and which the student was not aware of or could not have been reasonably obtained at the time of the initial review.

"College Activity" means any activity sponsored by the District including, but not limited to, courses, class, lectures, labs, field trips, club activities, Student Government activities, community education or similar activities, or any other Student sponsored activity.

"College Conduct Office" is the department or division designated by the college campus to oversee the disciplinary process. 

"College Conduct Officer" means the College Official(s) designated by the College President, or designee, to administer this policy. 

“Community" means San Bernardino Community College District Students, trustees, employees, agents, instructional associate, visitors, representatives, guests of the District and their families, and any persons conducting business with the District.

“Complainant” means the person(s) reporting alleged violations of the Standards of Student Conduct.

"Day" means a calendar day.

"Designee" means a District Official appointed to fulfill responsibilities relating to this procedure. 

"District" means the San Bernardino Community College District and each of its colleges.

“District Community” means any employee, contractor, Student, member of the public, or invitee present on District property, or on the property being used by the District.  For purposes of this definition, a Student is deemed a member of the District Community while enrolled in, or in the process of applying for, enrollment as a Student at any of the colleges within the District.  A Student does not have to be physically located on District property for their behavior to be governed by the Standards of Student Conduct.  

"District Official” means any person employed by the District as a Manager, Supervisor, or Officer.

"District Property" means all real, personal and intellectual property owned, controlled, used, or occupied by the District, including property physically removed from any college, the District office, or any place that is the site of a District-approved function.

"Finding" means an outcome determined by the College Conduct Officer or designee after completion of an investigation and a review of the facts collected during the investigation.  Findings include “Responsible” or “Not Responsible”.  

“Hearing Panel” means a panel formed by the College Conduct Officer to make a determination and finding of whether a Student is Responsible or not for alleged violations of the Standards of Student Conduct.

"Instructor" means any faculty member employed by the District for instruction of curriculum or other programs.  

"Interpreter" means a sign language interpreter or translator present to assist the Student in understanding and communicating information at any hearing.  

“Investigation” means the process following a report of a violation of the Standards of Student Conduct.  The investigation includes a review of facts presented by the person reporting the violation, the Student accused of the violation, and any other applicable evidence presented to help the College Conduct Officer make a determination of “Responsible” or “Not Responsible.”

"Mental Health Professional" means a California licensed clinical psychologist or California board-certified psychiatrist. 

“Not Responsible” means, based on the applicable evidence collected during the investigation, it is not more likely than not that the Student did not commit a violation of the Standards of Student Conduct.   

“Parties” means both the Complainant and the Respondent involved in the alleged violation of this Standards of Student Conduct.

“Party” means an individual, either the Complainant or the Respondent, involved in the alleged violation of the Standards of Student Conduct.

"Preponderance of the Evidence" for purposes of this Administrative Procedure, means the weight of the evidence presented by the District at the administrative hearing that has established that it is more likely than not that the Student is Responsible for the alleged violation of a provision within the District’s Standards of Student Conduct.  This weight of evidence standard applies to any resolution hearing, other than for appeals. 

“Request to Stay” means a request, in writing, from a Student, seeking to have any interim action reconsidered or amended by the College Vice President of Student Services or designee. 

“Respondent” means the person(s) who are alleged to have violated the Standards of Student Conduct.  

“Responsible” means, based on the applicable evidence collected during the investigation, it is more likely than not that the Student committed one or more violation(s) of the Standards of Student Conduct.   

"Retention Letter" means a letter from an attorney stating they have been retained by a Student facing disciplinary proceedings pursuant to the Standards of Student Conduct.

"Standards of Student Conduct" means the San Bernardino Community College District Board Policy/Administrative Procedure (BP 5500 and AP 5500, respectively).

"Student" means any person who has applied for admission, who is or has been enrolled, or who has expressed their intent to enroll for any college program within the District for the period in which the misconduct occurred.

“Student Hearing Appeals Committee” means a committee formed by a college within the District for the purpose of hearing appeals filed by Students following findings of Responsibility or Non-Responsibility.   The composition of this committee is set forth in Section 4.4.

"Weapon" means any instrument or weapon as defined in Administrative Procedure 3530.